GN 00306: Child Relationship and Dependency
TN 26 (12-98)
Policy
| STATE | NUMBER/TYPES OF DECREES | ADOPTION EFFECTIVE DATE |
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| Alabama | Interlocutory decree followed by final decree after child has lived with adopting parents for 6 months (one year, prior to 9/15/61). Court may omit interlocutory decree where adoption is by stepparent and child has lived with stepparent for one year. Also, after 9/14/61, court has power to omit interlocutory decree where adoption is by child's grandparent, brother, sister, aunt, uncle (singly or with spouses) and child has lived with adopter for one year. | Date of final decree |
| Alaska | One decree | Date of decree |
| American Samoa | One decree | Date of decree NOTE: If adoption is by other than judicial proceedings, submit to RCC under GN 01010.815 ff. |
| Arizona | Interlocutory decree to be followed by final decree after child has lived for 6 months in home of adopting parents after entry of interlocutory decree (one year prior to 6/20/68). | Date of final decree |
| Arkansas | Before 6/12/47 there was one decree. From 6/12/47 through 7/4/77 an interlocutory decree was granted followed by a final decree after 6 months. From 7/5/77 through 11/22/82, a court may issue either a final decree or an interlocutory decree which automatically becomes a final decree on a day specified therein. After 11/22/82, any adoption decree is a final decree unless terms of the decree require subsequent hearing. | From 6/12 /47 through 7/4/77, adoption effective on date of interlocutory decree. 7/5/77 through 11/22/82, date of final decree or date specified in interlocutory decree as the date that decree automatically becomes final. After 11/22/82, any adoption decree is a final decree unless terms of the decree require subsequent hearing. |
| California | One decree | Date of decree |
| Colorado | One decree before 5/20/49. From 5/20/49 through 3/28/ 51, there was an interlocutory decree to be followed by a final decree in one year or less, as court might deem advisable. After 3/28/51, court has discretion to enter final decree immediately or interlocutory decree to be followed by final decree after one year or less, as court deems advisable. | Date of final decree |
| Connecticut | Interlocutory decree to be followed by final decree within not less than 12 or more than 13 months. Court may omit interlocutory decree and enter final decree immediately. | Date of interlocutory decree or, if omitted, date of final decree. |
| Delaware | Before 7/1/52, there was interlocutory order to be followed after one year by final order. Court had discretion to omit interlocutory order and enter final order immediately. After 6/30/52, one decree (final decree). | Date of final decree if after 6/30/52. Before 7/1/52, date of interlocutory order or, if omitted, date of final order. |
| District of Columbia |
In proceedings instituted before 6/9/54, court could enter either final decree or interlocutory decree reciting date (within 6 months from entry) upon which it would become final. If proceedings instituted after 6/8/54, court can enter either final decree or interlocutory decree reciting date (not less than 6 months nor more than one year from entry) upon which it will become final. | Entry of final decree or date interlocutory decree became final, where proceddings instituted before 6 /9/54. If instituted after 6/9/54, date of entry of final or interlocutory decree. |
| Florida | Before 5/20/55, there was an interlocutory decree to be followed by a final decree after period not exceeding one year. After 5/19/ 55, there is a final decree. | Date of final decree |
| Georgia | If petition filed before 5/1/66, there was an interlocutory decree followed after 6 months by final decree. If petition filed after 4/30 /66, there is only a final decree entered not less than 90 days from filing of petition. | Date of final decree |
| Guam | One decree | Date of decree |
| Hawaii | One decree, but complete adoptive status postponed for period not exceeding 6 months at court's discretion. | Date recited in decree. For termination purposes, adoption effective from date of entry of decree. Submit to RCC if effective date of decree is subsequent to entry. For entitlement purposes, adoption effective from date recited in decree. |
| Idaho | One decree | Date of decree |
| Illinois | Before 1/1/60, one decree. After 12/31/59, there is interim order of custody and control to be followed in 6 months by decree of adoption. Court may waive interim order. | Date of final decree |
| Indiana | One decree | Date of decree |
| Iowa | One decree | Date of decree |
| Kansas | Before 6/30/51, there was interlocutory order to be followed after 6 months by final order. After 6/29/51, there is only final order which may be entered not less than 30 days after filing of petition. | Date of final order |
| Kentucky | One decree; however, no decree required under special acts granting homes authority to contract for adoption. | Date of decree (date contract recorded in county clerk's office) |
| Louisiana |
Louisiana law allows an individual(s) to adopt a person under eighteen years of age (child or children) only through (1) an agency adoption, (2) a private adoption, or (3) an intrafamily adoption. |
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Agency Adoption When an individual seeks to adopt a child through an agency, he or she petitions a court for an interlocutory decree, followed by a final decree in not less than one year after the child has lived with the adopting parent(s) and not less than six months after the court granted the interlocutory decree. A court may decline to enter an interlocutory decree and proceed to enter a final decree where an agency has placed the child in the adopting parent(s) home for at least six months prior to the hearing for adoption, or the rights of the child’s parents have been terminated and the child has lived in the adopting parent(s) home for at least one year. For adoptions of a child through an agency prior to January 1, 1992, a court could decline to enter an interlocutory decree and proceed to enter a final decree only where an agency had placed the child in the adopting parent(s) home for at least six months prior to the filing of the petition for adoption. |
Date of final decree |
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Private Adoption When an individual seeks to adopt a child through a private adoption, he or she petitions a court to enter an interlocutory decree, followed by a final decree in not less than one year after the child has lived with the adopting parent(s) and not less than six months after the court grants the interlocutory decree. A court may decline to enter an interlocutory decree and proceed to enter a final decree where the child’s parents’ rights have been terminated and the child has lived in the adopting parent(s) home for at least one year. For private adoptions of a child prior to January 1, 1992, a court could decline to enter an interlocutory decree and proceed to enter a final decree where the child lived in the home of the adopting parent(s) for at least one year, and the child had been declared abandoned. |
Date of final decree |
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Intrafamily Adoption When an individual seeks to adopt a child through an intrafamily adoption, he or she petitions a court to enter a final decree if the child has been in the legal or physical custody of the adopting parent(s) for at least six months prior to the filing of the petition for adoption. Prior to January 1, 1992, where a grandparent sought to adopt a grandchild, he or she petitioned a court to enter an interlocutory decree, followed by a final decree in not less than one year after the child had lived with the adopting parent(s) and not less than six months after the court granted the interlocutory decree. Prior to January 1, 1992, a court could also decline to enter an interlocutory decree and proceed to enter a final decree where the child had lived in the home of the adopting parent(s) for at least six months prior to the filing of the petition for adoption. |
Date of final decree |
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Child age 17 years or over prior to January 1, 2009 Prior to January 1, 2009, any person 18 years or older could adopt a child over the age of 17 years by a notarial act of adoption registered with the clerk of the court of the parish where the adoptive parent(s) and the child being adopted were domiciled, or with the Register of Conveyances in Orleans Parish. Submit a copy of instrument the notarial act of adoption to RCC under GN 01010.815 for opinion as to its validity as a deed of adoption. |
Date of filing for registry |
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| Maine | One decree | Date of decree |
| Maryland | On and after 6/1/47, there is usually one decree, but court may enter an interlocutory decree for a period of up to one year. For final decree entered before 6/1/47, and decrees entered in proceedings pending before such date, there is only one decree, enrolled 30 days from entry. | For final decrees entered on and after 6/1/47, date of interlocutory or final decree. For final decrees entered before 6/1/47, or entered in proceedings pending before such date, adoption effective from date of enrollment. |
| Massachusetts | One decree | Date of decree |
| Michigan | Interlocutory order to be followed after one year by final decree. Court may waive one-year period. | Date of final decree |
| Minnesota | One decree | Date of decree |
| Mississippi | Before 7/1/55, one decree. On and after that date, court may enter final decree, or at its discretion, an interlocutory decree, with a final decree to be entered not earlier than 6 months from date of interlocutory decree. Final decree may be entered earlier in some cases. | Date of final decree |
| Missouri | One decree | Date of decree |
| Montana | Before 7/1/57, one decree. After 6/30/57, interlocutory decree to be followed after 6 months by final decree. Court may waive 6-month period. | Date of decree |
| Nebraska | One decree | Date of decree |
| Nevada | One decree | Date of decree |
| New Hampshire | On or after 8/21/73, there is an interlocutory decree to be followed by decree after child has lived with adopting parents for six months. Court may extend interlocutory period or waive interlocutory decree where petitioner or spouse is child's natural parent. | Date of final order completing adoption |
| New Jersey | One decree | Date of decree |
| New Mexico | One decree | Date of decree |
| New York | One decree | Date of decree |
| North Carolina | Proceedings begun before 3/11/49 —interlocutory decree to be followed by final decree after at least 1 year but not more than 2 years. | For termination purposes, adoption effective from date of final decree. For entitlement purposes, adoption effective from date of petition to adopt (i.e. final decree when granted is retroactive to date petition filed with court). |
| Proceedings begun after 3/10/49 — interlocutory decree followed by final decree within 3 years of filing petition. When child is blood grandchild, nephew, niece, or stepchild, court may waive interlocutory decree. | Date of decree | |
| Proceedings begun after 3/29/53 — court may also waive interlocutory decree if child is at least 16 years of age and has lived in home of petitioners for 5 years prior to filing of petition, and child consents to adoption. | Date of decree | |
| North Dakota | After 6/30/71, court may issue final decree or an interlocutory decree to become final in not less than 6 months or more than one year. | Date of final decree or date of interlocutory decree if interlocutory decree has not been vacated, amended, or appealed. |
| Prior to 7/1/71, there was one decree. | Date of decree | |
| Ohio | Interlocutory decree to be followed after 6 months by final decree. Interlocutory decree may be waived in certain specified cases. | Date of interlocutory decree or date of final decree if interlocutory decree has been waived. |
| Oklahoma | Before 8/28/57, there was one decree. On and after that date, there is an interlocutory decree to be followed after 6 months by final decree. Court may omit interlocutory decree and enter final decree immediately. | Date of final decree |
| Oregon | One decree | Date of decree |
| Pennsylvania | One decree | Date of decree |
| Puerto Rico | If adoption occurred before 5/6/48, submit to RCC per GN 01010.815 ff. On or after 5/6/48, there is one decree. | On or after 5/6 /48, adoption effective from date decree signed by judge of court of issue. |
| Rhode Island | One decree | Date of decree |
| South Carolina | One decree proceedings begun on or before 2/3/64. After that date, there is an interlocutory decree to be followed by final decree after child has lived with adopting parents for 6 months. Court may waive interlocutory decree and 6-month waiting period where child is related by blood to one of petitioners, is a stepchild of petitioner, or court is satisfied that adoption is for child`s best interest. | Date of final decree |
| South Dakota | One decree | Date of decree |
| Tennessee | Prior to 4/11/49, there is one decree, which may limit rights of child. After 4/10/49 and prior to 3/16/51, there is one decree. After 3/15/51, there is an interlocutory decree to be followed by final decree in one year. Final decree may be entered earlier in some cases. Interlocutory decree may be waived where child is by blood a grandchild, nephew, or niece, or is a stepchild of one of the petitioners. | Prior to 4/11 /49, adoption effective from date of decree if no limitation. If limitation, submit to RCC per GN 01010.815 ff. After 4/10/49, adoption effective from date of final decree |
| Texas | One decree | Date of entry of decree (date decree is entered into minutes of court) |
| Utah | One decree | Date of decree. |
| Vermont | One decree approving the adoption, which is appended to an instrument of adoption executed by the parties. | Date of decree |
| Virginia | Interlocutory decree to be followed by final decree. Interlocutory decree may be waived and court may grant final decree upon first hearing. | Date of interlocutory decree or, if omitted, date of final decree. |
| Virgin Islands | One decree | Date of decree |
| Washington | One decree, which remains to a limited extent interlocutory for 6 months. | Date of decree |
| West Virginia | One decree | Date of decree |
| Wisconsin | One decree | Date of decree |
| Wyoming | Prior to 5/17/63, there is one decree. After 5/16/63, there is interlocutory decree to be followed by final decree after child has lived with adopting parents for 6 months. If child has already done so, court may waive entry of interlocutory decree and grant a final decree of adoption where child is related by blood to one of the petitioners, is a stepchild of the petitioner, or if the court finds it in the best interests of the child. | Date of final decree |
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