Adopting with a criminal record: what actually disqualifies you
Differs by state or province
People with something in their past often assume the answer is
no and never ask. Federal law in the US is unusually specific about what
disqualifies, and the list is narrower than most people expect.
The federal floor, in the United States
Under 42 U.S.C. 671(a)(20)(A), every state must refuse
approval where a records check reveals:
| Bar | What it covers |
|---|---|
| Permanent | A felony conviction for child abuse or neglect, spousal abuse, a crime against children including child pornography, or a violent crime including rape, sexual assault or homicide |
| Five years | A felony conviction for physical assault, battery or a drug-related offence, where a court has determined it happened within the past five years |
States can add to it
The federal list is a floor, not a ceiling. Sex offender
registry checks are required in some states, and some add human
trafficking as a bar. Every adult in the household is checked, and
FBI fingerprint checks and local police clearances are common.
What to do if you have something on record
Disclose it yourself, early, and in your own words. A
record that surfaces in a check after you did not mention it is a
much bigger problem than the record itself.
Ask the agency directly whether the specific offence falls inside
the statutory bars. That is a factual question with a factual
answer, and asking it costs nothing.
Getting the answer for your area
Eligibility, timelines and money are set locally, and
they are finally confirmed by the licensed agency for your state or
province. We can tell you what those rules currently say where you
live, what they will mean in practice for your household, and what
to have ready before you speak to anyone.
Talk to us first. Tell us which state or province you
are in and what you are trying to decide, and we will explain what applies
where you live, what the next step is, and what to expect from it. There is
no cost and no obligation. Contact Foster Care
Adoption Home, or start your application
when you are ready.
Everything on this page is checked against the official source for each
jurisdiction, and those sources are listed below so you can read the wording
for yourself. We would rather you have both: our explanation of what it
means, and the original to confirm it against.
United States. AdoptUSKids publishes a page for every
state, plus DC, Guam, Puerto Rico, the US Virgin Islands and Cherokee
Nation, naming the responsible agency in each.
Read the state pages.
Canada. There is no national system, so the rules are
published province by province:
- Ontario, Ministry of Children, Community and Social Services. Local body: a children’s aid society.
- British Columbia, Adopt BC Kids, MCFD.
- Alberta, Children and Family Services.
- Quebec, Director of Youth Protection, via the Banque mixte programme.
- Manitoba, Department of Families.
- Saskatchewan, Ministry of Social Services.
- Nova Scotia, Department of Community Services.
If your province is not listed here we have not finished verifying it, and
we would rather say so than guess. Ask us and we will find the current
answer for you. The Adoption Council of Canada
is the national umbrella body, though it is not a regulator.
Sources
- 42 U.S.C. 671(a)(20)(A), criminal record bars on foster and adoptive approval
- AdoptUSKids, the home study
- Texas DFPS, adoption and foster care requirements
Facts on this page were checked against the sources above on 20 August 2026. Rules change. If you are making a decision, confirm the detail with the agency responsible for your area.
