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POMS Section GN 00306.160

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TN 26 (12-98)

GN 00306.160 Effective Date of Adoption Decrees Under State Laws

Policy

 

STATENUMBER/TYPES OF DECREESADOPTION EFFECTIVE DATE
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.
ArizonaInterlocutory 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 After 11/22/82, any adoption decree is a final decree unless terms of decree require subsequent hearing. 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. On and after 7/5/77, a court may issue either a final decree or an interlocutory decree which automatically becomes a final decree on a day specified therein. From 6/12 /47 through 7/4/77,adoption effective on date of interlocutory decree. On and after 7/5/77, date of final decree or date specified in interlocutory decree as the date that decree automatically becomes final.
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
IllinoisBefore 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 If child under 17, an interlocutory decree is first entered, followed in not less than 6 months by final decree. Court may dispense with interlocutory decree procedure and enter final decree immediately in some cases where child has been in adopter's home for 6 months.
 
For child 17 or over, adoption if by notarial act of adoption filed with the clerk of the court of the parish where executed (Register of Conveyances in parish of Orleans). Submit copy of instrument to RCC under GN 01010.815 ff. for opinion as to its validity as a deed of adoption.
Date of final decree
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 MexicoOne decree Date of decree
New York One decree Date of decree
North CarolinaProceedings 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 DakotaAfter 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 CarolinaOne 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
TennesseePrior 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.
VermontOne decree approving the adoption, which is appended to an instrument of adoption executed by the parties. Date of decree
VirginiaInterlocutory 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 VirginiaOne decreeDate 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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GN 00306.160 - Effective Date of Adoption Decrees Under State Laws - 03/09/2006