Sec. 07.05.03.09. Criteria for Consideration as an Adoptive Parent

A. The agency may not deny an individual's application to be an adoptive parent because:

(1) An individual:

(a) Is divorced;

(b) Is separated from a spouse;

(c) Is not married;

(d) Has other children in the family;

(e) Does not own a home; or

(f) Is unable to pay a reasonable fee for adoption services; or

(2) Of the applicant's or adoptive child's race, color, culture, national origin, sexual orientation, or ethnic heritage.

B. The agency shall deny an application if the agency determines that an individual's:

(1) Child support account is in substantial arrearage which may affect the applicant's ability to provide for an adopted child;

(2) Economic situation is insufficient to provide adequately for a child;

(3) Physical or mental health precludes the ability to parent a child;

(4) Age is younger than 18 years;

(5) Criminal background or record of child abuse or neglect precludes the possibility of being an adoptive parent;

(6) Adoption application or home study is active with another child placement agency;

(7) Previous home study by a child placement agency reveals the individual was denied for valid reasons;

(8) Status is that of:

(a) Member of the agency's governing board; or

(b) Adoption service employee of the agency;

(9) Living space is inadequate for an additional family member; or

(10) Application information is known by the applicant to be false.