Tuesday, September 24, 2013

Exciting new legislation to promote intercountry adoption, CHIFF, S.1530

I wanted to let you know about Children in Families First, S. 1530. This legislation, CHIFF, removes government barriers to intercountry adoption--bringing orphans quicker into caring families. We often read stories about failed intercountry adoptions. The truth is that the great majority of intercountry adoptive families are hardworking, loving people who treat their adopted child as they would a biological child--showering him with love, support, a sense of belonging, medical and educational assistance. And every day that a child spends in an orphange causes irreparable harm to his development. So, let's expedite this process--Every child deserves a forever family--contact your Congressman or Senator to support CHIFF http://childreninfamiliesfirst.org/#! and like us on Facebook: https://www.facebook.com/childreninfamiliesfirst

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, 2013

Friday, June 14, 2013

Ethiopia Adoption Information

Ethiopia Implements Pre-Adoption Immigration Review (PAIR) Requirement

Effective Sept. 1, 2013, the government of Ethiopia will require all adoption cases filed by United States prospective adoptive parents to undergo the U.S. PAIR process. Ethiopia’s Ministry of Women, Children and Youth Affairs (MOWCYA) will require a PAIR letter issued by USCIS in order to make a best interest determination. Prospective adoptive parents must include the PAIR letter in the adoption dossier they submit to the Ethiopian Federal First Instance Court (FFIC) to initiate the adoption. The FFIC will then forward the dossier, including the PAIR letter, to MOWCYA to review. The new PAIR letter requirement will not affect adoption cases filed with Ethiopian courts before Sept. 1, 2013.

Guidance for Prospective Adoptive Parents

To help prospective parents to comply with Ethiopia’s new requirement, USCIS issued a policy memorandum, effective immediately, which allows prospective adoptive parents to begin the PAIR process and file a Form-I-600, Petition to Classify Orphan as an Immediate Relative. This process allows USCIS to assess the child’s likely eligibility for U.S. immigration benefits and make a preliminary determination before Ethiopian courts finalize the adoption decree.

After USCIS issues a preliminary determination of the child’s immigration eligibility (PAIR letter), prospective adoptive parents, through their Adoptive Service Providers, must include the PAIR letter when filing a case with the FFIC.

To begin the PAIR process , petitioners adopting children from Ethiopia should file the Form !-600 petition and supporting documents through the appropriate lockbox before filing an adopting case with the Ethiopian courts. Please see Filing Instructions for Form !-600 for a specific locations. USCIS overseas offices and the U.S. Embassy in Addis Ababa, Ethiopia, will continue to accept Form I-600 petitions. Petitions filed overseas will be forwarded to the USCIS National Benefits Center for PAIR review.

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.

Monday, June 10, 2013

Instant Mom, Nia Vardalos

In today’s society, we tend to put movie stars up on a pedestal. As quickly as they go up, they easily fall down again due to bad publicity or the next new person who comes into the spotlight. We can name what movies they have starred in or what television show they originally came from. We even know what magazine cover they were last featured in; but have we ever stopped to think about the fact that even though they are constantly under the pressure and judgmental eye of the public, they go through the same struggles we face?

If you are not familiar, Nia Vardalos was the writer and star of My Big Fat Greek Wedding. She has also been in many other television shows and movies. Ms. Vardalos recently shared her struggles with infertility in her memoir, Instant Mom. I devoured this book on a plane ride after meeting Ms. Vardalos at our annual American Academy of Adoption Attorneys meeting this year. My seatmate gave me questioning looks as I was laughing throughout the long flight. It is not only an easy read but it is written from the heart with honesty and compassion. She talks about the difficulties she and her husband faced while waiting to have a child and how she was led to adopt a child from the foster care system. She also shares the challenging moments of raising her daughter and the moments that make it all worth the wait and struggles.

I think you will enjoy this memoir. Although it is written for couples facing infertility, it has a broader audience. As Rachael Dratch said, “it’s for anyone whose Big Life Plan doesn’t follow the path they thought it would, and shows us that unexpected obstacles can lead to beautiful rewards”.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
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Wednesday, February 20, 2013

How to Prepare for Adopting an Older Child

"Adoption is forever." That's an often repeated phrase that seems simple. Yet, many children that are in the adoption process don’t quite understand; especially the older children that may have been hoping for a forever family for some time. Preparation is the key to a successful transition for the child and the new family, whether the child is being adopted domestically or internationally. I read an excellent article recently which discusses this in detail: "Preparing Older Children for Adoption", by Rhonda Jarema, MA, in the National Council for Adoption Newsletter, Adoption Advocate, No. 54, 2012.

From the child's perspective, they have lived in the orphanage or in foster care for their entire life. They are being asked to leave everything familiar behind. The process of bonding during the initial visit with the new family is somewhat artificial and leaves the child with unnecessary anxiety. Thoughts like, "What if this family doesn’t like me, or doesn’t pick me, or what if we get home and then they send me back." The family doesn't get to know the child and how they naturally act during the preparatory visits.

During the preadoptive phase, it is strongly advised to include the child in the adoption discussions. They need to know and understand all of their possible options. The child needs to be given the option of adoption along with the other possible permanency plans even if the child technically doesn't have to consent to the adoption. After a child has chosen to be adopted, you have to allow time for them to process this change. They have grown up in an orphanage or in foster care so they might not understand that they are not permanently leaving this place they know as home to be a part of the home you are bringing this child into. Ms. Jarema has some great ideas such as skype visits between the child and the adoptive parents prior to placement and letting the child keep a transitional object, taking photos of their environment to put together a memory book later.

Once the child arrives home, she suggests serving familiar foods and connecting the child with other adopted children and cultural events. As for the family, the greatest mistake I have seen made when the child comes home is to expect the child to immediately fit into their culture and routines. Also, you can’t expect a child to have an immediate grateful and uplifting response to being adopted. They just left behind everyone and everything they have ever known. You are not the only one going through a change, they are as well, and you need to be sympathetic and understanding as to how they might be feeling. Think about all the relationships in your life; what’s one of the number one things you need in order to keep that relationship strong? Trust, it works the same way when it comes to adopting a child, they need to know that they can trust you. A lot of kids, especially older ones, may have been moved from place to place throughout their life; even though you know that once they are with you they are going to stay with you, you need to find a way to express that and gain their trust so that they will believe you and you can begin a forever relationship with your newly adopted child. Having open communication will greatly help the process is gaining a child’s trust.

Ms. Jarema advocates that families have patience and take things slow. There is often a honeymoon period which everyone is trying to be on their best behaviour. After several months, the child and family let down their guard and negative interactions can escalate. The parents need to remember that too many changes at once can be extremely overwhelming and can lead to anxiety for the child. Don’t rush this new life style on them, it’s a big change right at once and you are living a different way than what they are used to.

She also suggests that parents solicit the child's opinion regarding whether to change their name. Most likely, they will be more than willing to change their name to be a part of the family but there are some children that have a strong view point and will want to keep the name that they have known their whole life. I find that most children are in favor of a name change but want to keep at least part of their former name as a way to connect the two parts of their history.

In my practice, I have also seen how important a support structure is. The families that are part of adoption play groups, church or synagogue communities and strong extended family networks are better able to handle the challenges of integrating the child into their family. At times, counseling is helpful and necessary. Overall, parenting an adopted older child, like parenting any child, requires wisdom, love, patience and a long-term view.

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

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Wednesday, January 23, 2013

Child Left Behind in Russia due to Adoption Ban

Jen and her husband, from Maryland, were in Russia on Christmas Eve awaiting their Court date when news of the adoption ban hit. While they were in court, the judge decided to postpone their court date to early February. Jen and her husband left Russia Christmas morning with no child next to them but hopes still high that their son would be with them soon. This was their second trip to Russia. They had already met their son and bonded with him.

Jen found out about the ban from the internet, not her adoption service provider or the U.S. government. A lot of the information she has been closely following since she came home has been contradictory or confusing. The Department of State has been reaching out to families more recently to provide some clarity, but the fate of Jen's son is still unknown.

For the past 5 years the couple had been setting aside money to start a family of their very own. It wasn’t until January of 2011 that the couple went to a reputable, accredited agency with a Russian program. They picked Russia because every qualified prospective adoptive family is on the same level to be matched with a child. They also liked the fact that the child that they would be matched with would have been residing in an orphanage with parental rights already terminated. In a domestic adoption, there was more of a possibility that the birth parents would change their minds in the middle of the process.

Jen’s case is complicated. Had the judge not postponed the court day, she would have been one of the 46 plus families that had received their court decrees and were in a 30 day waiting period. Yesterday, the Russian Supreme Court issued a letter to the regional courts stating that these families should be able to obtain their final paperwork and exit the country with their children despite the adoption ban. However, families like Jen's who have not yet gone to Court are in a more precarious situation. When you are just so close this is devastating news. We asked her how she was taking it, if her hopes were high or if she felt that all was lost. She said, “It depends on the day you ask me”. That's a fair enough answer for someone who has been waiting to start her own family, has met her son, has spent more than $40,000, and is at the very end of the process.

This is such a sad situation and we honestly hope for the best outcome for Jen, her son and every other child currently left behind in Russia due to the adoption ban.

Over the years, Russia and the U.S. have developed a partnership to place orphaned children into forever families. This partnership recently produced an adoption treaty which provided additional protections to Russian adoptees, a treaty that is now meaningless in view of the Russian adoption ban. It is a travesty to deny children permanency when U.S. families like Jen's are willing and able to provide loving and caring homes.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
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Thursday, January 3, 2013

Kathy's Story

I meet so many families who inspire me with their commitment to provide a forever home for a child in need. I decided to interview one family a month and share their personal story here with you. I’d like to start by sharing Kathy’s story to give you a picture of how one child’s future can be radically changed through inter-country adoption.

At the time, Kathy was 50years old and was limited in her options, especially since she was single and wanted to adopt an infant. When her particular adoption story began, Guatemala was offering adoptions for someone specifically that had her qualifications; she also believed it would be exciting and fun to adopt a child that came from a different cultural background than herself. As most people do when deciding to make a major change in their life, she did a lot of research, and happened to stumble upon an adoption seminar. She decided that was her sign to act upon what had just been a thought and that she couldn’t possibly wait any longer. She made the drive to Richmond, Virginia where she right then and there filled out an application and paid the fee that went along with it.

Now of course in order to adopt a little baby and to hold that baby in your arms is not that easy, there was still a process for her to go through. She talked to a number of representatives about her choices and it was then that she realized that the process in order to make her dream come true of having a baby of her very own had the potential to be extremely overwhelming. She decided that instead of being overwhelmed by the process, she was going to embrace it and always go with her gut instinct so there was no wavering or any doubts about the choices she was going to make.

Now what made her decide on Guatemala you may ask? Well, her decision was based on proximity, cost, and her personal requirements and needs. The wait is the worst part of the process, but she gives a word of advice, “Don’t drag your feet, and keep your costs down by staying on top of what needs to be done. It’s already a long process waiting for a child, you don’t need to drag it out any longer by not getting your part done”. A friend of hers encouraged her not to worry that there would be a clear sign as to what baby would be hers. She did indeed have a clear sign, “My little girl already held the name I had planned so long ago to give her, it was just one letter off and her date of birth was on a close relative’s birthday! What more of a sign could you possibly ask for”?

After the long process of waiting for her sweet little girl, she was finally home and in her arms. “She is such a sweet little girl and a bundle of joy! People often tell me how lucky she is to have me as a mom; I respond back I’m so lucky”! She keeps me young; she has offered me the fountain of youth. I’m staying extremely active; I’m now a mother of an 8 year old- I have to be able to keep up! "I'm in the driver's seat of life,and it's my responsibility to show her all life can offer"!

Knowing the life this child could have had if she had not been adopted is incredible. She was born 4lbs and some ounces--her future with limited medical interventions in Guatemala was dismal. The complications she had as a newborn most certainly do not hold her back from all the world has to offer now. Some may say the child is the lucky one , others may say the new mother, but either way you look at it, they are a blessing to each other and have had a great impact on changing each others' lives for the better.

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

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Friday, December 14, 2012

Adoption Law: Start to Finish

for more information go to www.nbi-sems.com

***Keep your eye out for more updates,events and to find out how the seminar went _ also look for a new blog with heart warming stories from families that have adopted***

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