Whether you're considering placing your baby for adoption or hoping to grow your family, understanding the laws in Washington, D.C., is a critical first step.

Adoption can seem overwhelming. You may be wondering what kind of consent is required, when the process starts or whether you need a lawyer or agency. This guide is here to answer your most pressing questions and help you move forward with clarity.

Below, you’ll find detailed answers about adoption in the District of Columbia. If you’re ready to connect with a specialist for personalized guidance, contact us today.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. You have the legal right to choose adoption for your child if you believe it’s the best decision. In D.C., this decision must be documented through written consent, and your parental rights will be terminated as part of the process.

Relevant Law: D.C. Code § 16–304

When can I give my baby up for adoption?

There is no mandated adoption waiting period in District of Columbia law. Still, it’s important to wait until you are physically recovered and emotionally certain before moving forward.

Relevant Law: D.C. Code § 16–304

Can I get my baby back after adoption?

Yes. You may revoke your consent within 14 days of signing. After this window, the adoption is considered permanent unless the court finds that your consent was not voluntary or informed.

Relevant Law: D.C. Code § 14–1406

Can you do adoption without the father's consent?

Sometimes, yes. The presumed or legal father must generally give consent. However, if he has not legally established paternity, failed to support the child, cannot be located or is found to be unfit, the court may waive the need for his consent.

Relevant Law: D.C. Code § 16–304

Do both birth parents have to sign adoption papers in District of Columbia?

Yes. Each legal parent must provide written consent unless their rights have already been terminated or legally waived by the court. The court must verify that each consenting parent understands the legal consequences of adoption and that the decision was made voluntarily.

Relevant Law: D.C. Code § 16–304

Can I get paid for adoption?

No. It’s illegal to receive payment for placing your child for adoption. However, you can receive assistance for reasonable pregnancy- and adoption-related expenses. These include:

• Medical care for pregnancy and delivery

• Legal fees related to the adoption

• Housing assistance during pregnancy

• Groceries and essential living expenses

• Transportation to medical and counseling appointments

• Maternity clothing and personal care needs

These expenses must be approved by the court and are not considered payment for the adoption itself.

Relevant Law: D.C. Code § 4–1410

Can you choose who adopts your baby?

Yes. You can choose the adoptive family for your child. Our agency provides access to hundreds of family profiles so you can find a family that aligns with your values, preferences and hopes for your child’s future.

Relevant Law: D.C. Code § 16–302

Can people from a different state adopt my baby?

Yes. Adoptive families from outside D.C. can adopt your baby if they comply with the Interstate Compact on the Placement of Children (ICPC). This process requires approval from both states before the child can be placed across state lines. It ensures the placement is legal and that the adoptive home meets both states’ requirements.

Relevant Law: D.C. Code § 4–1422

Can I give my baby up for adoption without any agency?

Yes. Independent adoptions are legal in Washington, D.C. An adoption attorney can help guide you through the process if you choose not to work with an agency.

Relevant Law: D.C. Code § 16–305

Can my spouse adopt my child?

Yes. This is known as a stepparent adoption. Your current spouse can adopt your child if the other biological parent consents or their parental rights are terminated.

Relevant Laws: D.C. Code § 16–302, § 16–308

Can my family adopt my baby?

Yes. Your family members, such as grandparents, siblings, aunts, uncles or adult cousins, can adopt your baby through what is known as a kinship adoption. This type of adoption allows your child to remain connected to their biological family, which can provide a sense of continuity and identity.

Relevant Law: D.C. Code § 16–302

Can you anonymously put a baby up for adoption?

Mostly, yes. Although you cannot remain completely anonymous, you can maintain a high level of privacy throughout the adoption process. Your identity must be disclosed to your attorney, the court and any legal representatives involved. However, you can request a closed or semi-open adoption, which limits the sharing of your identifying information with the adoptive family and the child.

Relevant Laws: D.C. Code § 16–305, § 16–311

Can I have contact with my child after the adoption?

Yes. With an open adoption, you can stay connected with your child and the adoptive family after placement. This type of arrangement allows for ongoing communication, which may include letters, photos, emails, phone calls or even in-person visits. The level of contact depends on what both you and the adoptive family agree upon.

Although post-adoption contact agreements are not legally enforceable in D.C., our agency works with families who are committed to honoring these agreements. We encourage open communication because we believe it benefits everyone involved, especially the child.

More Information: https://www.americanadoptions.com/adopt/open_adoption

How does tribal adoption work for Native American children?

If your child is a member or eligible for membership in a federally recognized tribe, the Indian Child Welfare Act (ICWA) applies. ICWA is a federal law that provides specific protections for Native American children, their families and their tribes in adoption proceedings.

Relevant Law: 25 U.S.C. §§ 1901-1963

Can I drop my baby off at a fire station?

Yes. D.C.'s Safe Haven law allows you to safely and legally surrender your newborn at designated locations, including fire stations, police stations and hospitals. This must occur within 14 days of the child's birth. You do not have to provide any identifying information, and there are no legal consequences as long as the baby is unharmed and surrendered according to the law.

Relevant Law: D.C. Code § 14–1451.02

What rights do biological parents have after adoption?

None. Once an adoption is finalized in D.C., the biological parents no longer have any legal rights or responsibilities to the child. This includes custody, visitation and decision-making authority. The child becomes the legal child of the adoptive parents with all the same rights and privileges.

However, if you and the adoptive family have agreed to maintain contact through an open adoption, you may continue a personal relationship with your child even though your legal rights have ended.

Relevant Law: D.C. Code § 16–312

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in District of Columbia?

No. Both single individuals and married couples are eligible to adopt in the District of Columbia. However, married couples must petition the court together.

Relevant Law: D.C. Code § 16–302

How old do you have to be to adopt a baby?

There is no minimum or maximum age to adopt a child in Washington, D.C. However, most adoption agencies do set guidelines to ensure that the adoptive parents are capable of providing for the child’s well-being.

Relevant Law: D.C. Code § 16–302

Do you need a home study for a private adoption in District of Columbia?

Yes. A home study is required for all adoptions. The home study includes interviews with the adoptive parents, background checks, a review of financial and medical information and visits to the adoptive home. This ensures that the home environment is safe and nurturing for the child.

Relevant Law: D.C. Code § 16–307

Do you need a home study for an independent adoption?

Yes. Even in an independent adoption, a home study is still required. This is to ensure that the adoptive family is prepared to meet the child’s needs.

Relevant Law: D.C. Code § 16–307

Can you adopt without an agency?

Yes. Independent adoptions are allowed. However, you still need to comply with all legal requirements, such as completing a home study, obtaining parental consent from the birth parents, filing the adoption petition in court and attending an adoption hearing. It’s highly recommended to work with an experienced adoption lawyer to ensure all legal steps are followed correctly.

Relevant Law: D.C. Code § 16–305

What are the steps to adopt?

The steps to adopt a baby in District of Columbia are as follows:

1. Complete a home study with a licensed provider to evaluate the suitability of the adoptive home.

2. Obtain consent from the birth parents (if applicable) and submit the adoption petition to the court.

3. File the adoption petition with the court, including the completed home study and consent documentation.

4. Complete post-placement requirements, which may include visits from the adoption agency to ensure the child is adjusting well.

5. Attend the adoption hearing, where the judge will review the petition and all required documentation and issue the final adoption decree.

These steps are designed to ensure that the adoption process is legally sound and that the child’s best interests are protected.

Relevant Laws: D.C. Code § 16–307, § 16–304, § 16–305, § 16–309

Can you adopt a child from another state?

Yes. If you are adopting a child from another state, the adoption must comply with the ICPC. This compact ensures that the adoption is legal and that the child is placed in a home that meets both states' legal requirements

Relevant Law: D.C. Code § 4–1422

Can we advertise for a birth mother?

Yes. D.C. law does not prohibit advertising for a birth mother, but it must be done ethically and without coercion. Advertisements must provide truthful information and avoid any inducements or offers that could be perceived as manipulation.

Relevant Law: D.C. Code § 4–1410

Can a birth father stop an adoption?

Yes. If a birth father has legal parental rights, his consent is required for the adoption. If he refuses to consent, the adoption may be delayed or denied unless the court finds that his consent is not necessary due to abandonment or other legal grounds.

Relevant Law: D.C. Code § 16–304

What if the birth parents don’t sign adoption papers?

The adoption cannot proceed unless the biological parents have legally terminated their rights or the court waives the requirement for their consent.

Relevant Law: D.C. Code § 16–304

When is an adoption finalized in District of Columbia?

An adoption is finalized after a hearing where the judge reviews the petition and supporting documents. If the judge determines that everything is in order and the adoption is in the best interest of the child, the adoption will be finalized.

Relevant Law: D.C. Code § 16–309

Can birth mothers change their mind?

Yes. In D.C., birth mothers have up to 14 days after signing the adoption consent form to revoke it. After this 14-day period, the adoption becomes final unless the court finds that the consent was not given voluntarily or was based on incorrect information.

Relevant Law: D.C. Code § 14–1406

Are adoptive parents on the birth certificate in District of Columbia?

Yes. Once the adoption is finalized, a new birth certificate is issued that lists the adoptive parents as the child’s legal parents. The original birth certificate is sealed, and a new certificate reflecting the adoptive parents’ names and the child’s new legal name is issued.

Relevant Law: D.C. Code § 16–314

What rights do adoptive parents have after adoption?

After the adoption is finalized, the adoptive parents have the same legal status as biological parents, with all the responsibilities and privileges of parenthood.

Relevant Law: D.C. Code § 16–312

Are open adoptions legally binding in District of Columbia?

No. In an open adoption, the birth parents and adoptive parents agree to maintain contact through letters, visits or phone calls. Our agency encourages these arrangements to help maintain healthy relationships that benefit the child.

More Information: https://www.americanadoptions.com/adopt/pictures_letters

Does ICWA apply to private adoptions in District of Columbia?

Yes. The ICWA applies to any adoption involving a Native American child who is a member or eligible for membership in a federally recognized tribe. ICWA ensures that the child’s tribe is notified of the adoption and gives preference to placing the child with relatives or tribal members when possible.

Relevant Law: 25 U.S.C. §§ 1901-1963

What support is available after adoption?

Post-adoption support may include counseling, access to the child’s medical and background information and financial assistance for special needs adoptions. Our agency provides resources to help families navigate life after adoption, including ongoing emotional and legal support.

More Information: https://www.americanadoptions.com/adopt/post-adoption-support-services

For Adoptees

If you were adopted through our agency, we can help you request information or start the process of reunification. You also have access to resources that help you understand how to request adoption records.

Check out this page for more information about adoptee legal rights.

What’s Next?

Understanding D.C. adoption laws is just the beginning — but you don’t have to figure this out alone. Your adoption journey should be seamless. Work with a licensed team that understands your state’s laws and puts you first.

Let us help you take the next step confidently and legally.

Contact our adoption specialists today to get personalized guidance.

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