Monday, July 20, 2015

Private Placement Adoption FAQs


Private Placement Adoption FAQs


Are there many children who need adoptive homes?
In 2010, there were 52,981 children adopted from foster care and in FY 2014, 6,441from overseas. Domestic infant adoption statistics were not available.  However, we know that direct parental placement adoption is popular with birth parents.
How long does it take to adopt?
According to a 2012-2013 reader survey by Adoptive Families magazine, 66% of families who adopted in the U.S. received a referral less than one year after they completed their paperwork.
What are the benefits of private adoption?
A large benefit is that you are usually present for the birth of the child and begin to bond with the child in the hospital.  The baby is discharged directly to you instead of to interim caregivers as in an agency placement.  A simultaneous meeting in which you meet the birth mother and exchange information on the child is required for private adoption.  The information obtained in this face –to–face meeting can be very important as your child grows older.  This meeting may occur in an agency placement without exchange of identifying information.  Another benefit for adoptive parents who are “make it happen” type of people is that they locate the birth mother for themselves to achieve an adoptive placement rather than sitting on an agency waiting list.  Sometimes the adoptive families and birth parents stay in touch, which again can be very important to the child as they enter adolescence.  Finally, private adoption generally costs less than adopting through an agency.
Can I adopt if I'm over 40?
Yes, there are no age limits in a private adoption. Check with your adoption attorney to see if private adoption is available in your state.  It is available in Virginia.
Isn't it really expensive to adopt?
1.      It's true that adoption should be free, however, protecting your family's interests means that you have to hire professionals to help you comply with your state's adoption laws.
2.      There is help available. The federal Adoption Tax Credit provides up to $13,400 for qualifying expenses paid to adopt an eligible child in 2015. 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.
3.      There is an income limit for this credit.  See www.irs.gov for the forms and additional information.
4.      Further, many large employers offer adoption assistance. Those payments may qualify for exclusion from your income for tax purposes in addition to the tax credit. You may exclude up to $13,400 from your income in 2015. So, for example, if your employer offers adoption assistance payments of $5,000 and your total adoption related expenses were $18,400, you could claim $13,400 as a tax credit AND exclude $5,000 from your income. However, if your total expenses were $13,400, 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.
I've heard horror stories of birth parents "reclaiming" their children after several years-does that happen very often?
It's very rare. Adoption is governed by state law and if you and the birth parents work with licensed adoption professionals, your risk is small.
In Virginia, there is a "fall-through" rate of 1 to 2% after the child is born, and that usually happens in the first three days after birth. The "revocation period" or time which the birth parent has to "change their mind" after consenting to the adoption, varies by state as well. For a private adoption in Virginia, the birth parent's consent is irrevocable seven days after signing. If a birth parent places through an agency, consent is revocable once all three of the following have occurred: seven days have passed since the signing of the entrustment agreement, the child is ten days old, and the child is placed in the physical custody of adoptive parents. An adoption cannot be challenged for any reason 6 months after a Final Order of Adoption is granted by a Circuit Court in the Commonwealth.
What are the next steps if I want to pursue a Private Adoption?

First, have a home study by a reputable licensed agency in your state.  Then, create an adoption profile book.  You agency will provide guidance on the how to do this and also see our blog post http://lawadoption.blogspot.com/2013_04_01_archive.html.  Distribute your profile to adoption attorneys in you state and any other state where you have connections.  For a list of adoption attorneys go to www.adoptionattorneys.org.  Let people in your circles know you are interested in who can assist you because word of mouth is the most successful way to locate a birth mother.  Some adoptive parents also post their profiles on http://parentprofiles.org/profiles/listings.





Drafted by Bernadette Miller, 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 blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2015.

Wednesday, July 1, 2015

Adopting from India-Update

With the growth in families of Indian origin living in Loudoun County, Virginia, where I practice, I wanted to take the time to provide current information on what it takes to adopt a child from India. My assistant Brittany Alness and I had the pleasure of talking with Jane Lee and Sue Orban from the Children’s Home Society of Minnesota- CHSMa Hague accredited adoption agency.  Jane is the senior program manager for Bulgaria, India and Korea and Sue is the outreach and intake coordinator.  

We learned that there are 3 different program types: India Heritage Program, Traditional India Program, and Relative Adoption Program

India Heritage Program: This is for families that have one prospective parent that is a non-resident Indian (NRI) and has a valid Indian passport or is an overseas citizen (OCI) of India.
- Although the Central Adoption Resource Authority (CARA) of India has been inconsistent in practice, it does promote that favor be given to NRI families when being matched by individual orphanages (RIPAs).  CARA wants families of Indian origin to adopt, but OCI cases are given less preference than NRI cases.

Traditional India Program: Families who are open to children with mild-to-moderate medical or cognitive diagnoses, including correctable needs and/or families open to children over the age of 4. This program is open to non-Indian families. 

Relative Adoption: Family must have an attorney in India as well as an attorney in the States.

We asked Jane and Sue to describe the procedures for an Indian adoption. India is a party to the Hague Adoption Convention, as is the U.S., and as a result, the U.S. and Indian adoption processes must happen in a specific order.  The U.S. Department of State adoption web-site contains a helpful summary of the processes.

How Long will it take:  Jane and Sue commented that one of the biggest frustrations is the difference in timelines between the different Indian states. Each state in India has a different government system and the time will vary by state.  Even within the same state, the Indian timeline is not always predictable and the family has to be flexible. 

Travel Requirements:  The Court Process is usually done by power of attorney and the family will not need to be present for court.  However, all families have to travel at least once to India for about 10 days.  During the trip, the family has three goals:  obtain physical custody of the child, schedule the medical appointment, and obtain the visa at the U.S. Embassy. 

The state of Andra Pradesh requires two visits—once to appear in court and once to obtain the visa for the child.

Citizenship of the Child:  If the family adopts under the Juvenile Justice Act, the child will obtain an IH-3 visa and become a citizen upon arriving home.  However, in the state of Kerala, the adoption is completed under a different law, Hindu Adoptions and Maintenance Act (HAMA), and in that case, the child will receive an IH-4 visa.  The child will become a lawful permanent resident upon arrival in the U.S. and the family will need to re-adopt or finalize the adoption of the child. 
Limitations to adopting from India:

Age and Marital Restrictions:
If the collective age of the couple is 90 or under, then they can be matched with child 0-3 years of age.
If the collective age of the couple is 91 -105, then they must be matched with a child over the age of 3.
Single women can adopt:  If you are 47 or younger, you can be matched with a child 0-3 years of age. If you are over 48-50, you will be matched with a child 3 years or older. However, if you are single and over the age of 50, you may not be permitted to adopt.

Expected Costs:
General  Agency fees (vary by state)--fee for home-study and post-placement visits
Country fee: $10,500—Divided into two payments:  one portion due at the time of referral acceptance and the second portion due at the time of the issuance of the No Objection Certificate
Third party fees:  I-800, medical exam, country travel

Children’s Home Society of Minnesota- CHSM can perform the home-study and post-placement visits in  MD, VA, Minnesota and Western Wisconsin. If the family does not reside in MD, VA, Minnesota and Western Wisconsin, then they need to have a home study done by licensed agency in their state.

Consider adopting from India:  I have worked with single women and married couples who have adopted from India and they are thrilled to become parents through intercountry adoption.  However, they have all stated that adopting from India requires flexibility and perseverance.  It is especially important to select a Hague accredited agency with a lot of experience in India and
  Children’s Home Society of Minnesota- CHSM  is one such agency.


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 blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2015.