Bill aims to simplify, speed up interstate adoptions

Whitney Lee

Jan 22, 2009 / Reporter-Times

An adoption bill that would simplify out-of-state adoptions for birth mothers living in neighboring states passed through a Senate committee Wednesday.

Indiana is a part of the Interstate Compact on the Placement of Children, which requires birth mothers who are citizens of different states to go back to their state of residence even if the child was born in Indiana. The compact also requires the mothers to go through court proceedings there that can take as little as five days if done with Illinois or as much as eight months if in Ohio.

The Judiciary Committee heard Senate Bill 280, which would allow birth mothers who are citizens of neighboring states only to stay under the jurisdiction of Indiana courts so they wouldn’t have to leave the state if they gave birth in the Hoosier state.

Adoption attorney Steve Kirsh testified in favor of the bill. On the other side was someone Kirsh said was a good friend, John Ryan, chief of staff for the Department of Child Services.

Kirsh helped Sen. Teresa Lubbers, R-Indianapolis, draft the bill. He said the current adoption delay was unnecessary and doesn’t serve the interests of the child.

Some states, Kirsh testified, won’t always follow the ICPC agreement.

Birth mothers can end up waiting as long as eight months for a child they wanted to give to adoptive parents at birth and those parents spend long months waiting for their child. Kirsh said forcing adoptive parents to spend months in a hotel room with the birth mother just provides unnecessary bureaucratic delays.

Sen. Greg Taylor, D-Indianapolis, objected to the notion that delays in the adoption process were a bad thing.

“I don’t think two months is too long,” Taylor said. “I’m looking out for the birth mother.”

Taylor said the extra delay will help women think closely about one of the most important decisions in their lifetime and give them time to change their minds.

Ryan said the bill will affect 20 adoptions out of the estimated 300 private adoptions per year in Indiana.

He said maintaining the integrity of the ICPC agreement is important. The ICPC came together because states had no blanket adoption laws for when they crossed state lines. Ryan said changing part of it should happen on a national level, not through individual states.

Ryan said he worried the bill would make Indiana an island in a sea of Midwestern states that all comply with the interstate agreement.

Kirsh said he would be fine if the bill were amended to just include neighboring counties in other states.

The bill passed unanimously and is headed to the Senate floor.