Adoption From Foster Care at 65+: It Is Allowed in Nearly Every State

Every year about 4,000 children are adopted from foster care by parents who are 60 or older, according to AdoptUSKids and the Children's Bureau AFCARS data. The number has been climbing steadily since 2015. Nearly every U.S. state allows adoption regardless of the adoptive parent's age, with only a small handful applying additional review for applicants over 65. The legal framework is the same as for younger adopters: the child becomes your legal child, the birth parents' rights are ended, and the child receives all the rights of a biological child including Social Security survivor benefits if you die.

Adoption from foster care usually starts as foster care first. The child is placed in your home as a foster placement, the birth parents are given a court-approved chance to address the issues that led to removal (usually 12-18 months under the federal Adoption and Safe Families Act), and if reunification is not possible, the court ends the birth parents' rights. At that point the child is legally free for adoption, and if you have been the foster parent for at least six months, you have first preference to adopt under federal law. About 60% of foster-to-adopt placements follow this sequence. The other 40% are children who are already legally free for adoption and being recruited for adoptive homes specifically.

The state's review of older adoptive parents focuses on the same things as foster licensing: physical health, financial stability, support network, and a written plan for what happens if your health changes before the child reaches adulthood. The plan needs to name a guardian (usually one of your adult children) who has agreed in writing to step in if you die or become incapacitated before the child turns 18. This is required for older adopters in nearly every state. It is not a barrier — most older adults have adult children or trusted family members who agree to this. But it must be in writing and signed, often notarized, and included in the adoption file.

The financial supports for adoption from foster care are substantial. Under Title IV-E of the Social Security Act, children adopted from foster care are eligible for adoption help subsidies. This is a monthly payment from the state, similar in amount to the foster care stipend (usually 500-900 dollars per month, more for medically complex kids), that continues until the child turns 18 (or 21 in some states). The subsidy is not means-tested in most states — your income does not reduce it. The child also retains Medicaid coverage until age 26 under the Affordable Care Act, regardless of your insurance. Adoption help is the reason adoption from foster care is financially sustainable for retired adults living on a fixed income.

There is also a federal Adoption Tax Credit, which in 2026 is worth up to 16,810 dollars per child. The credit is non-refundable but can be carried forward for five years, meaning you can apply it against future tax liability. For foster care adoptions, the credit is available even if you had no out-of-pocket adoption expenses, because foster care adoption is considered a special needs adoption under IRS rules. Your caseworker or the agency's adoption specialist can help with the paperwork. Many older adoptive parents file the credit with help from AARP Foundation Tax-Aide, which is free.

The legal process is straightforward once the child is free for adoption. You file a petition in family court (the agency's attorney usually files it for you at no cost). The court holds a finalization hearing, often a celebratory event where the judge formally pronounces the child your legal son or daughter. Some courts allow you to bring photographers, family members, and friends. The whole hearing takes 15-30 minutes. After finalization you receive an amended birth certificate listing you as the parent, and the adoption is final.

What older adopters tell us most often is that the worry beforehand is bigger than the reality. The age concerns that kept them up at night before applying turn out to be a non-issue in court. The financial supports cover the costs. The kids do well. The relationships last lifetimes.

(Sources: Children's Bureau AFCARS Report 2024; AdoptUSKids state adoption profiles; Title IV-E Adoption Help Program federal rules; IRS Form 8839 Adoption Tax Credit; National Council For Adoption older adopter survey 2023; AARP Foundation adoption from foster care brief)