Adoption and Foster Parenting Age Discrimination

Age requirements are one of the main factors that decide if an individual is eligible to adopt a child. Having the ability to adopt a child is an important part of family development for many individuals. It is essential to understand the rules that affect who is allowed to adopt and what requirements must be met, especially in regards to age-based policies. Being able to adopt children allows adults to build families and provide safe environments for children who are placed in adoption agencies. 

Many states have unfair age restrictions on Adoption and Foster Parenting. Some states have excessive age restrictions, requiring adults to be 10 – 15 years older than the child they are wishing to adopt. In most states, an individual must be 21 years old to be a foster parent of a child. Idaho even has the minimum age to adopt as high as 25 years old. These unfair restrictions limit the amount of children who can be adopted into a loving home, or placed with foster parents. Along with this states continue to limit qualified foster parents by imposing age restrictions that often cap applicants at age 60 or 65. These policies are only doing a disservice to youth in foster care that could benefit from a loving foster home, regardless of the age of their foster parent(s). Individuals wishing to Adopt or Foster should be judged individually, instead of by their age. 

In the following webpage, the National Youth Rights Association explains Adoption and Foster parenting age requirements by state, similar age restrictions by adoption agencies and foster care programs, other ways that young adults can be discriminated against in the adoption process, and how adoption age discrimination leads to hesitant adults, creating less adopted children. 


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The National Youth Rights Association

If you’re interested in Youth Rights, consider volunteering with us. We are always looking for new members and would love to have you on board. If you have a personal story to share, of how adoption or foster parenting age requirements negatively impacted your life, or about a general youth rights violation, consider sending us an email at nyra@youthrights.org. We’d love to help get your story out to the world.


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Federal Laws on Age-Based Adoption Discrimination

Federal laws provide individuals with certain protections when it comes to adoption and building families. For starters, the Fourteenth Amendment of the U.S. The Constitution requires states to provide equal protection under the law. This means that states cannot create unfair adoption restrictions without a real reason to. Even though states are allowed to create age requirements for adoption, these rules can still prevent younger adults from adopting even if they are responsible and capable of providing safe homes for children.

Courts have usually allowed minimum age requirements for adoption to be placed higher than usual because states believe older adults are more mature and able to provide safe environments for children compared to younger adults. Although it is important to ensure child safety policies are followed, enabling young adults from adopting can lower their confidence and cause them to feel not ready for building a family even if they truly did think they were ready beforehand.

Federal laws are also in charge of guiding adoption and child welfare systems across the country. For example, the Adoption and Safe Families Act of 1997 (H.R. 867) was created to help children find homes in a quicker and more efficient manner. While the law mainly focuses on child safety, adoption requirements and age restrictions can still sometimes make it harder for children to be placed into stable homes.

Most specific adoption age requirements are decided by states or the adoption agencies themselves. In the past, the federal government had very little involvement in adoption laws because family law was mostly left to state governments. Over time, the federal government became more involved, but states still have higher power in terms of setting adoption age requirements. Due to this, some states have placed restrictions that can unfairly limit younger adults from adopting children early on even if they are more than capable of taking on the role. 


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State by State Laws on Adoption and Foster Parenting Age Requirements

State laws play the biggest role in regulating adoption age requirements. Laws regarding adoption age restrictions vary significantly depending on the state. 

StateMinimum Required Age to AdoptMinimum Required Age to Foster ParentState Statutes, Regulations, Notes & Exceptions
Alabama1919Ala. Code § 26-10E-5; Ala. Admin. Code r. 660-5-29-.02. An adoptive parent must generally be at least 10 years older than the adoptee, although the court may waive the age-difference requirement in certain circumstances.
Alaska1821Alaska Stat. § 25.23.020; Alaska Admin. Code tit. 7, § 56.210. An unmarried adult may petition to adopt.
Arizona1821Ariz. Rev. Stat. § 8-103; Ariz. Admin. Code R21-6-301. Arizona law permits any adult to qualify to adopt, subject to other statutory requirements.
Arkansas1821Ark. Code § 9-9-204; applicable Arkansas foster-family licensing rules. An unmarried adult or qualifying married couple may petition to adopt.
CaliforniaNo fixed numerical minimum18Cal. Fam. Code § 8601; California resource-family approval statutes and regulations. An adoptive parent generally must be at least 10 years older than the child. Statutory exceptions apply to certain relatives and other specified situations.
Colorado21 generally21Colo. Rev. Stat. § 19-5-202; 12 CCR 2509-8. A person under 21 may petition to adopt with approval of the court.
Connecticut1821Conn. Gen. Stat. § 45a-724; Conn. Agencies Regs. § 17a-145-130. Adoption is available to an adult person who otherwise meets statutory requirements.
DelawareOver 212113 Del. C. § 903; Delaware foster-care licensing regulations. Adoption law generally requires the petitioner to be over 21 years of age.
Florida1821Fla. Stat. § 63.042; Fla. Admin. Code r. 65C-13.030. An unmarried adult or qualifying married person may adopt.
Georgia21 generally21Ga. Code § 19-8-3; Ga. Comp. R. & Regs. 290-9-2-.06. A petitioner may qualify if at least 21 or married and living with a spouse. The petitioner generally must also be at least 10 years older than the child.
Hawaii1821Haw. Rev. Stat. § 578-1; Haw. Admin. Rules § 17-113.1. An unmarried adult or qualifying married individual may petition to adopt.
Idaho25, or at least 15 years older than the child18Idaho Code § 16-1501; IDAPA 16.06.02. A petitioner may qualify by being at least 25 years old or at least 15 years older than the child, subject to statutory exceptions.
Illinois18 generally21750 ILCS 50/2; 89 Ill. Admin. Code Part 402. A minor may be permitted to petition for adoption with leave of court upon good cause shown.
Indiana1821Ind. Code § 31-19-2-3; 465 IAC 2-1.5-4. An adult resident or other qualifying petitioner may file for adoption.
IowaAdult21Iowa Code § 600.4; Iowa Admin. Code r. 441-113.12. Adoption eligibility is based on adult legal capacity rather than a separate higher numerical age requirement.
Kansas1821Kan. Stat. § 59-2113; Kan. Admin. Regs. § 28-4-805. Any adult, or qualifying married adult couple jointly, may petition to adopt.
Kentucky1821 generallyKy. Rev. Stat. § 199.470; 922 KAR 1:310 and related Cabinet regulations. Foster applicants ages 18-20 may qualify in certain relative or fictive-kin placements when approval is determined to be in the child’s best interests.
Louisiana1821La. Child. Code art. 1198; La. Admin. Code tit. 67. An adult meeting the statutory qualifications may petition for adoption.
MaineNo express numerical minimum in general petition statute21 generallyMe. Rev. Stat. tit. 18-C, § 9-301; Maine foster-family licensing rules. The general adoption petition statute does not establish a specific numerical minimum age for the petitioner.
Maryland1821Md. Code, Fam. Law § 5-3B-13; COMAR 07.02.25. Any adult may petition a court for adoption.
Massachusetts18 generally18Mass. Gen. Laws ch. 210, § 1; 110 CMR 7.104. Certain minors may petition to adopt in circumstances specifically permitted by statute.
Michigan1818Mich. Comp. Laws § 710.24; Mich. Admin. Code R 400.9201 and related foster-home rules. Adult applicants may qualify for adoption and foster care subject to other licensing standards.
MinnesotaNo express numerical minimum21 generallyMinn. Stat. § 259.22; Minn. R. 2960.3060. The adoption statute allows any qualifying person to petition and does not itself establish a numerical minimum age of 21.
Mississippi21 generally21Miss. Code § 93-17-3; Mississippi foster-care licensing regulations. Additional eligibility, residency, marital-status, and suitability requirements may apply.
MissouriNo express numerical minimum in general adoption statute21Mo. Rev. Stat. § 453.010; Missouri Children’s Division foster-home requirements. The general adoption statute permits a person desiring to adopt to petition without expressly setting a 21-year minimum, while state foster-care programs generally require applicants to be at least 21.
Montana1818Mont. Code § 42-1-106; Mont. Admin. R. 37.51.301 and related licensing provisions. An unmarried person at least 18 or qualifying married individuals may adopt.
NebraskaAdult, generally 1921 generallyNeb. Rev. Stat. § 43-101; Nebraska foster-care licensing regulations. Nebraska law permits an adult person or persons to adopt. Because Nebraska’s general age of majority is 19, this ordinarily results in a minimum of 19 unless another legal status applies.
NevadaNo fixed numerical minimum; generally 10 years older than child21NRS Chapter 127; Nev. Admin. Code Chapter 424. The adopter generally must be at least 10 years older than the child, with exceptions for certain relatives and other circumstances.
New Hampshire1821N.H. Rev. Stat. § 170-B:4; N.H. Code Admin. R. He-C 6446. Adoption is generally limited to adult petitioners meeting the statutory qualifications.
New Jersey1818N.J. Stat. § 9:3-43; N.J. Admin. Code § 3A:51-2.1. An adoptive parent generally must also be at least 10 years older than the child. A court may waive either age requirement for good cause.
New Mexico1818N.M. Stat. § 32A-5-11; 8.26.4 NMAC. Adult applicants may adopt and persons at least 18 may qualify as foster parents subject to licensing standards.
New York1821N.Y. Dom. Rel. Law § 110; 18 NYCRR Part 443. Adoptive applicants generally must be adults, while foster parents must ordinarily be at least 21.
North Carolina1821N.C. Gen. Stat. § 48-1-103; 10A NCAC 70E .1104. Any adult may adopt another individual subject to statutory qualifications and placement requirements.
North Dakota1821 generallyN.D. Cent. Code § 14-15-03; North Dakota foster-care licensing regulations. Adult individuals and qualifying married couples may petition for adoption.
Ohio1818Ohio Rev. Code § 3107.03; Ohio Admin. Code 5180:2-7-02. Both adoptive and foster applicants may qualify beginning at age 18, subject to other suitability and licensing requirements.
Oklahoma2121Okla. Stat. tit. 10, § 7503-1.1; Okla. Admin. Code § 340:75-7-12. Applicants generally must be at least 21 to adopt or serve as foster parents.
Oregon18 generally21 generallyOr. Rev. Stat. § 109.309; Or. Admin. R. 413-200-0308. Exceptions to the foster-parent age requirement may be approved in qualifying circumstances.
PennsylvaniaNo express numerical minimum2123 Pa. Cons. Stat. § 2312; 55 Pa. Code § 3700.64. Pennsylvania’s adoption statute provides that any individual may become an adopting parent, subject to the remaining requirements of the Adoption Act.
Rhode IslandNo fixed numerical minimum21R.I. Gen. Laws § 15-7-4; 214-RICR-40-00-3. A person may petition to adopt a minor who is younger than the petitioner. The adoption statute does not establish a separate age-18 or age-21 minimum.
South CarolinaNo express numerical minimum21S.C. Code Ann. § 63-9-60; S.C. Code Regs. 114-550. Any South Carolina resident may petition to adopt, subject to statutory residency, placement, and suitability requirements.
South DakotaAdult; additional age-difference requirements may apply21S.D. Codified Laws Chapter 25-6; S.D. Admin. R. 67:42:05. South Dakota law includes age-related qualifications that depend partly on the relationship between the petitioner and child rather than imposing only a single universal numerical minimum.
Tennessee1821Tenn. Code § 36-1-115; Tennessee Department of Children’s Services foster-home approval rules. Adult petitioners may qualify to adopt, while ordinary DCS foster applicants must generally be at least 21.
TexasNo express general 21-year minimum in adoption statute21 generallyTex. Fam. Code § 162.001; 26 Tex. Admin. Code Chapter 749 and related child-care licensing standards. The adoption statute does not establish a universal 21-year minimum for every person eligible to petition. Foster-care programs generally impose a 21-year minimum.
Utah1821 generallyUtah Code § 78B-6-117; Utah Admin. Code R501-12. A minor child may generally be adopted by an adult individual who satisfies Utah’s other marital-status, cohabitation, consent, and placement requirements.
Vermont182115A V.S.A. § 1-102; Vermont foster-care licensing rules. Adult individuals may qualify to adopt subject to the state’s other adoption requirements.
Virginia1818Va. Code § 63.2-1201; 22VAC40-191-40. Both adoption and foster-care eligibility may begin at age 18, subject to approval and suitability requirements.
Washington1821RCW 26.33.140; WAC Title 110 foster-family licensing provisions. Adult petitioners may adopt, while licensed foster parents must generally be at least 21.
West VirginiaNo express numerical minimum in general adoption statute21W. Va. Code § 48-22-201; W. Va. Code R. § 78-2-13. The adoption statute does not state a specific numerical minimum age for petitioners. Foster parents generally must be at least 21, subject to applicable licensing provisions.
Wisconsin1821Wis. Stat. § 48.82; Wis. Admin. Code DCF § 56.05. Adult applicants may adopt, while foster-parent licensing generally begins at age 21.
Wyoming1821Wyo. Stat. § 1-22-102; Wyoming Department of Family Services foster-care rules. Adult persons may petition to adopt, while foster parents generally must be at least 21.

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States With the Strictest Age Requirements to Adopt and Foster

Some states impose significantly stricter age requirements on prospective adoptive parents than others. Idaho has one of the strictest adoption-age laws in the country. Under Idaho law, an adoptive parent must generally either be at least 25 years old or at least 15 years older than the child being adopted. This means that a younger adult may still qualify, but only when the age difference between the applicant and child is sufficiently large. 

Several other states impose substantial age-difference requirements even when their basic minimum age is lower. In Alabama, an adoptive parent must be an adult—generally age 19 under Alabama law—and ordinarily must also be at least 10 years older than the child. The 10-year difference may be waived for certain stepparent or relative adoptions or when a court determines that the adoption is in the child’s best interests. This makes Alabama considerably more restrictive for young adults seeking to adopt older children than states that simply require the petitioner to have reached adulthood.

Nevada and South Dakota also generally impose a 10-year age difference between an adoptive parent and the child. Nevada’s current adoption statutes require prospective adoptive parents to be adults and ordinarily at least 10 years older than the child, although the courts may disregard the age difference in specified circumstances, including certain relative adoptions. South Dakota similarly permits an adult to adopt a minor but generally requires the adopter to be at least 10 years older. Unlike a rigid prohibition, however, South Dakota expressly allows a court to disregard that difference when it finds that the adoption is in the child’s best interests.

These age-gap rules can be especially restrictive for young adults attempting to adopt teenagers. For example, an 18-year-old in a state with a 10-year age-gap rule would ordinarily be unable to adopt a 15-year-old, even though the applicant satisfies the state’s basic adulthood requirement. Idaho’s 15-year rule can have an even larger effect: an applicant relying on the age-difference alternative rather than the age-25 qualification would have to be 30 to adopt a 15-year-old. The availability of relative, stepparent, and best-interest exceptions can therefore be particularly important in situations involving older siblings or other young adult relatives.

For foster parenting, the strictest commonly used minimum is much more uniform. A large number of states require ordinary foster-family applicants to be at least 21 years old. As a result, the states with the strictest policies are not necessarily the same for adoption and foster care. Idaho stands out for adoption because of its unusually high age-25 or 15-year-age-gap standard, while Alabama, Nevada, and South Dakota impose notable 10-year age-difference rules. For foster parenting, 21 remains the high end of the ordinary minimum-age requirements used by states, although some states provide lower thresholds for kinship placements or allow foster licensing beginning at 18 or 19. These differences mean that an adult who is legally capable of becoming a parent in one state may be required to wait several additional years—or qualify for a specific exception—before being eligible to adopt or foster in another.


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Age Restrictions Imposed by Adoption Agencies and Foster Care Programs

Even when state law allows a person to adopt at a relatively young age, adoption agencies and foster care programs may impose their own age requirements that are stricter than the minimum established by state law. This can create situations where a person is legally permitted to petition for adoption but is unable to participate in a particular agency’s program. Private adoption agencies generally establish eligibility standards for the families they agree to work with, while public foster-care programs can impose additional requirements as part of their approval and home-study process. For example, Texas law does not establish a universal age-21 requirement for every adoption petition, but the Texas Department of Family and Protective Services requires prospective foster/adoptive parents participating in its program to be at least 21 years old. 

California’s Resource Family Approval system is supposed to create unified standards for foster, adoptive, and kinship caregivers, and California’s statewide materials describe age requirements as relatively flexible. However, El Dorado County’s public Child Protective Services foster-care program states that a prospective Resource Family must be age 21 or older. Its current public recruitment page says that people “age 21 and over” may apply through the county’s Resource Family Approval unit.

Private agencies can impose even higher minimums. Abrazo Adoption Associates, a Texas adoption agency, requires prospective adoptive parents to be at least 25 years old. Likewise, AdoptionWorks states that prospective families must be at least 25 before applying to its adoption program. These agency requirements can therefore exclude younger adults even when those individuals would otherwise satisfy the age requirement imposed by their state’s adoption statute.

Age can also be considered during the home-study and suitability process, even when an applicant meets the formal minimum. Adoption and foster-care approval typically involves evaluating factors such as maturity, financial stability, health, housing, relationships, support systems, and the applicant’s ability to meet a particular child’s needs. Texas regulations, for example, provide that foster and adoptive applicants must be at least 21 and specifically state that an applicant’s age is evaluated in relation to maturity. This means reaching the numerical minimum does not necessarily prevent age from continuing to influence the approval process.

Age-related restrictions can be even more complicated in international adoption. Prospective parents must satisfy not only their home state’s requirements, but also federal immigration requirements and the rules of the child’s country of origin. Under federal intercountry-adoption rules, an unmarried U.S. citizen generally must be at least 25 years old to bring an adopted child into the United States through the applicable Convention or orphan immigration process. Countries of origin can impose additional age requirements of their own, and the home study must address applicable country-specific eligibility criteria. As a result, an individual who is legally eligible to adopt domestically at 18 or 21 may still be too young to participate in certain international adoption programs.


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Older Adults getting Preferential Treatment in the Adoption Process

Formal minimum-age requirements are not the only way age can influence adoption. Older applicants can sometimes receive practical advantages over younger applicants during approval or matching, even where younger applicants are legally eligible. Agencies and caseworkers generally attempt to determine whether a prospective family’s characteristics are suitable for a particular child, and age can be considered alongside maturity, life experience, financial stability, health, and the anticipated ability to provide long-term care. In foster-care adoption, placements are not simply awarded to the first legally qualified applicant; agencies evaluate prospective families and attempt to determine which placement is in a particular child’s best interests.

This discretion can create a disadvantage for younger applicants when age is used as a proxy for maturity or stability. For example, a 21-year-old and a 35-year-old could both satisfy all formal eligibility requirements, yet an agency could view the older applicant as having greater life experience, greater financial security, or more preparation for parenting. Those considerations may sometimes be relevant to an individual applicant, but assumptions based primarily on chronological age can make it more difficult for capable younger adults to receive equal consideration.

The distinction between legal eligibility and actual access to adoption opportunities is therefore important. A state may technically allow someone to adopt at 18, but that does not guarantee that every adoption agency will accept an 18-year-old applicant, that every foster-care program will certify them, or that they will receive equal consideration during placement decisions. Agency policies, home-study judgments, program-specific requirements, international adoption rules, and matching preferences can all create additional age-based barriers beyond those expressly written into state adoption statutes.


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Common Exceptions to Adoption and Foster Parenting Age Requirements

Although states commonly establish minimum ages for adoptive and foster parents, these requirements are not always absolute. Many states allow exceptions when a younger applicant already has a relationship with the child, when a court determines that an exception would serve the child’s best interests, or when special circumstances make strict application of an age requirement unnecessary. The availability and scope of these exceptions vary considerably from state to state.

One of the most common exceptions involves relatives and kinship caregivers. Foster-care systems may allow younger relatives or people with an established family-like relationship with a child to qualify even though unrelated applicants must be older. Kentucky provides a clear example. Under 922 KAR 1:350, nonfamilial foster or adoptive applicants for children in state custody must generally be at least 21. However, a relative or fictive-kin applicant between 18 and 20 may be approved when Cabinet staff determine that the placement is in the child’s best interests.

States may also permit courts to waive age-difference requirements that would otherwise prevent an adoption. South Dakota generally requires an adoptive parent to be at least 10 years older than the child, but S.D. Codified Laws § 25-6-2 allows the court to disregard that requirement when it finds that adoption by the adult is in the child’s best interests. This makes the 10-year requirement a general rule rather than an absolute prohibition.

Nevada similarly uses a 10-year age-gap requirement but provides substantial exceptions. Under the state’s reorganized 2026 adoption statutes, an adopter generally must be at least 10 years older than the child. For agency and identified adoptions, a court may disregard the age difference when the prospective parent is related to the child within the third degree of consanguinity and the adoption is in the child’s best interests. Nevada’s close-family adoption statute is even broader, allowing the court to disregard the age difference when doing so is in the child’s best interests.

Another important exception occurs when states give courts authority to allow younger people to adopt despite not having reached the ordinary age of legal eligibility. Illinois provides an unusually broad example. Although 750 ILCS 50/2 ordinarily permits a person of legal age to adopt, the statute expressly allows a minor to petition for adoption with leave of court upon good cause shown. This provision remains part of Illinois law in 2026.

Exceptions can also depend on the relationship between the applicant and the child rather than simply the applicant’s age. Relative adoptions, stepparent adoptions, and close-family adoptions are often treated differently because the applicant may already function as an important caregiver in the child’s life. Nevada, for example, specifically recognizes close-family adoptions involving relatives within the third degree of consanguinity and gives courts greater flexibility over the normal age-gap requirement in those cases. South Dakota law likewise directs courts and the Department of Social Services to give preference to a qualified relative when considering a child’s best interests.

Age requirements may also differ depending on whether the placement involves an unrelated applicant or a relative/fictive-kin applicant. Kentucky illustrates this distinction especially clearly: an unrelated applicant must be at least 21, while certain relatives and fictive kin can qualify between 18 and 20. This type of exception is particularly important for young adult siblings, cousins, or other relatives who may want to prevent a child from being placed with an unfamiliar foster family.

Finally, some exceptions are based on a broad best-interests-of-the-child standard rather than a narrowly defined category. South Dakota allows its 10-year age-gap requirement to be set aside whenever the court finds the adoption to be in the child’s best interests, while Nevada permits similar flexibility in specified categories of adoption. These provisions give courts an opportunity to examine the applicant’s maturity, relationship with the child, ability to provide care, and other circumstances instead of automatically rejecting a placement because of age alone.

For this reason, a state’s listed minimum age should generally be understood as the ordinary rule rather than an absolute description of every possible case. Relative and kinship placements, good-cause judicial waivers, best-interest findings, and special adoption procedures can all allow younger applicants to qualify even when they fall below the age or age-difference requirement that would ordinarily apply.


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How Adoption Age Discrimination Leads to Hesitant Adults

Restrictions on adoption based on age can have a significant impact on the confidence of younger adults who are interested in starting a family early on. By placing policies and enforcing unnecessary requirements, it can make young adults feel as though they are not trusted to take on the process of adoption solely because of their age. This can result in delays in family development and increase hesitation from younger adults when pursuing family development or adoption opportunities. 

In addition, these restrictions may also make younger adults feel discouraged from pursuing adoption even if they are fully capable of providing a safe and supportive home for children in need. According to data found by the Adoption Network, only about 2-4% of U.S. adults have adopted, although more than ⅓ have considered it. Placing restrictions on younger adults interested in adopting can also stop children from being placed in caring homes. It has been found that approximately 391,000 children are in foster care in the United States, and almost 11% of children in foster care spend over 5 years before being adopted or are never adopted at all. Adoption policies that balance child safety with equal opportunities can help younger adults take on the process of adoption while also ensuring children are placed into stable living environments. 

When younger adults feel trusted and respected in their ability to become adoptive parents, they are more likely to take on more responsibility in regards to family development and raising children. Surveys from the Dave Thomas Foundation for Adoption show that over 30% of adults who have not adopted have still considered it, which shows hesitation is already a huge factor. Placing restrictions can only cause even more people to back away from the idea. This can give them skills and experience that will benefit them later on in life while also allowing them to make positive changes to a child’s life. 


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Conclusion

Adoption age requirements are mostly decided by states and rules placed by adoption centers. Restrictions on adoption based on age can slow family development and prevent younger adults from having the opportunity to build families even if they are more than capable of taking on a parental role. Giving younger adults the ability to adopt while also providing necessary protections and support for children is the most effective approach when dealing with adoption age requirements.

Through advocating for fair and clear adoption age policies, NYRA hopes to give younger adults the ability to have the same equal opportunities as older adults when it comes to adoption while also keeping important child safety protections and support systems in place.