Adoption Loans and Grants/2016 Adoption Tax Credit

Want to adopt but finances are low? There are loans and grants that you can apply for in order to help with the costs.  It's not going to be easy and the money won't all come from one place.  Also, you need to realize that all of your costs will not be fully covered, but it will help.  Don't get discouraged if one option does not work for you; keep trying until you find one that does. 

Some things to look into:

Your home bank: Consider starting here, they will have a better chance at refinancing your current mortgage or helping you take out a home equity loan. 

Research outside lenders:America's Christian Credit Union is one of the best.

Zero-interest lenders: It might be hard to believe but there are a few lenders out there that provide loans with no interests.  One of the most popular is Pathways for Little Feet.  

Consider a combination of a grant and loan: An example would be A Child Waits; they can provide grants as well as low to no interest loans.

Other Foundations: HelpUSAdopt, Lifesong for Orphans, Gift ofAdoption and Show Hope.

Coaches at your adoption finance coach: Your adoption finance coach works closely with families to help them figure out what’s best for them.  Make sure you talk to them and set out a plan.

Adoption Tax Credit:  The most important source of financial assistance is the federal adoption tax credit which pays you back for the money you have spent for your adoption.  The IRS web-site has a lot of helpful information as to which year you claim the credit.  www.irs.gov

The adoption tax credit is adjusted each year based upon the cost of living allowance.  The maximum credit for 2016 is $13,460.  The adoption tax credit is fully available in the amount of $13,460 if your modified adjusted gross income is equal or less than $201,920.  If your modified adjusted gross income is more than $201,920 but less than $241,920, you will receive a reduced tax credit. No tax credit is available for those earning more than $241,920.00.

Parents who adopted a child who has been determined to have "special needs" by the state or county child welfare agency can claim the maximum credit regardless of whether they have spent any money to adopt the child.

Step-parent adoptions do not qualify for the tax credit.

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, 2016

Numbers of Children in Foster Care Increase

Adoption and Foster Care Analysis and Reporting System (AFCARS) recently released their data from FY2014.  There data shows that there was an increase of children coming into the system and a decrease of children leaving, making the population in the system grow.  From last year, the overall increase was 3425 more children waiting for permanency.

We can't say why the number is increasing--it's too early to have any definite answers. Rafael Lopez, Commissioner of the Department's Administration on Children, Youth and Families said, "We are concerned about any increases in the foster care number, and we are working hard with our state partners to better understand the reasons behind the increase".

Some possible explanations are:

Shift in focus from family preservation to child safety: There used to be a focus on reunification and now the system is focusing on the safety of the child.  Social workers are asking more questions and noticing more and more red flags which would mean that a safe environment could not be created for the child.

Drug Addiction: Although alcohol and drug addiction numbers have stabilized over the years, substance abuse is still one of the main reasons that children enter and remain in the foster care system.

High Turnover in Foster Care Workers: Although there is no substantial evidence to prove this is a reason for the increased number in foster care children, youth worker turnover could be adding to it.  With new inexperienced workers joining family services' staff, there will be transition issues which may mean longer time periods in foster care. 

Lack of Services to Help Birth Families: "In some states funding for services to prevent removal of children from their biological families has declined in recent years. For example, in Florida in-home services to prevent removal have declined since a peak in 2012.

Christina Spudeas, executive director of the advocacy group Florida’s Children First, says: “The key to successfully leaving children in the home after an allegation of abuse or neglect is to have the right services provided to the family at the right time, with sufficient oversight.”

To read the entire article from the Creating a Family website click this link

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, 2015.

Adopting Siblings

The Creating a Family website gives some excellent tips on what to expect when you are adopting siblings. Part of social worker's job is trying to keep siblings together if possible, and this priority of placement is statutory.  However, the child's best interest are paramount. Not all sibling placements are successful and sometimes, it is best for the emotional health of one child for the siblings to be separated. We have worked with sibling groups who have been adopted by one family successfully.  We have also worked with sibling groups who have each been adopted by different families and the adoptive families have done a great job of helping their child grow and change while maintaining the sibling bond with regular visits and communication.

There are unique challenges and blessings of adopting siblings.  For the child, it is comforting to have a family member transition with them into the new placement who already knows them and their history well.  The child is also not the only "new" member of the family.  One of the challenges is that the unhealthy sibling patterns in the former family can be carried over into the new placement. Each child reminds the other of past abuse or neglect and flashbacks can occur. As in many placements of older siblings, professional therapy can make the difference.

The tips you are about to read were taken directly from the Creating a Family website.  If you wish to read the entire article with all the tips they have to share with you we have provided a link.

Tips for Adopting Siblings

1. Forming attachment with each child in the sibling unit takes effort and individual time with each child.
2. Lower your expectations on what you will be able to accomplish outside of parenting, for the first 6-12 months post adoption. This is not the time to take on a major home renovation, an extra project at work that requires frequent travel, or a new hobby.
3. Be up front with your social worker before the adoption about what type of behaviors you cannot handle. Do not be afraid to say you cannot or do not want to handle some behaviors.
4. Try to plan a fun family activity each week that you and the children will enjoy. There is nothing like having fun together to build the bonds of family love. These activities will also help to blend the children already in the home with the newly adopted siblings. This activity does not have to be expensive and should be something that you genuinely look forward to. See Best Parenting Advice Ever (and it’s not what you think).
5. If you have children already in the family, be very careful with supervision and limit time alone without parental supervision. You will not know all types of abuse that the children may have been exposed to. 
6. Recognize that the children will likely grieve what they have lost before they are able to celebrate what they have gained. You may feel that the child is better off with you in your safe and comfortable home, but your child likely will not believe that at first. Spend time before they arrive understanding this grief and recognizing the different ways it may be exhibited. Your social worker should be able to provide training on grief and loss and you will need ongoing support.

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, 2015.

Finding an expectant parent for a possible adoption

I'm often asked how adoptive parents and birth parents connect with each other.  If they are not matched though a licensed agency, how do they meet and determine that they would like to proceed with a direct parental placement or independent adoption?

I have found the number one way that adoptive parents and birth parents connect is through word of mouth.  A common example is that the adoptive parents had let it be known that they were interested in adopting and someone in their circle of friends or acquaintances learned of a birth mother who was exploring adoption.

Other tips include sending out your profile to adoption attorneys who connect directly with birth parents.  If you do that, you could find the list of reputable adoption attorneys at www.adoptionattorneys.org.  Narrow down your mailing to attorneys in the state where you live or where you have other ties.  If the adoption occurs across state lines, you will be staying in the state where the child is born until the birth parent(s) have executed their consents and permission has been obtained for the adoption to occur across state lines through the ICPC clearance process.  This might be where your relatives reside or a state you lived in previously where you still have a lot of connections.  

It is good to send hard copies of your profile book which does not contain your identifying information (See our earlier blog post from 2013 on Creating an Adoption Profile) Along with the book, you should provide a cover letter which has your best contact information, the name of your attorney and their contact information.  If you would like to be notified before your profile book is shown, you would also make that request in the letter.  

Some additional tips can be found in this excellent article from Creating a Family:

Although the article uses the word “advertising” because that is how people search for this information, there is something inherently dehumanizing about using this word in relation to a woman in crisis. As you follow the tips, keep in mind that this is a human being we are talking about, and a person that may well be in your life for life. Proceed with respect and compassion.

·         Notify your personal network of family and friends that you are interested in adopting and would appreciate them keeping you in mind if they hear of an opportunity to discuss adoption with an expectant parent. Ask them to spread the word to their circle of friends. We recommend sending a letter via old fashion mail.  Letters are infrequent enough now to stand out as something important. You may want to follow up with an email to make it easier to include a link to your adoption website. See below.

·        Think through in advance about the need to strike the balance between your need for privacy and your need to spread the word.  In order to cast your net wide, you will need to share your adoption journey.

·        Do not send out a mass mailing to people you do not know asking them about a potential match. It will likely just end up in the trash.

·        You must talk with your adoption agency or adoption attorney about what type of adoption advertising your state allows. If you need help finding an adoption agency, check out the resources at the Creating a Family Choosing an Adoption Agency page.  If you need help finding an adoption attorney, check out the American Academy of AdoptionAttorneys: 

·        Set up a website for your adoption journey.  Keep it simple. Include photos and your adoption profile.  Although certainly not necessary, you may want to include a blog, but you will want to be circumspect about how much of your impatience and frustration you want to share.  Do not spend a lot of money on setting up this website. It need not be fancy.  You likely will not get many hits, so this should not be where you spend the bulk of your money.

·        Make up some inexpensive business style cards with your name, a photo, your situation (for example: “Longing to be parents through open adoption”), your website URL, and your contact information. Hand them out if you strike up a conversation with someone and this topic is mentioned and they seem interested.

·        Use the internet and online social networks to spread the word that you are looking to adopt.  Most people now use the internet as their primary way of gathering information. Endless possibilities including Facebook, Myspace, Twitter, YouTube, and parent profile type sites. See the  Top Ten Tips for Using the Internet to Find Prospective Birth Mothers and our Do’s and Don’ts for Social Networking for Adoption.

·        Print advertising is not dead. Post ads in rural shopping guides, Penny Pinchers, daily newspapers in college towns, give-away newspapers, etc. Get suggestions from your adoption agency or adoption attorney about what states you should focus on when advertising outside of your state.

·        Place notices on bulletin boards where expectant moms may be. Keep in mind that many women consider adoption due to financial difficulties, so focus on places where poorer women may be, such as Laundromats, grocery stores, libraries, beauty parlors, and trailer parks. Always ask permission before posting.

What about using a facilitator?  A facilitator is a non-licensed agency or individual that you pay a fee to for birth parent advertising.  Payments to facilitators (non-licensed agencies) are illegal in many states and you may find yourself unable to finalize an adoption if you employ a facilitator.  There are also higher rates of fall throughs for placements made through facilitators.  This is because the birth parents have not received adequate in person counseling and are not truly prepared to make an adoption plan.  For a longer discussion of this topic, see the NCFA article I co-authored, The Role of Facilitators in Adoptions, Adoption Advocate, Issue 70. https://www.adoptioncouncil.org/resources/adoption-advocate/2?

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

Client Testimonials

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.

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- CHSM, a 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.