Children with a variety of disabilities often qualify for special-needs adoptions.
Families that adopt children with special needs may be able to receive financial assistance from the U.S. government. The definition of "special needs" depends on the adoption laws of the state or foreign country from which the parents plan to adopt. While some states may define special needs broadly, other states and foreign countries may limit their definitions to specific qualifying disabilities.
Significance of Special Needs
"Special needs" for adoption purposes refer to factors that may reduce the likelihood of a child's adoption by adoptive parents. These factors include a physical disability or medical condition, emotional disability, risk of developing a disability in the future based on family history or family circumstances, increased age, inclusion in a sibling group or an ethnic or racial minority background. Families that adopt children with qualifying special needs through their states' foster care or child welfare systems can apply for adoption-assistance funds under the federal Social Security Act.
Disabilities Qualifying as Special Needs
While the particular qualifying disabilities may vary according to each state's laws, the state and federal definitions of special needs often include physical, emotional and mental disabilities. According to the U.S. Department of Health and Human Services, qualifying physical disabilities may include cleft lip or cleft palate, cystic fibrosis, epilepsy, autism and fetal alcohol syndrome. Learning disabilities, mental or cognitive delays and mental illness may also qualify. Some states may differentiate among conditions that cannot be reversed or corrected through adequate medical care, conditions that families can address through medical treatment and potential conditions from parents with substance-abuse problems or parents who have committed child abuse.
Adoptions in the United States
Each state sets the criteria for qualifying special needs. States may identify specific qualifying conditions or they may provide general guidelines. Additionally, states may require documentation of various types of physical disabilities and other conditions. Prospective adoptive families can obtain state-specific information about special-needs adoption laws from the Child Welfare Information Gateway, a source of public information provided by the U.S. Department of Health and Human Services (see Resources). Families may also obtain information regarding their states' criteria for special-needs adoptions from the child-welfare agency providing foster-care services to the children.
International Adoptions
Countries other than the United States may use their own definitions of special needs for adoption purposes. For intercountry adoptions, international adoption agencies may limit their definitions of special needs to physical disabilities or developmental delays. Regardless of the qualifying types of disabilities, U.S. families who adopt children with special needs from foreign countries often cannot obtain the federal adoption-assistance funds that they would receive after the adoption of American children with special needs. Furthermore, prospective adoptive families should research the U.S. Department of State's guidelines for adopting children from foreign countries. As part of each intercountry adoption, the child must undergo a medical examination. Children with certain medical disabilities or other health conditions may encounter difficulties during U.S. immigration visa processing.
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