Policy & Law : Federal Laws

Federal Laws

The Congress has enacted many child welfare laws since the 1970s that address or impact adoption. Many of those laws are summarized below. All information was obtained from the Administration for Children and Families, U.S. Department of Health and Human Services, as part of its Child Welfare Information Gateway Web site. Read additional information about these laws and other adoption legislation on the Child Welfare Information Gateway Web site.

Adoption Promotion Act of 2003 (P.L. 108-145) Reauthorizes the adoption incentive program under Title IV-E; provides additional incentives for adoption of older children (age 9 and older) from foster care.

Keeping Children and Families Safe Act of 2003 (P.L. 108-36)

Extends and amends the Child Abuse Prevention and Treatment Act,; the Adoption Opportunities Act, the Abandoned Infants Assistance Act, and the Family Violence Prevention and Services Act.

Promoting Safe and Stable Families Amendments of 2001 (P.L. 107-33)

Extends and amends the Promoting Safe and Stable Families program; amends the Foster Care Independent Living program.

Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16)
Title II includes provisions to extend permanently the adoption credit; increase the maximum credit to $10,000 per eligible child; and increase to $150,000 the beginning of point of the income phase-out range.

Child Citizenship Act of 2000 (P.L. 106-395)
Amends the Immigration and Nationality Act to confer United States citizenship automatically and retroactively to certain foreign-born children adopted by citizens of the United States.

Children's Health Act of 2000 (P.L. 106-310)
Title XII of this Act authorizes funding for adoption awareness activities and public awareness campaigns for adoption of infants and children with special needs.

Intercountry Adoption Act of 2000 (P.L. 106-279)

Provides for implementation of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption by the United States.

Foster Care Independence Act of 1999 (P.L. 106-169)
Amends title IV-E of the Social Security Act to provide States with more funding and greater flexibility in carrying out programs designed to help children make the transition from foster care to self-sufficiency.

Adoption and Safe Families Act of 1997 (P.L. 105-89)
Seeks to promote the safety, permanency, and well-being of children in foster care, accelerate the permanent placement of children in care, and increase the accountability of the child welfare system.

Child Abuse Prevention and Treatment Act Amendments of 1996 (P.L. 104-235)
Reauthorized and amended the Child Abuse Prevention and Treatment Act; The Family Violence Prevention and Services Act; and the Abandoned Infants Assistance Act.

Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191)
Seeks to improve portability and continuity of health insurance coverage; includes adopted children as covered persons.

Multiethnic Placement Act (of the Improving America's Schools Act of 1994)
(P.L. 103-382)
Title V (Miscellaneous Provisions) of the Act contains the provisions of the Multiethnic Placement Act.

Family and Medical Leave Act of 1993 (P.L. 103-3)
Grants family and temporary medical leave for employees, including civil service employees, under certain circumstances, including the birth or adoption of a child.

Abandoned Infants Assistance Act of 1998 (P.L. 100-505)

Funded for fiscal years 1989 through 1991 demonstration projects to provide respite home and other assistance for infants abandoned in hospitals.

Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272)
Authorized appropriations for adoption and foster care assistance to the States. Required States to provide adoption assistance to parents who adopt a child who is AFDC-eligible and is a child with special needs. For foster care assistance, States are required to make reasonable efforts were made to prevent placement or to reunify children with their families.

Indian Child Welfare Act of 1978 (P.L. 95-608)
Established standards for the placement of Indian child in foster or adoptive homes.

Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
(P.L. 93-247)
Reauthorized through fiscal year 1981 and amended the Child Abuse Prevention and Treatment Act; funded the Adoption Opportunities program to facilitate the adoption of children with special needs.