National Adoption Month

Happy National Adoption Month!

In case you didn’t know, November is National Adoption Awareness Month! The first major effort to raise awareness of adoption was in 1976 in Massachusetts. It started as just as a week but then, in 1990, it became a month long celebration.

               

During this month, the nation, states, and communities celebrate this positive way to build families.  There are many events planned throughout the month such as judicial ceremonies, dinner recognitions and banquets.  The Loudoun Chapter of the Virginia Women Attorneys Association and the Loudoun County Department of Family Services sponsors National Adoption Day here in Loudoun where families who are formed through adoption are recognized each year.  I am proud to co-chair this recognition ceremony. It is such a joyous and remarkable celebration seeing how these families have been formed. Many times, the children has been through a long and difficult journey of abandonment, abuse or neglect.  The foster parents have worked with social workers and counselors to bring healing and wholeness.  Then, as the legal process is complete and the foster parents adopt the child during the National Adoption Day ceremony, it brings tears to the eyes of the professionals in the courtroom to see the formation of a forever family after years of struggle.  

Other adoptive families at Loudoun Adoption Day have different stories.  The adoption could be that of a stepparent who has acted as the real parent for many years.  It is a joyous moment to see the big smile on the child's face as that reality is recognized by the law and the child receives the same last name as the rest of the family.

Even if you haven't adopted, you can celebrate National Adoption Month in November.  It doesn't have to be elaborate-- it could be something simple such as renting a DVD that portrays adoption in a positive light. Some suggestions from Adoptive Families Magazine are: Meet the Robinsons, The Tigger Movie, Despicable Me, Moonrise Kingdom or, as the holidays are approaching, Elf.

Adoption is such a a wonderful way to build a family and we all know people who have adopted or been adopted. It should be honored, acknowledged, and celebrated. Every adoption has its own special and unique story. 

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

This blog and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2014.

"Re-Homing" of adopted children is Child Abandonment

There has been lots of attention on this topic from Reuters article. The article highlights several disturbing situations where desperate adoptive parents who have had serious problems with their newly adopted children have placed the children without legal safeguards with predators.  The new families were not properly screened, no legal procedures were followed, and the children were unknowingly placed into dangerous situations. Although the article seems to imply that this practice is widespread based on unproven statistics, it does raise serious concerns which should be addressed. 

I am a member of the American Academy of Adoption Attorneys (AAAA). AAAA has formed a working group to address this issue.

It is critical to use the correct terminology to describe the break-up of a family and the transfer of a child to a second family. The current popular term of "re-homing" is a misnomer. It has recently been used by the media to describe the transfer of adopted children from the guardianship of their parents without the approval of the courts or public child welfare agencies, and with a negative connotation. However, "re-homing" could include the successful transfer of a child to a second family if all proper safeguards, procedures, or approvals have been obtained. The accurate term to describe this situation where a child, either adopted or biological, is placed at risk by his or her parents, and as defined by state welfare agencies throughout the country, is "child abandonment" which is fully addressed under existing laws in every state.


For consistency and accuracy when dealing with these issues, "re-homing" should not be used, and the following terminology should be employed:
Adoption Disruption - this occurs when an intervening event prevents an adoption from being finalized.
Adoption Dissolution - this occurs when events cause an adoption after it is finalized to dissolve.
Child Abandonment - this occurs as defined under existing state law, and which may include placing a child at risk by transferring the child to another family without employing the proper safeguards, or going through the appropriate legal process.

A Senate hearing to investigate child abandonment was held on July 8, 2014.  AAAA has prepared draft testimony in connection with this hearing.  Here is a summary of our proposed remarks:

(Draft) Testimony of the American Academy of Adoption Attorneys (AAAA)

.........A recent survey of AAAA Fellows revealed that the frequency of post-adoption dissolution – cases in which parents conclude they are unable to successfully raise an adopted child – is extremely low when compared to the total number of adoptions. Nevertheless, making sure that the child or children in such cases are protected and are placed with secondary families in a secure and permanent home is essential. Involvement by AAAA Fellows has gone a long way to help achieve this goal.

The term “re-homing,” more commonly used by pet owners seeking new homes for their animals, has recently been used to describe the transfer of adopted children from the guardianship of their parents without the approval of the courts or public child welfare agencies, and with a negative connotation. A more accurate term to describe these situations where a child, either adopted or biological, is placed at risk by his or her parents, is “child abandonment.”

Recent media attention on post-adoption child abandonment has prompted AAAA to establish a committee of experts to consider the issue as well as  what potential legislative opportunities might exist to address it. While no state or federal law specifically prohibits parents from seeking to place their child or children with a new family, the AAAA committee of experts on the topic has found that if it is not done appropriately and with proper safeguards, these actions can be equated to child abandonment, which is fully addressed under existing laws in every state.

The correct lens by which to judge any proposed policy or legislation which attempts to curtail child abandonment, whether of a biological child or of an adopted child, must always be the best interests of the child. While certain concrete steps can be taken to address this issue, AAAA cautions against new and broad federal regulation. Such measures have the potential to stifle legitimate independent, non-agency adoption, thereby making adoption unaffordable for many loving families, and to eliminate many appropriate placements of children by state agencies from foster care through the internet and other public domains.........

We must protect adopted children but we have to be careful not to overregulate. Overregulation might lead to a decline in placing children into appropriate homes.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

This blog and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2014.

2014 updated tax credit to make adoption affordable

Making Adoption Affordable

Federal Tax Credit

There is help available.  The federal Adoption Tax Credit provides up to $13,190 for qualifying expenses paid to adopt an eligible child in 2014.  The credit is indexed for inflation and will increase annually.  Eligible expenses include adoption fees, court costs, attorney fees, traveling expenses (including amounts spent for meals and lodging) and other expenses directly related to your adoption.  There is an income limit for this credit.  See www.irs.gov, for the forms and additional information.                      

Corporate Matching Gifts

Further, many large employers offer adoption assistance.  See htttp://benefits.adoption.com/ for a list of employers.  Those payments may qualify for exclusion from your income for tax purposes in addition to the federal tax credit.  You may exclude up to $13,190 from your income in 2014.  So, for example, if your employer offers adoption assistance payments of $5,000 and your total adoption related expenses were $18,190, you could claim $13,190 as a tax credit AND exclude $5,000 from your income.  However, if your total expenses were $13,190, you could not take the credit and the exclusion-the same expenses cannot be counted twice.  The income limits for the tax credit also apply to the exclusion.













Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer
This web site and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this web-site are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2013.