The National Council for Adoption recently reported that "the number of children adopted from foster care in FY 2022 was 53,665. This was only a 1% decrease from the year prior, but over an 18% decrease from FY 2019, marking FY 2022 as having the fewest number of adoptions from foster care since FY 2015."

Who should have preference to adopt a foster child if the parental rights of the biological parents have been severed? A number of states have clearly articulated what happens in this situation.

• Alabama: AL Code Section 38-12A-2 (2023) (18). "[Foster parents have] the right to first consideration as the resource for a child in a foster parent's home who becomes free for adoption or another planned permanent living arrangement."
• Kentucky: Ky. Rev. Stat. Section 620.360 (p). "[Foster parents] have priority consideration for adoption if a foster child who has been placed in the foster home for a period of at least 12 consecutive months becomes eligible for adoption consistent with KRS 605.130 and 620.130 and to the extent it is in the best interest of the child."
• Louisiana: LA Rev Stat Section 46:286.13 (9). "[Foster parents have] the right for first consideration as a placement option for a child previously placed in their home and for a child placed in their home who becomes available for adoption, if relative placement is not available."

In some states, custody of a minor child is referred to as conservatorship. In other states, custody of a minor child is referred to as guardianship.