Also known as:Uniform Adoption Act · UAA 1994 · UAA · Uniform Adoption Act of 1994
Written by attorneys · grounded in primary & secondary sources — see below
A uniform statute that supplies jurisdictional rules for adoption petitions in states that have adopted its provisions. Most states fill the gap left by the UCCJEA exclusion of adoption by incorporating the UAA's residency requirements or similar standards.
Sources & Authorities
How it applies
Common Examples
2
Workplace Ties Fail Residency Test
Umar Usmani directs operations at a nonprofit headquartered in County C but has lived for a decade in County D. He files an adoption petition in County C court for a teenager met through the nonprofit's programs. The court dismisses for lack of jurisdiction because Umar maintains no personal residence in the filing county.
Nonresident Files in Business County
Umeko Uchida maintains business operations in County C but resides in County D. She files an adoption petition in County C court. The court dismisses for lack of jurisdiction because Umeko maintains no personal residence in the filing county under UAA-based rules.
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Common Law
Casebooks
Common questions
Frequently Asked
4
Why do states turn to the Uniform Adoption Act for jurisdiction?+
Adoption is purely statutory and was never recognized at common law. The UCCJEA excludes adoption proceedings, creating a jurisdictional void that most states fill by adopting the UAA's residency provisions or adding adoption to UCCJEA coverage.
Supporting sources
What residency rule does the UAA impose for filing an adoption petition?+
Most states require the petitioner to be a resident of the county where the petition is filed. Courts examine physical presence combined with intent to remain rather than mere employment or commercial ties.
Supporting sources
Does an open dependency case in another state automatically defeat jurisdiction under UAA-based rules?+
No. The UCCJEA exclusion leaves coordination to case-by-case analysis under state statutes modeled on the UAA, so prior proceedings may influence but do not automatically divest the forum of authority.
Supporting sources
Can a petitioner satisfy the UAA residency requirement through business assets alone?+
No. Courts applying the UAA's jurisdictional provisions require personal residence rather than storage of equipment or transient commercial activity in the filing county.
Supporting sources
441 U.S. 380 (1979)Family Law
…is acting as the guardian of the child, e. g. , In re Erhardt , 27 App. Div. 2d 836, 277 N. Y. S. 2d 734 (1967). Moreover, the Uniform Adoption Act, after which the New York statute appears to be patterned, has a similar section that its drafters intended to benefit "a father having custody of his illegitimate minor child." Uniform…