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Adoption Q&A #5

What Happens if There Is an Adoption Between a Birth Parent and Adopting Parents from Different States?

If a Wisconsin couple should adopt a child born to a birth mother in Illinois, in most cases the laws which govern the freeing of the child for adoption would be those in Illinois, the sending state. It would be necessary for the Wisconsin couple to have a home study completed by a licensed child welfare agency, by the State of Wisconsin or appropriate county adoption agency. Once the child has been freed for adoption in the sending state, it is necessary for the movement of the child from the sending state to the receiving state to be approved by a coordinator for the Interstate Compact for Placement of Children (ICPC). Consequently, once the child has been placed with the adopting couple, it is necessary for paperwork to be sent through the ICPC offices in each state. The receiving state ICPC coordinator then gives approval, if the paperwork is in order and all requirements have been met, for the child to be brought into the receiving state. As a result, there is often a delay of several days from the time the child is placed with the adopting couple until the couple can return to Wisconsin. Approval for movement back to the State of Wisconsin is normally given verbally and is followed by written approval.

In the event the laws of the sending state are not compatible with those of the State of Wisconsin, it is often necessary to obtain ICPC approval to bring the child into Wisconsin, at which time a Wisconsin termination of parental rights procedure will have to be initiated in order to free the child for adoptive placement with the intended adopting parents. It is advisable to consult with legal counsel in both the sending and receiving states whenever an interstate placement is involved.


Grady, Hayes & Neary, LLC
N14W23777 Stone Ridge Drive Suite 200
Waukesha, WI 53188
Phone Number:(262) 347-2001