Adoption Law

The adoption process is a very emotional one, and it is always wise to take a step back from time to time to evaluate the situation and make sure that everything is in order...

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January 14, 2011

The Adoption Option If You Can’t Have Children

One of the most hurtful points for a family comes when a couple cannot have children. If you cannot have children, that does not mean you cannot have a large family. You can adopt one or more children to add some love to your family. While it will be different than raising your own child, it can be a wonderful experience for parents. If you are unsure of how to adopt, this blog guide goes over your adoption options.

How to Adopt
You can get started by consulting with some adoption agencies in your area, inquire about independent adoption, and perhaps look into an international adoption. You can do all these things by hiring an experienced adoption lawyers. There are many tricks to learn, and this is not an overnight process. You will have to be patient: you might wait as long as one year to adopt, if not longer. You have to go through proper channels and to look into any options. Some agencies, for example, are not as good as others and make you experience long delays.

Agency Adoption
Agency adoptions come in two forms, private and independent. Private agency adoptions are more expensive, while public agency adoptions can be more reasonable. Some prefer private agencies because you can adopt internationally, get more adoption help, and be more picky. Public agencies take children from foster care, but offer less guidance through the adoption process.

Independent Adoption Option
Independent adoption is when you adopt directly from the birth mother, forgoing an agency. Independent adoption is not allowed in all states unless you work with an agency. But if your state allows it, independent adoption has many advantages. You typically save a lot of time and money. You need not hire an agency to find you a child, though you definitely need a lawyer to make it work. You have much less time to wait. You cannot formally adopt the child until he or she is born, but once that happens most states allow the papers to go through. Be careful with some birth mothers, and be very selective. Some mothers are dishonest, perhaps promising the same child to multiple families for more money. Some simply try to fleece you for more and more money. Have a lawyer, come to an agreement, and be careful.

How to Hire an Adoption Lawyer
If you cannot have children, really the first step is to consult with an experienced adoption lawyer. It’s his or her job to help you navigate all the legal waters. Some adoption agencies will be unprofessional. Some independent adoptions will not work. You may go through unexpected delays. Your right to raise this child may be questioned. You may even face a situation where the birth parents try to take the child back. It’s your lawyers job to handle problems like this.

The Adoption Option If You Can’t Have Children

by Jacob Malewitz

One of the most hurtful points for a family comes when a couple cannot have children. If you cannot have children, that does not mean you cannot have a large family. You can adopt one or more children to add some love to your family. While it will be different than raising your own child, it can be a wonderful experience for parents. If you are unsure of how to adopt, this blog guide goes over your adoption options.

How to Adopt

You can get started by consulting with some adoption agencies in your area, inquire about independent adoption, and perhaps look into an international adoption. You can do all these things by hiring an experienced adoption lawyers. There are many tricks to learn, and this is not an overnight process. You will have to be patient: you might wait as long as one year to adopt, if not longer. You have to go through proper channels and to look into any options. Some agencies, for example, are not as good as others and make you experience long delays.

Agency Adoption

Agency adoptions come in two forms, private and independent. Private agency adoptions are more expensive, while public agency adoptions can be more reasonable. Some prefer private agencies because you can adopt internationally, get more adoption help, and be more picky. Public agencies take children from foster care, but offer less guidance through the adoption process.

Independent Adoption Option

Independent adoption is when you adopt directly from the birth mother, forgoing an agency. Independent adoption is not allowed in all states unless you work with an agency. But if your state allows it, independent adoption has many advantages. You typically save a lot of time and money. You need not hire an agency to find you a child, though you definitely need a lawyer to make it work. You have much less time to wait. You cannot formally adopt the child until he or she is born, but once that happens most states allow the papers to go through. Be careful with some birth mothers, and be very selective. Some mothers are dishonest, perhaps promising the same child to multiple families for more money. Some simply try to fleece you for more and more money. Have a lawyer, come to an agreement, and be careful.

How to Hire an Adoption Lawyer

If you cannot have children, really the first step is to consult with an experienced adoption lawyer. It’s his or her job to help you navigate all the legal waters. Some adoption agencies will be unprofessional. Some independent adoptions will not work. You may go through unexpected delays. Your right to raise this child may be questioned. You may even face a situation where the birth parents try to take the child back. It’s your lawyers job to handle problems like this.

November 30, 2010

When Should You Use International Adoption?

When you adopt, you may wonder what to do to get started. Well, the first goal should be to understand when each type of adoption can be helpful. International adoption can get a bad name. You will get an older child, an unhealthy child, a child who is of a different race. You might on the other hand save time, save money, get a healthy child, and even if you get one from a different race that may not be a big deal to you. This guide goes over the times when an international adoption should be used.

When You Want to Speed the Process Up

Obviously you can only speed the process up so much, but some adoption agencies make you spend years on waiting lists. You might save some time by taking advantage of international adoption. There are far more children available, as many birth parents worldwide simply cannot raise a child. You have more options. You can get children from a variety of cultures. The only downsides would be of regulations, health, and age of the child. You will have to follow your state regulations, federal laws, and the foreign country’s laws. You may have a hard time finding out about any potential conditions the child may inherent. And finally, the child will not be an infant; typically they are older if you adopt internationally.

You Want to Save Money

International adoption not only saves you time; it can also save you some money so you can focus on raising the child. You will have to go through an agency, but since there are more children, you can often spend less.

You Are Open to Older Children

If you are open to having an older child, which isn’t really a downside, you may want to consider international adoption. Again, you have more options, but they will not be infants. Some parents understandably want to be there for their child from day 1, but this simply does not always work out.

A Child From a Different Race is Not a Problem
Some parents may struggle with bringing up a child from another country. It’s common for children to not understand why they do not look like their adoptive parents, for example. The child may go through some early issues with this.

No Luck with Normal Means

If you are sick of waiting on adoptions which simply are not happening locally, international adoption is a good option. You might have much more luck by adopting from another country. You typically only wait 12-18 months, you spend less, and though there is more paperwork, once you are given a child he or she cannot be taken away.

November 24, 2010

If You Can’t Have Children, Consider Adoption

What if you and your spouse are incapable of having children? You have the option of adoption. Will it be expensive and time consuming? Adopting a child is not easy, and for good reason: not everyone is capable of parenting. If you are unsure, this is part of the process of learning. How can you get the process started? This blog guide gives you some action steps.

How do you adopt?

We might add another question: should you adopt locally or from another country? Well, this depends on your situation, your finances, and your personal preferences. There are some advantages and disadvantages to adopting internationally. On the plus side, you can typically save a lot of time and money. For instance, all international adoptions are final: birth parents, unlike here in the U.S., cannot just decide to take the child back. On the down side, you will not get an infant, you may run into problems finding out about the health of the child prior to adopting, and you may get a child from another culture. Some of these downsides are not necessarily negative, but it depends on what you want.

To get started adopting, whether locally or internationally, you should consult with an adoption lawyer and also start querying adoption agencies. This can help you get the process started.

Public or Private Agency?

Before we get into independent adoption, it’s important to understand that public and private adoption agencies are different. First, public agencies typically get children from foster care, where parental rights have likely been given up. Private agencies typically have infants, and you can adopt from foreign countries via this method, but you tend to pay more and spend more time. If you are more picky, you may prefer a private agency. If you want to lower costs and spend less time, there is nothing wrong with using a public agency. In some states, you must work with an agency, while others allow you to adopt via independent adoption.

Independent Adoption
Independent adoption occurs when you find birth parents, or a birth mother, willing to give up a child to you. In some states, independent adoption without an adoption agency is illegal. However, if your state allows it, this process can be very rewarding. You typically spend much less time waiting, you can save on fees, and you can likely get an infant. On the other hand, some independent adoptions can be tricky, especially when the birth parents want compensation. It’s important to work with an experienced adoption attorney in this case.

Should you use a lawyer?
Yes, you should almost always use an adoption lawyer. This is one of the best choices you can make. It’s his or her job to ensure you stay within all laws. You might get a lawyer who can refer you to parents willing to give up their child. Your lawyer may find an agency with a short waiting list. If you run into legal problems, your adoption lawyer can protect your rights.

If you are incapable of having children, you have many options for bringing a new child into your family. Thousands do so every year successfully.

November 15, 2010

International Adoption Pros and Cons

International adoption has many advantages, and these advantages involve time, money, and legal protections. There are some disadvantages too, such as the fact you will usually get an older child, you will have to fill out more paperwork, and you have to travel to another country. Let’s look closer at these so you can make an informed decision.

Pros of International Adoption

Time, money, and legal protections are important. You can typically get a child in 1 year to 18 months when adopting internationally. This can be much faster than trying to adopt in your state, as some adoption agencies have long lists of adoptive parents ahead of you. If money is an issue, look at it this way: there is a lot of demand in the U.S. for young children, but there is less so in other countries, especially poorer countries. International adoption is rarely as expensive as using a private adoption agency in your state. You still have to pay some fees, but in the long run you save money. Finally, what is meant by “protection”? The birth parents cannot just decide to take the child back, a problem in the U.S. Once the child is given up for adoption, once you get the little boy or girl, the adoption is final and the birth parents cannot take the child back. This may seem minor until you hear stories of birth parents taking back an adopted child.

Cons of International Adoption
You typically have to fill out more paperwork. After all, just as immigrants cannot just show up in the U.S. and expect free passage, the same is true of children. But this is rarely a problem. Another con might be that you have to travel to another country. This may not seem bad at all, especially if you like traveling, so it could almost be a pro. Perhaps biggest of all is the fact you may get a child who has already had some key developmental experiences. You rarely if ever get an infant; you will be getting an older child, depending on the situation. This child may have been in an orphanage for some time, which can make it more difficult to parent him or her. Finally, you will not have many options for looking at the health background of the parents. Though you can get a medical report on the child, you may not know the whole story of his or her family, such as if certain illnesses are common.

Where do you begin?

To get started with your international adoption, it’s time to consider legal representation. An adoption attorney can be invaluable in international adoption. He or she can help fill out necessary paperwork for the child, can ensure your rights are protected, and can help you handle common problems.

October 29, 2010

Common Questions On Adoption

What is an independent adoption?
Independent adoption is where you find a birth mother wanting to give her child up. There is no agency involved, though a lawyer is almost always necessary. All states have strict independent adoption laws. While adoption can be much faster and much more reasonably priced, sometimes agency adoption is better.

Why use agency adoption?

Independent adoption has many advantages over agency adoption, namely in terms of time and money. However, not all agencies charge high fees and take a long time. An agency will give you much more resources than an independent adoption might. You might get parental counseling, for example. You have two options for an agency adoption: public agency, which is easier but children are older and out of foster care, or a private agency, where you can be more selective and adopt an infant. Public agencies are faster and cheaper, but you may have less options and the children are often older.

How can you use international adoption?
If you adopt internationally, also called intercountry adoption, you may run into some legal red tape. You have to satisfy the U.S. federal government, your state government, and the child’s birth country laws. So if you live in Texas, and try to adopt from France, you would have to follow Texas adoption laws, federal adoption laws, and French adoption laws. This can lead to some problems. You still have to work through an agency, but common sense should be applied: there is a lot of demand, but there are dozens of countries you can adopt from, often cutting down on time. You should never try intercountry adoption without legal counsel.

How much will it cost?
This depends on your choices. Independent adoption is often the most reasonably priced. Agency adoptions, especially via public agencies, are not always expensive. You can expect to pay from thousands to tens of thousands. Paying over $30,000 for a private agency adoption is not uncommon, nor is spending much less with an independent adoption.

How long will it take?

Adoption is, understandably, not a race. The child’s rights and protection are crucial. You can rarely adopt within a years time no matter what type of adoption you try. Typically, 1-2 years is the average. You can cut down on this time considerably with the help of a lawyer.

Do you always need a lawyer?

There is always the option to forgo a lawyer, but much like criminal law cases, you won’t know how the legal process works. If you hire an experienced adoption lawyer, he or she can explain your best options, get you a child right for your family, save you money on fees, and ensure you follow all laws.

October 22, 2010

5 Action Steps to Avoid Adoption Problems

In a recent New York Times Op-Ed (an April 2010 post), a nightmare scenario for a Russian adopted child shocked the world. A seven year-old boy was returned, alone, by the woman who adopted him on a plane back to Russia. She said, in short, that the child was too much for her and her family, and considered him to be dangerous. Such an event caused uproar across the world, and also, according to the report, stopped any adoptions of Russian children to the U.S. for the time being.

Such an event does more than hurt the adopting family; what it really does is affect the young boy or girl who is rejected and almost thrown away. Such an event should have never occurred. Also, it may be worth exploring yourself. Are you ready for adoption? What if you get a child you simply cannot handle? This blog guide gives action steps for avoiding problems before, during, and after a successful adoption.

Make a Budget

Why make a budget to adopt a child? Money is a concern for many of us. It’s important to plan for both adoption fees and raising the child after. Adoption can cost upwards of $30,000 if you go through an agency. While independent adoption is more reasonable, it will still cost you some money. Therefore, before you invest everything into a child, consider a budget where you will not have problems simply putting food on the table.

Know Your Options

You have options beyond agency adoption. Though agency adoption is the most common, and the easiest process in many cases for both you and child, it can also be quite expensive. As noted, if you go through an agency, you might pay well over $30,000. Sometimes you pay much less. You might also consider adopting from a public agency, or use independent adoption. Public agencies take children from foster care and bring them into your home; you can save time and the price is often better. Independent adoption, where you find a birth mother wanting to give her child up, can be much easier on your bank account and much faster. Remember, in each form of adoption, there are strengths and weaknesses. Beyond your budget, you may plan for how to handle delays. The average adoption takes from 12 to 18 months, but sometimes you have to wait longer.

Plan for Problems
If this is your first adoption, and perhaps your first child, you should have a plan for any problems. You might adopt an older child. How will you acclimate him to his new surroundings? You may find a birth mother willing to let you adopt her child, but she asks for some compensation. In this situation, negotiating with an adoption attorney is crucial. There are numerous more problems. What if you feel you cannot raise this child at some point? What if the child struggles with his or her new environment? What if you break up with your spouse? These are all important questions to ask.

Have a Support System
Post adoption support systems, as noted in the New York Times op-ed, are important. You should have some support system beyond your immediate family. This can be beyond parenting professionals; you may have some friends with more experience in raising a child. But if you adopt, no matter if this is your first child or not, you should have a  post adoption support system in place.

Understand International Adoption

To avoid the nightmare this Russian child went through, be careful when using international adoption. Since you can rarely get infants via international adoption, be prepared for an older child. This does not always mean the child will very old, but he or she can have months or years of life experience already. If you adopt internationally, do your homework, work with a good agency, and consult with an adoption attorney.

October 18, 2010

Benefits of International Adoption

Adopting itself can be both exciting and troubling. Parenting is never easy, but if your goal is to have a new addition to your family, it can be immensely rewarding. If you want to adopt, for any reason, you may worry about how long it takes, what it will cost, and on what child you can get. International adoption is one of your options, and clearly it has some benefits. Let’s go over details on some of the key benefits of international adoption, and then look at the negatives.

More Available Children
There are many, many children available for adoption from across the world. This gives you a multitude of options. You can be more picky when selecting a child. You may, for example, prefer a younger child, or prefer a girl, or prefer one from a certain culture. You have options worldwide because, as in the U.S., many birth parents simply do not have the means to take care of their child. You are also, in your own way, helping society itself out. Raising a child properly is important for all of us.

Time Table
You rarely wait much longer than a year for an international adoption. You still work with an adoption agency, and you still will be on a list, but consider that dozens of countries have tens of thousands of children up for adoption every year. Waiting years for a child born in the U.S. is not uncommon, while waiting 18 months or less for a foreign child is quite common. Many worry about being put on adoption waiting lists and not knowing the time table. You almost always know how soon you will get a child.

Guaranteed a Child
All international adoptions are for children who have already been given away. The birth mother cannot change her mind; she has given up the child as an orphan. Therefore, you will never be promised a child and then have the birth mother take him or her back.

Save On Fees, Know the Price

Since there are more children available for adoption worldwide than in the U.S., you can often work with an agency for a lower fee. Also, you will know the total price for the adoption beforehand. If you feel the price is too high, you may try a different agency. While international adoptions vary in terms of fees, you rarely pay huge amounts.

Downsides
There are some downsides to international adoption too. As part of the process, you rarely get an infant. All children available for international adoption are a year of age or younger, but you cannot get an infant like you might in the U.S. Also, the paperwork involved in an international adoption can be daunting; you should always consult with a lawyer. With the help of a good agency and an experienced adoption lawyer, you can save time on paperwork, get a healthy child, and raise him or her as best you can.

October 13, 2010

Before Adoption – What You Need to Know

Can you adopt?
There are some complex rules you need to consider before adopting a child. If you adopt within the U.S., you must follow both state and federal laws. So if you are adopting in Indiana, you’d have to follow both Indiana adoption laws and federal laws. If you adopt internationally, that too is different: you have to follow the foreign country’s adoption laws, the state you are adopting in laws, and federal laws. To get started, you should decide if you’ll be eligible and what for. The general guideline is that you are a “fit parent” who can raise a child. Some states have rules which, though they may seem unfair, are the law. If you go through an agency, for example, you may face some daunting requirements.

Why use an agency?
Before you start this process, consider your options. You can do more than adopt through an agency, though that is the most common way to do so. Agency adoption gives you the option of using a public agency or a private agency. Public agencies usually deal with orphaned children and those from foster care. A private agency are given children usually by birth parents wanting to give them up.

There are some advantages in using an agency. You have many options for who to work with, if you have specific needs they can be met, and you can get help with paperwork. On the other hand, agency adoptions can be expensive and time consuming.

If You Want to Speed the Process Up
You need not go through an agency; you can use independent adoption to directly adopt the child from the birth parents. This can speed up the process greatly. You may be denied for agency adoption, cannot afford it, or are put on a long waiting list. If you go directly to the birth parents, with some professional help you can legally adopt the child directly. You have more paperwork, making an experienced lawyer quite valuable.

Preparing for Parenthood
You may be scared about taking on a child, even if you’ve had children in your family before. Agencies offer counseling for prospective parents to better prepare them for raising a child. You can find counseling via other means if you do an independent adoption. If you have no experience in raising a child, you have to be aware this will likely hurt your sleeping patterns and strain your emotions. There are many counseling programs available for prospective parents.

Hiring an Experienced Adoption Lawyer
If you decide to use independent adoption, you almost always need an experienced adoption lawyer. He or she is invaluable in ensuring you follow all state and federal laws (and a foreign country’s laws too if you adopt internationally). If you go through an agency, you may have more help getting paperwork correctly filled out, but you still need representation to ensure you are being treated fairly and are following all laws. If you are unsure of where to begin with an adoption, consider consulting with some lawyers, then choosing one you can afford and who has relevant experience.

October 8, 2010

6 Laws On International Adoption You Need to Know

Intercountry adoption can be complicated because of changing federal, state, and foreign country laws, making the adoption process more difficult. The good news is you can adopt directly in less time than you might with an agency. There are more laws involved. You have to follow federals laws, states laws, and the laws of the child’s country. With the help of an adoption attorney experienced in intercountry adoption, you can save time, money, and worries. The benefits of adoption are many, but without an understanding of the laws, you may be delayed needlessly, be charged too much, and have difficulty in getting the right child for your family.

Filing Fees and Where to File

The USCIS (United States Citizenship and Immigration Services) charges a filing fee of $670 for intercountry adoption. You must also pay for fingerprinting fees: each person in your family 18 years of age or older must be fingerprinted, and that costs $80 per person.

Where do you file? You want to file with the local USCIS office in your state. For more information, go here.

Validity Laws
The USCIS, according to its site, “evaluates your suitability and eligibility to be adoptive parents.” If you are eligible, you will receive a letter in the mail. Different forms make you eligible for adoption for certain periods, from 15 to 18 months with the opportunity for first a free extension and then paid extensions. Once your finger prints are in, and you apply successfully, you can begin the adoption process.

Fingerprinting
Why do you have to go through fingerprinting? “USCIS requires prospective adoptive parents to be fingerprinted for the purpose of conducting FBI criminal background checks.” This means you’ll have to be fingerprinted at an authorized site. If you have a criminal record, or someone in your family does, it will likely show up. You should be upfront about these things and plan with your adoption lawyer.

Are You Eligible?
As stated earlier, you must follow federals laws, laws of the child’s country, and the laws of your state. If you plan on adopting a Japanese child, and you live in Texas, you would have to follow federal, Japanese, and Texas adoption laws. Countries have different criteria for allowing parents to adopt. This can be complex because of having to follow all three sets of laws. Sometimes you may not be able to adopt as a single parent, for example, because of a certain country’s laws. While you can be disabled and adopt in the U.S., according to the USCIS other countries can be different.

What is the Hague Adoption Convention?

According to legal reference NOLO.com, “As of April 1, 2008, the Hague Adoption Convention governs intercountry adoptions between the United States and other Convention member countries.” That means all intercountry adoptions must follow Hague laws.

Bringing the Child Here

Finally, you should be aware of how you can get the child into the U.S. There are immigration laws to consider, namely obtaining an immigrant visa. Once the child gets a visa, he or she can then be granted citizenship once he or she arrives in the country, barring legal mistakes.

September 27, 2010

Advantages and Disadvantages of Agency Adoption

There are two kinds of adoption agencies, public and private, and while both are state regulated, there are some differences. A public adoption agency is run by the state, where children come under state supervision for various reasons. On the other hand, a private agency, while state regulated, typically has children brought to them and put up for adoption. That means a public agency may get more children who come out of legal situations such as abuse, while a private agency may get more children brought in by parents. Each of these have advantages and disadvantages. This guide will help you make decisions on whether to adopt through an agency or others means.

Your Other Options
You can also use international adoption, independent adoption, and other forms. Why use these? They can be much faster than an agency adoption. For example, with an independent adoption you can find a birth mother wanting to give up her child, negotiate with her with help from a lawyer, and get the child much faster. But you may have more legal hurdles to negotiate than with an agency adoption.

Advantages of Agency Adoption

While you may save time by looking across the world or going directly to a birth mother, the legal process can be much more complicated. While agency adoptions typically cost more, the agency can handle all the complex paperwork for you.

Agencies have the most experience in finding children for parents. Your situation may be unique, such as wanting a child from your ethnic group, or simply wanting an infant and not an older child. If you have more guidelines, agencies can find a match.

Adoption agencies make the process easy for the birth parents, adopting parents, and the adopted children. They can ensure all documents are correctly filed, that your rights are protected, and that the birth parents know what this adoption means. If there are some state laws to be addressed, an adoption agency can make clear you are following all laws. If your family, the birth parents, or the child need some kind of counseling, an agency can provide it.

Disadvantages of Agency Adoption

Going through an agency can mean years on a waiting list. Where in an independent adoption you may wait a year if you find the right birth parents, agency adoption waiting lists can be quite long. That is not to say independent adoption is always faster, but one of the key concerns for parents is the long wait.

Also, the adopting parents will be looked into. If you have a criminal history, for example, an agency will likely know about it. They can be very strict in who they give children to. You may not be eligible in the first place.

Another problem is one of money. An agency adoption can cost tens of thousands of dollars. It can be one of the most expensive ways to adopt a child. Adoption agencies are not always that expensive, but they can be.

Who can help?
Instead of stopping at an adoption agency, you may consider consulting with an adoption lawyer. State laws and agency policies can be quite strict. An experienced lawyer can go over the situation with you: how long it might take, how much you can afford, and your own desires for the child. You can save some legal problems by hiring a lawyer, even if you go through an agency, because he or she can protect your rights.

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