Stepparent Adoption; Biological Father Uninvolved or Unknown in Virginia

When a parent of a child marries or remarries, there are lots of changes that happen to create a new family dynamic.  The stepparent may want to adopt his spouse's child as his own.  There are several different situations in which adoption becomes the best decision for this newly formed family.  There are, however, a few obstacles that could prevent this from being an uncomplicated process. 

I am often asked by people who are in long term relationships whether they can adopt the other partner's biological child.  At present, if they were to do that, it would terminate the parental rights of the biological parent, which is not the goal.  Under Virginia law, the couple has to marry in order for this adoption to add a parent, without subtracting the biological parent. 

Next, the child must be legally free for adoption.  What does this mean? Under Virginia law, as in other states, you have to consider the parental rights of the other biological parent.  

If the biological parent gives consent, then the process is straightforward.  The parent's consent document is filed with the Petition for Adoption along with a proposed Final Adoption Order in the Circuit Court.  In most cases, the Final Adoption Order is entered without a hearing fairly quickly.  Some courts will order an investigation by the County Department of Social Services, which will add two months to the process.

Four Categories of Birth Fathers 

The birth father who is listed on the child's birth certificate is an acknowledged father. If the father is not listed on the child's birth certificate, we must determine whether the biological father has ever been adjudicated as a father through a paternity test or child support order.  Alternatively, were the biological parents married but for some reason, the father was not listed on the birth certificate? 

Another category of birth fathers that have the right to notice of the adoption plan are those who have properly registered with the Virginia Putative Father Registry or the Putative Father Registry in the state where the child was conceived or born.  More information on the Virginia Putative Father Registry can be found at the Virginia Department of Social Services which maintains a data base of those who have properly registered to receive notice of any potential adoption plan:  http://www.dss.virginia.gov/family/ap/putative_fatherhood.cgi

If there is a birth father who qualifies under one of these four categories, then we either need to obtain his consent or the Court will hold a best interests hearing to determine if he is withholding his consent contrary to the best interests of the child.

Abandonment

However, in many situations, the birth father has not been in touch with the child for years.  In some instances, there is a child support order in place but there has been no visitation or contact with the child. Often, we do not even know where the birth father is living anymore.

Virginia has an abandonment statue where if the biological parent hasn't visited or contacted the child for the six months prior to filing the case, the Court may hold a hearing and determine that that parent's consent is no longer necessary.  There is a higher evidentiary standard at those hearings.  And, the missing biological parent must receive notice of the abandonment allegations so they can contest the allegation of abandonment.  In other words, perhaps they have a really good reason for dropping out of the child’s life such as the birth mother disappeared with the child and left no forwarding address, phone number or social media contact. But, absent that, the Court may order the adoption even if the biological parent objects if the Court finds by clear and convincing evidence that the biological parent has abandoned the child.   

Other Common Questions

"Can I just add my husband's name to the birth certificate".  The short answer is no, you can't just simply add a name to the certificate.  Your child has to be legally adopted by your husband.

What happens when the biological father doesn't agree to terminate his rights?  Then the Court has to hold a hearing to determine whether the adoption is in the best interest of the child or not.

Does the child have to consent?  The child has to consent to the adoption if he is 14 years old or older.

We work with many families in Virginia on stepparent adoptions.  It is always a joyful moment when we appear in front of the Court and the family that has been acting as a family for many years finally receives legal recognition of that.  The child will then receive a second birth certificate with the new parent added.  This does not eliminate the first birth certificate or the biological parent’s role in the child’s early life.  The child will always have two birth certificates.  However, legally, the stepparent will have all the rights and obligations of a parent after the stepparent adoption is completed.

Drafted by Karen S. Law, with assistance from 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, 2017.

Michael Steele Talks about His Adoption Story

Who doesn't need an inspiring adoption story during this time of year? We just listened to The Ax Files Podcast of Michael Steele talking about his adoption.

Michael Steele is an American politician who served as the first African-American chairperson of the Republican National Committee. If you read Steele's Biography, you will see many of his accomplishments.  Although he has a tremendous resume, it wasn't smooth sailing for him to get there.

Michael Steele's biological mother got pregnant with him back in the 50's while she was attending a Catholic University. She was on her way to "deal" with her pregnancy when she came across a nun that ended up changing her mind and instead, helped her to make an adoption plan.

On  another side of the adoption triad, we have Mr. Steele's adoptive mother.  She and her husband wanted to have childen, but they were told they were infertile.  Mrs. Steele said this is when she knew that there was something bigger and greater than herself. When she first saw Michael in his crib, he reached out for her and she knew that he belonged to her. She felt that by providing a home for a child who needed stability, her purpose in life was being fulfilled.

Just because Steele was adopted and grew up to have a successful career doesn't mean that he didn't face challenges.  His adoptive father reportedly had an alcohol problem and multiple girlfriends. However, Mr. Steele always tried to do his best for Michael. Due to his alcoholism, Mr. Steele's father passed away at the age of 36.

After his father died, it was just Mr. Steele and his mother for a few years before she re-married. This was a difficult time while Mrs. Steele raised him without government assistance. This was also the point when Mr. Steele first found out he was adopted. He said initially, he was heart-broken.  However, he quickly realized that his adoptive mother was truly his mother and that comforted him.  At the same time, he is grateful for the choice that his birth mother made to place him for adoption.

Adoption is a wonderful way that many people have built their families, children have found permanent homes, and expectant parents have been able to make choices that provide good lives to their children. It is our privilege to assist expectant parents, adoptive parents and children in their adoption journeys. We are thankful for that privilege and the opportunity to serve all parties in the adoption community.  Merry Christmas and Happy Holidays!

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

December 23, 2016, new fees will go into effect for USCIS form

"On December 23, 2016, new fees will go into effect for USCIS forms as a result of a final rule

 published in the Federal Register on October 24, 2016. This means that anyone filing an

 adoption application or petition on or after December 23, 2016, must pay the new fee amount,

 or the filing will be rejected.

 

Please go to our new 2016 Fee Changes to Adoption-Related Forms page for information on the

 new fees for adoption-related forms. On this page, you will find:

• A chart of all the new fees for adoption-related forms,
• Information on which adopted children may need to file a Form N-600/N-600K to 
• request a Certificate of Citizenship, and
• Clarification on whether the adopted child must pay the USCIS Immigrant Fee.

Fees will increase for the first time in six years.   USCIS is almost entirely funded by the fees

 paid by applicants and petitioners for immigration benefits and this recent increase is necessary

 to recover the full cost of services provided by USCIS.

 

Kind regards,

U.S. Citizenship and Immigration Services"

Good News for Thanksgiving--2017 Tax Credit

As the Holidays are fast approaching, we have some great news to share with you.  The IRS just released the 2017 Adoption Tax Credit amount and it's up from last year.  Creating a Family has a good overview:

Straight from the Creating A Family Website:

"2017 Adoption Tax Credit-Non Special Needs Adoptions

The amount allowed in 2017 for the Adoption Tax Credit for non special-needs adoptions, both domestic and international, is $13,570 for “qualified adoption expenses”. The definition of what IRS considers a qualified adoption expense has not changed, and families must be able to document these expenses, if requested by the IRS. This amount is up slightly from 2016 ($13,460).

The 2017 Adoption Tax Credit begins to phase out for taxpayers with modified adjusted gross income (MAGI) more than $203,540 and completely phased out for taxpayers with MAGI of $243,540 or more.

2017 Adoption Tax Credit-Special Needs Adoptions

Families who adopt a child with special needs from US foster care are eligible to claim the Federal Adoption Tax Credit in 2017 of $13,570 whether or not they actually incurred any adoption expenses. A child is considered to have “special needs” if they receive an adoption assistance/subsidy benefits from the state.

Children adopted internationally, even if they have diagnosed special needs, are not considered as a “special needs adoption” by the IRS and parents can only claim the credit for qualified adoption expenses."

We hope everyone one has a Happy Thanksgiving and encourage you to look out for our next blog post.

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

How to Locate a Reputable Domestic Adoption Agency

There are so many options that go into adopting a child; how can you know which direction is the best for you?  You want to start by making sure you do your research and you know what you are looking for or it can be overwhelming.

When you adopt domestically, you will always need to work with an adoption agency.  The adoption agency will conduct your home-study.  They must be licensed in your state and the home-study must comply with your state standards. Should you choose to adopt privately, often called a direct parental placement, you will locate the birth mother directly.  That connection is usually made through word of mouth. From there, both you and the expectant parent will have legal representation and the expectant parent will receive counseling. A direct parental placement is usually more open between the parties and less expensive.

The other option is for an adoption agency to locate the expectant parent.  This could be the agency which conducted your home-study or it could be a different agency, termed the placing agency.  The selection of a placing agency is where many people get into trouble.

It is critically important to select a reputable state licensed, COA accredited agency as your placing agency. Anyone can open up shop and make up a cute adoption friendly sounding name.  But, often it is difficult to distinguish between a state-licensed and COA accredited agency versus an agency that does not offer you all those protections.  This article published in the National Council for Adoption periodical by myself and my co-author Teresa M. McDonough, ACSW, will give you that critical information.  You can find the whole article at the link below.

From Adoption Advocate NO. 70:

"Today, many expectant parents considering adoption connect with prospective adoptive parents through out-of-state entities—or facilitators—that they find online. Too often, these entities are unlicensed and unregulated intermediaries; they act as matchmakers only, not full-service agencies. The expectant parents receive no face-to-face counseling, and may not be apprised of the laws in their state or the state where the prospective adoptive parents reside. When the child is born, there is often a scramble to locate an adoption attorney or licensed adoption agency representative who can then meet with the expectant parent(s) for the first time and begin the counseling and legal processes; these vital services must be outsourced, because the independent facilitator is not licensed in their state and is therefore legally unable to provide these services. There can also be confusion as to which state’s laws apply, because many states prohibit fees paid to unlicensed entities, meaning that adoptions arranged by facilitators cannot be finalized. Sometimes the placement does not go through, and both prospective adoptive parents and expectant parents can experience heartache and financial loss with no follow-up support services. Even when placements do succeed and are finalized, the lack of post-adoption support services can undermine the likelihood of adoptive family success as well as the birth parent’s long-term well-being.

A facilitator is typically a person or an organization whose only task is to make an introduction between expectant parents and adoptive parents in exchange for a large, nonrefundable fee paid in advance. In some states, these facilitators are regulated, but in most states, they are prohibited. Expectant parents considering adoption as well as prospective adoptive parents should exercise great caution, as it can be difficult to determine whether an entity is licensed as an adoption agency or acting solely as a facilitator.

Some facilitators use terms that imply they are offering legal services, when in fact they are acting only as facilitators. A facilitator might even be a “licensed agency” in the state where their office is located. However, if they work with expectant parents and adoptive parents nationwide, they can then claim to act as a facilitator in all other states. This language is deliberately misleading and confusing for people seeking to make an adoption plan or adopt children. In addition, most facilitators are for-profit entities."

Recommendations Given the Increasing Use of Facilitators from the Adoption Advocate NO. 70:

"Better enforcement of existing laws:

If a state such as California permits facilitators to operate, we would suggest strict enforcement of licensing and training requirements as well as advertising disclosure restrictions. If the state prohibits facilitators from operating, especially if this is accomplished through close monitoring of fees paid, more rigorous enforcement by the state Attorneys General and stricter oversight by ICPC offices would significantly limit the activities of facilitators in those states.

Advertising disclosure laws:

We recommend both state and federal laws mandating that print and Internet advertising by facilitators disclose both the state(s) where the entity is located and whether they are licensed to operate in the state where the advertising appears. This would give prospective adoptive parents and expectant parents more information to decide whether to work with a particular entity. It would also ensure that individual state standards are met.

Research and due diligence on the part of adoptive parents:

Prospective adoptive parents should check with state licensing to determine whether an agency or entity is a licensed child-placing agency. If it is an out-of-state entity, the adoptive parents should check with state licensing where the entity is located, and be certain that it has the ability to provide or arrange for all the services necessary for an ethical and successful adoption. Some adoptive parents will still choose to work with facilitators to expand their search for an expectant mother, but they must be aware of the risks and benefits involved.

Full compliance with the ICPC:

The Interstate Compact on the Placement of Children (ICPC) aims to safeguard children placed for adoption across state lines, with requirements for sending agencies and the receiving state’s ICPC office administrator. Children can only be placed across state lines after the receiving state has determined that it does not violate their best interests. Prospective parents adopting a child from another state must ensure that their agency is capable of meeting and fully complying with all ICPC requirements.

Expectant parents must know their rights:

Expectant parents should be aware that they will typically receive a higher level of service from an agency that has a physical presence in their state. Local agencies can provide in-person, ongoing options counseling from a social worker with knowledge of resources in the community, and can also ensure that the expectant parents’ emotional, legal, and medical needs are met before they are called upon to select adoptive parents or make an adoption plan. Expectant parents may also be more likely to receive the information agreed upon about the child after the placement if an agency is used, and will know who to turn to if they need post-placement counseling. If expectant parents choose to work with a facilitator instead, they should request a higher level of service and expect in-person counseling by a licensed child-placing agency working with the facilitator. They should have the opportunity to meet with an attorney in their state well in advance of their child’s birth and understand the laws in their state as well as the laws in the state where the adoptive parents reside. They should also have the opportunity to meet potential adoptive families before they select a family to parent their child.

Improved oversight of adoption fees:

State laws should require full disclosure of all fees paid by an adoptive family for an adoption placement. There should be full oversight of these fees mandated by the state Attorney General’s Office. State laws for limits on fees should also be enforced, and states with no limits should review their laws."

Read the full article about the Role of Facilitators in Adoption at the National Council for Adoption website

We hope that this blog has been informative, and you are now able to start your research for representation with a better idea of how to start and what to look for.

Drafted by Karen S. Law and  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

Changes in Nicaragua's Adoption Process

***This is taken directly from the Department of State Website, below the link is provided for you***

https://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices/nicaragua16-07-08.html

"Alert: Changes in Nicaragua's Adoption Process

The Department of State recently met with the Government of Nicaragua.  Officials from the Nicaraguan government reported that no irregularities were found following their investigation of allegations about Nicaragua’s intercountry adoption process. 

Nicaraguan officials also announced changes to Nicaragua’s intercountry adoption process. Under Nicaraguan law a child is not eligible for intercountry adoption until a Nicaraguan court issues an abandonment decree. Nicaragua has in the past matched foreign prospective adoptive parents with children who had not yet received an abandonment decree, and allowed such prospective adoptive parents to foster children while the abandonment decree was pending. From now on, Nicaragua will no longer allow foreign prospective adoptive parents to foster children before a abandonment decree has been issued.   

Prospective adoptive families should continue to work with their adoption service providers and local attorneys, and continue to monitorwww.travel.state.gov for updated information on adoption in Nicaragua."

Adopting an older child Part 2

One of our clients, "Mark”, graciously took the time to talk to us and tell us about his and his wife's journey of fostering and adopting older children.  Over the span of 30 years, this inspiring couple has adopted five older children.  I asked, "How did you get involved with becoming foster parents"? As newlyweds, Mark and his wife became aware of foster care children that attended their church. They came to know these children individually.  They saw that so many children are waiting in the foster care system to be adopted, so they decided that that was how they were going to grow their family.

Mark expressed that it's hard when children have had several transitions throughout their childhood.  Going from home to home and family to family is traumatizing.  Ultimately, when fostering a child, you want to limit their transitions.  People may think it's more difficult to parent an older child, but the reality is that parenting, in general, is hard.  You have to be willing to learn, to not hold rigid expectations and to overall be open to helping your child adjust to his unique challenges.  Every child comes with a back story of how he got into foster care. He's been hurt, he is dealing with emotions, and he might not trust adults because of his past.

However, at the end of the day, assisting a child with these challenges can be very rewarding. Mark talked about how exciting it was to see the change in emotions and to watch the child grow and overcome his personal battles.  As he overcomes his struggles, he starts to thrive.  His individual skills and talents start to come out and the rest of the world gets to see how special he is.  He might have had a rough start but he now has healthy thriving relationships. Our client believes that, "Every child deserves to be cherished and to have a family that loves them".

Is this type of parenting something you would consider?  You can begin to explore foster care parenting through your local Department of Family Services.  Additionally, many private agencies have "waiting child" programs, where children who are in the foster care system are matched with pre-screened families.  You might attend an information session to learn more from either the local Department of Family Services or the private adoption agency.  Some of my biggest heroes in the adoption community are the foster care parents that I have assisted.  There are people like Mark and his family who love children and are willing to invest in their lives.

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