What to Expect in an Adoption Background Check

May 30th, 2025
Posted By
Sarah M. Litowich
Lesbian family with adopted son talking at home
If you are planning to expand your family through adoption, there are a number of steps that are involved in the process before the adoption can be finalized. The adoption background check is a mandatory part of the adoption home study that helps to ensure the safety of the child being adopted. Specifically, it involves reviewing the applicant’s criminal and medical history, assessing the home environment, and conducting interviews to determine the adoptive parents’ suitability.

What is an Adoption Background Check?

An adoption background check is a crucial part of the adoption home study. It is meant to ensure the fitness of the prospective adoptive parent and the safety of the child. This step includes a family assessment and criminal background checks. The adoption home study and background check process can take 4-6 months and must be completed before the adoption process can be finalized. Notably, the Oregon Department of Human Services (DHS) requires criminal record checks to be conducted on anyone who seeks to adopt or foster a child — as well as relative caregivers. A background check must be completed on all individuals over the age of 18 who will be in the household of the adoptive parent.

What are the Steps in an Adoption Background Check?

In Oregon, the adoption background check process begins by completing an application and providing four or five references. The application will ask questions about the applicant’s history and suitability as a caregiver. A criminal background check will then be conducted that identifies any history of criminal behavior, child abuse or neglect, and other conduct that could put a child’s safety at risk. Specifically, the checks look for felony convictions, substance abuse issues, and arrests involving crimes against children. The criminal history records check includes the following:
  • A criminal record check by the state police using the Law Enforcement Data System
  • A national criminal record check through the FBI or by using fingerprints sent to the Oregon State Police
  • A state-specific criminal records check for a jurisdiction outside Oregon that reviews records obtained from law enforcement agencies, courts, and other information sources
  • Police investigation records
  • Information from local and regional criminal records information systems
  • Court records from the Oregon Judicial Information Network
  • Sexual offender registration records
  • Warrants
  • Oregon Department of Corrections records
  • Information from Oregon’s DMV
  • Information provided on the background check requests
  • Disclosures made by the prospective adoptive parent or other individual subject to the background check
  • Any other information obtained from any state for the purpose of providing a determination of fitness as a parent
A physical and medical history check will also be conducted to ensure the applicant is in good health and has the ability to care for a child. After the background checks are completed, DHS will complete a home study that includes interviews with all members of the household to determine the family’s readiness for adoption. The home study also includes a safety inspection to check for hazards and ensure it is safe for a child.

What Factors Disqualify a Prospective Adoptive Parent?

Certain criminal convictions found in an adoption background check can disqualify a prospective adoptive parent — whether the crime took place in Oregon or another state. An individual found guilty of a crime involving a child would automatically be ineligible to adopt. In addition, any felony conviction within the past five years involving physical assault, battery, or drug-related offenses would make an individual ineligible. Other disqualifying convictions include crimes involving violence, such as rape, sexual assault, homicide, manslaughter, and spousal abuse. No exceptions can be made when an adoption applicant has been convicted of any of the above crimes. However, an exception may be granted if an individual has been convicted of a non-violent crime that does not involve a child if they possess the qualifications to be an adoptive parent, regardless of the conviction. In determining whether an exception should be granted, DHS will consider the severity and nature of the crime, as well as the circumstances surrounding it. They would also evaluate the relationship of the criminal activity in connection with the applicant’s ability to safely care for the child, along with any evidence of rehabilitation.

Contact an Experienced Oregon Adoption Attorney

If you’re considering adopting a child, it’s essential to have a knowledgeable attorney who can help you navigate the legal process and guide you through the adoption background check. Based in Salem, Litowich Law provides skillful representation and compassionate counsel to prospective adoptive parents throughout Oregon for adoption matters. We welcome you to contact us for a consultation.
Categories: Adoption