Can I Adopt a Child If I Have a Past History?

Whether looking to adopt domestically or internationally, the standards by which a potential adoptive parent is qualified or disqualified may vary. The existence of a past criminal record might create some anxiety for the parent in question, especially when looking to adopt from another nation that might seem to have more conservative laws than the United States.

  1. General Criminal Record

    • Having a past criminal record is not enough to prevent a person from adopting a child, in and of itself. The type of charges on a criminal record, however, may be enough to disqualify a potential adoptive parent.

    Disqualifying Felonies

    • Any person who has a past felony related to physical or sexual child abuse, neglect of a child, spousal abuse, or another violent felony may not adopt from any country or within the United States. Violent felonies can include murder, rape or assault. Some states in the US, such as New Mexico, will not allow adoption in the case of drug-related felonies. This may pertain to all members living in the household, not just the adoptive parents.

    Disqualifying Charges

    • Even if there was no conviction, just an official charge of neglect, abuse or sexual assault can disqualify a parent from adoption. These regulations may vary from state to state for domestic adoptions, so check with the local social services department to verify.

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