Adopting a Child with Special Needs

May 7th, 2024
Posted By
Sarah M. Litowich
Portrait of happy kids with finger colours and painted t-shirts - adopting a special needs child concept
Adoption is a rewarding experience and a wonderful way to grow your family. However, it also takes planning and research, especially if you will be adopting a child with special needs. Whether you are adopting from foster care or through a private placement, it’s essential to educate yourself about what special needs means. You must also carefully consider if you have access to the financial and medical resources your adopted special needs child may require.

Who is a Child with Special Needs?

Under Oregon law, a “child with special needs” refers to a child who requires a level of care beyond what is the norm for their age. This could be due to a physical, developmental, behavioral, mental, or medical disability. Notably, the term “special needs” is fairly broad and refers to a wide array of conditions that can make it harder for a child to find a permanent home. Conditions that can make adoption placement more challenging for a child can also qualify as “special needs.” Not every child who is in foster care has a condition that requires special education or medical treatment. While some children placed for adoption have specific medical, emotional, or psychological needs, others have special needs based on their unique life experiences — and they may struggle with abandonment or identity issues. In Oregon, a child may be considered “special needs” if they cannot be returned to the home of their parents and are:
  • Eight years of age or older
  • Part of a sibling group of two or more children who are placed together, and one of the children is six years of age or older
  • Part of a sibling group of three or more children placed together
  • A member of an ethnic or racial minority
  • Diagnosed with a medical, physical, mental, or emotional condition or disability
  • At risk for future problems that require treatment
A child with a documented history of neglect or abuse can also qualify as special needs for the purposes of adoption since these factors can make placement more challenging to achieve.

What Medical Conditions Qualify as Special Needs?

There are a variety of special needs medical conditions a child may have that can sometimes make adoption placement more difficult. These conditions can be minor and last for a short period of time — or they can be long-term and impact the child for the rest of their life. Common conditions in children with special needs can include the following types of illnesses and disabilities:
  • Autism
  • Down syndrome
  • Intellectual disabilities
  • Learning disabilities
  • Neurological conditions
  • Cerebral palsy
  • Fetal alcohol syndrome
  • Congenital heart defects
  • Orthopedic conditions
  • Digestive system conditions
  • Visual impairment and blindness
  • Vascular conditions
  • Skin conditions
  • Blood conditions
  • Infectious diseases
  • Diabetes
  • Emotional trauma
If you are considering adopting a special needs child, you should learn as much as you can about the child’s medical condition. Try to obtain information beyond that which is typically addressed by an adoption agency, including the child’s birth weight, past and present health and developmental information, and family history. You should also thoroughly research the type of medical and/or therapeutic services that may be needed.

Who Can Adopt a Child with Special Needs in Oregon?

There are no special legal requirements for adopting a child with special needs in Oregon. Any adult who meets the qualifications for adoption and passes a criminal background check can adopt a child in Oregon, including a child with special needs. Potential adoptive parents can be single, married, in a domestic partnership, or divorced. They may also come from any income level, as long as they can financially support the child. While there is no age limit for adoptive parents in Oregon, they must be able to physically care for a child.

What to Consider When Adopting a Child with Special Needs

Self-assessment is critical when it comes to adopting a child with special needs. You should consider what disabilities your family might be prepared to handle and whether you are able to find a doctor who can provide the level of care the child requires. It’s also crucial to consider whether your insurance policy will cover treatment for all of the child’s physical and emotional needs. In addition, adoptive parents should think about whether they have the financial resources to care for a child with disabilities. There are several forms of assistance available to parents who are adopting a special needs child in Oregon. Although these subsidies do not reimburse a family for a child’s special needs, they can help to provide financial support to help meet the child’s medical needs — and to legalize the adoption. Adoptive parents may be eligible to receive medical only assistance, payment only assistance, cash and medical assistance, and a one-time non-recurring expense payment of up to $2,000 to help with the costs associated with finalizing the adoption. You should obtain as much information as possible about the child and their medical condition to have a thorough understanding of the care they will require. It can be helpful to talk with parents who have adopted children with similar needs to gain insight about their experiences. Disability groups can also connect you with training sessions and support. It’s important to spend time researching the medical, financial, educational, and legal aspects of adopting a child with special needs to ensure you are prepared for this decision.

Contact an Experienced Oregon Adoption Attorney

It's essential to be aware of the potential challenges you may face when it comes to adopting a child with special needs — and you should carefully consider if this type of adoption is right for you and your family. An adoption attorney can help you navigate the adoption process and provide you with the guidance you need. Based in Salem, Litowich Law provides families throughout Oregon with the representation they need regarding all aspects of adoption. We welcome you to contact us.
Categories: Adoption