Birth Mother Services Overview

COVID-19 and Adoption

     The COVID-19 pandemic has changed many aspects of the adoption process for both intercountry and domestic adoptions. This has been a challenging situation for prospective adoptive parents and adoption agencies to navigate. Many parents have had their plans of adopting a child put on hold this year because of the delays in the process. Prospective adoptive parents, social workers, adoption agencies, and adoption attorneys have all had to adapt to the situation in different ways. At this point in time, it is evident that the pandemic has already had significant effects on the adoption process. However, the long term affects that COVID-19 will have on adoption are less certain.

    This situation is especially complicated for parents who were planning on completing adoptions abroad. International flights are restricted, and some countries have temporarily closed their borders to non-citizens. Due to the travel restrictions, some parents have not yet been able to meet their adopted child or complete the Court process overseas. Embassies which issue the visa after the adoption process are closed except for emergency type services. The Department of State has worked to prioritize the processing of adoption visas with many Embassies. However, the Embassies in some countries are still at a standstill in processing adoption visas.

    As a result, those children are having to stay in foster homes or orphanages for much longer than planned, with no certain end date (Dodge, 2020). Unfortunately, there is currently no data available to determine how these children and their caregivers are faring during the pandemic (Fronek & Rotabi, 2020). The negative effects of institutionalization have been well documented. According to one study, children reared in institutions were more likely to develop psychiatric disorders such as attention-deficit/hyperactivity disorder, anxiety, and depression compared to other children (McLaughlin et al., 2010). We have learned that children’s brains are irreversibly damaged the longer that they remain in institutional care. Attachment is very important for healthy child development, and institutionalized children often have problems forming attachments. The absence of a primary attachment figure early in life is likely what leads to the harmful mental health effects in institutionalized children (McLaughlin et al., 2012). One expected consequence will be that the adopted children will have greater needs for services upon their arrival in their homes to reverse this long-term damage.

    On the domestic side, certain aspects of the adoption process have had to change in order to adapt during the pandemic. Adoption agencies have had to become more flexible during the pandemic and find alternative ways of meeting with birth parents doing things in order to keep everyone safe. Home study and post-placement visits may occur over video call rather than in person due to COVID-19. Video calling is not ideal because the evaluation may not be as comprehensive as in person visit, but in some cases, it is the only available option.

    Birth mothers and prospective adoptive parents have also had to change the way they connect because they are unable to meet each other in person. Instead, they have had to meet and build their relationship via video calls, phone calls, and texting (Chertoff, 2020). Hospitals have new policies due to COVID-19, and many adoptive parents have not been able to be present for the birth of their adopted child; instead they may be on video call with the birth mother while she is at the hospital (Chertoff, 2020). Communicating only through video calls and phones may not be the ideal option during the adoption process, but we are fortunate to have this technology available as an alternative option.

    On the foster care side of adoptions, one would expect to find more families in crisis and a corresponding rise in children entering the foster care system due to abandonment, abuse or neglect. However, many times those children return to the homes of their birth families or are placed with other relatives. We would not expect to see those cases end in adoption for generally about two years. The other factor is the decline in reporting of abandonment, abuse and neglect because children are not physically attending schools in many locales. Child welfare agencies are responsible for protecting children from maltreatment, but they have little oversight and some of their methods are now ineffective due to the pandemic (Welch & Haskins, 2020).

    We do not yet have statistics on whether COVID-19 has negatively or positively changed the number of domestic adoptions. We can expect the number of intercountry adoptions to drop significantly during the next fiscal year. But, more important than numbers, we are greatly concerned for the welfare of children in need of permanent loving families who will now experience delays due to the pandemic.

Sources:

Chertoff, J. (2020, June 11). How COVID-19 Has Impacted the Adoption Community. Retrieved from https://www.parents.com/parenting/adoption/how-covid-19-has-impacted-the-adoption-community/

Dodge, D. (2020, April 01). How Coronavirus Is Affecting Surrogacy, Foster Care and Adoption. Retrieved from https://www.nytimes.com/2020/04/01/parenting/coronavirus-adoption-surrogacy-foster-care.html

Fronek, P., & Rotabi, K. S. (2020). The impact of the COVID-19 pandemic on intercountry adoption and international commercial surrogacy. International Social Work, 63(5), 665-670. Retrieved from https://journals.sagepub.com/doi/full/10.1177/0020872820940008

McLaughlin, K. A., Fox, N. A., Zeanah, C. H., Sheridan, M. A., Marshall, P. J., & Nelson, C. A. (2010). Delayed maturation in brain electrical activity partially explains the association between early environmental deprivation and symptoms of attention-deficit/hyperactivity disorder. Biological Psychiatry, 68(4), 329-336.

McLaughlin, K.A., Zeanah. C.H., Fox, N.A., & Nelson, C.A. (2012). Attachment security as a mechanism linking foster care placement to improved mental health outcomes in previously institutionalized children. Journal of Child Psychology & Psychiatry, 53(1), 46-55.

Welch, M., & Haskins, R. (2020, April 30). What COVID-19 means for America's child welfare system. Retrieved from https://www.brookings.edu/research/what-covid-19-means-for-americas-child-welfare-system/

Drafted by Alyssa Howes, intern at 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, 2021.

Necessary Actions for Next Administration to Reverse the Dramatic Decline in Intercountry Adoption

 EXPLANATION OF PROBLEM:

On May 6, 2020, the U.S. Department of State (DOS) released its FY 2019 Annual Report on Intercountry Adoptions. The report shows that American families adopted only 2,971 children through intercountry adoption between October 1, 2018 through September 30, 2019. This is a decline of over 26% from the previous year, and over 13% decline from the year before that. Since DOS assumed responsibility for the oversight of intercountry adoption in 2008, the number of abandoned, orphaned, and vulnerable children around the world extends into the tens of millions, yet the number of children adopted by American citizens continues to decrease annually under their oversight, to a new historic low of 2,971.

The report fails to put the disastrous decline in perspective:  There are millions of children without families worldwide who will benefit from intercountry adoption and tens of thousands of qualified American families who are willing to adopt them.  The majority of orphans denied intercountry adoption are not finding equal or better solutions in their country of birth; on the contrary, they are living and dying in institutions in ever-growing numbers. Research conclusively shows that the majority of those who survive the orphanage experience will experience permanent emotional and physical harm and will age out into a world that will exploit them in horrible and degrading ways.  There are countries that want to partner with the U.S. to find families for orphans, but unfortunately, the United States is unwilling to work with many countries around the world. 

AAAA has advocated that DOS make a full and accurate accounting to Congress, the White House, and the American people for the failing results of their intercountry adoption policies and procedures.

 

PROPOSED SOLUTIONS: 

1.  We request that the White House articulate a clear foreign policy in support of intercountry adoption and direct both DOS and the entities that accredit adoption agencies to support this policy.
2. We request an independent investigation into allegations that the current accrediting entity for adoption agencies, IAAME, holds a bias against intercountry adoption that drives its accrediting actions. Adoptions agencies report that they are held to ever changing “standards” not found in the law or any regulation or written policy.  Further, that these standards are not uniformly enforced against all agencies. That anonymous complaints are lodged against agencies which are not favored by the Office of Children’s Issues in retaliation for whistleblowing. These anonymous complaints then force the agencies to hire lawyers to defend themselves without a clear view of what they have done that violates any clear written law, policy or regulation. That their adoption services are shut down which prevents them from earning revenue while the complaint is evaluated.  That the high cost of defending these often spurious complaints has led to the financial ruin of these mostly nonprofit agencies.  That IAAME under the supervision of the Department of State requires every family to work with an accredited agency as a primary provider, even though the UAA and IAA explicitly say that families can act as their own primary provider. That with fewer agencies able to financially function, the adoptive families then cannot find another agency to serve as a primary provider.  IAAME has taken the position that the new agency will be responsible for all of the actions of the prior agency, which calls the accreditation of the new agency into question. In other words, by creating an environment whereby adoption agencies cannot function, IAAME under the supervision of the DOS has directly caused the precipitous decline in intercountry adoption. Families with completed adoptions cannot bring their children home. 
3. Require that the DOS put out requests for statements of interest for additional accrediting agencies and designate at least one other national accrediting entity within six months in addition to any/all qualified state government authorities that desire and are qualified to serve as the accrediting entity for adoption service providers in their state. This will ensure that the existing accrediting entity has more accountability.
4. Require that any adverse action directed toward an adoption agency by an accrediting entity be explicitly tied to a written regulation or policy promulgated after appropriate review and comment. 
5. Issue an Executive Order that families can serve as their own primary provider if their original primary provider is no longer accredited for any reason and there are no adoption services willing to act as primary provider for fear of losing their accreditation. That would eliminate the transfer issue when an agency closes for families who have completed adoptions.
6. Issue an Executive Order that families can act as their own primary provider if they are adopting a relative and there are no adoption services to perform. In a relative placement, the child has already been identified, there is no real concern that the child is being placed for adoption without the knowledge or consents of the birth parents, the prospective adoptive parents are already aware of the child’s medical and social history due to the family relationship, and the foreign government makes the determination of the appropriateness of a relative placement in light of its laws and customs.  Further, intercountry adoption relative placements rarely disrupt, which would require that the agency assume custody until another placement can be made.  Most intercountry adoptions are completed adoptions and the agency is not required to assume custody in a completed adoption anyway, only in a foster care type placement. Nor would the agency be required to monitor the case until the adoption was finalized because the adoption is finalized in the foreign country. The only adoption service which requires the involvement of an accredited agency to protect the parties is the performance of a home study on the prospective adoptive parents and that could be done by an exempt agency. Alternatively, the family could still be required to identify a home-study agency that is accredited to perform the home-study and to provide post-placement supervision when it is required for finalization or by the placing country. However, they would be able to act as their own primary providers for the remaining adoption services. This proposal would ensure that the home-study and post-placement processes are appropriately completed by accredited agencies while also acknowledging that meaningless ”protections” for relative adoptions only create barriers that harm children, birth parents and adoptive families.
7. Require USCIS to prioritize the adjudication of Form I-130 Petitions for adopted children.  The current processing time is over two years.  As a result, U.S. citizens are stranded overseas with their adopted children.  This is simply unacceptable for these vulnerable children and their families.

 

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[1] The six adoption services are:

1.             Identifying a child for adoption and arranging an adoption;

2.             Securing the necessary consent to termination of parental rights and to adoption;

3.             Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;

4.             Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;

5.             Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or

6.             When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement. 22 CFR 96.2 Definitions.

 

Drafted by Attorney Karen Law, 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, 2020.

Adoptee Citizenship Act of 2019

     The Adoptee Citizenship Act of 2019 is a bipartisan bill which would grant citizenship to all adoptees of U.S. citizen parents. Since the Child Citizenship Act of 2000 was passed, most foreign-born children adopted by American parents are automatically granted United States citizenship. However, before the bill was passed, obtaining citizenship status for an adopted child involved a separate process. For one reason or another, some families with adopted children never went through the process of obtaining citizenship for their adopted child. This would cause many issues when the child eventually became an adult, as they were legally considered a non-citizen. It is estimated that between 25,000 and 49,000 adoptees were never granted United States citizenship (Medina, 2019). They were adopted by American parents between the 1950’s and 1980’s when intercountry adoption was less regulated. Also, at the time, many adoptive parents were not adequately educated on the legal process of adoption. These adoptees are at risk of being deported, having trouble finding employment, losing access to certain services, and many other issues. They are essentially living their lives as though they are illegal immigrants, because of their legal status. In 2000, the Child Citizenship Act was successful in granting automatic citizenship to many child adoptees. However, this bill has a loophole which excluded adoptees who were over 18 at the time it was passed. The Adoptee Citizenship Act of 2019 aims to correct the shortcomings of the Child Citizenship Act.

    If the Adoptee Citizenship Act is passed, it will grant citizenship to anyone who has been or will be adopted by a United States citizen, regardless of their current age. Meaning that those who were over 18 in February 2001 when the Child Citizenship Act took effect, would become United States citizens. This bill will help many adoptees who were left out of the Child Citizenship Act due to their birthday or their visa type.

    This legislation is so important because adoptees deserve the right to citizenship. In many cases, these adoptees have gone about their lives assuming that they are American citizens. They then discover that they are not citizens when they apply for jobs, try to obtain passports or updated driver’s licenses or social security cards. In 2016, the Washington Post reported that approximately 36 adoptees had been deported or were at risk of deportation because of criminal offences and their lack of citizenship status (Bahrampour, 2016). Most of these adoptees have lived in the United States for their entire lives and are fully integrated in American society. They are no different than a child who was born to American parents. This bill will help to make sure that adopted children have the same rights to citizenship as biological children. The lack of citizenship status effects many aspects of their lives, such as job stability and family life. Being an American is part of their identity and these adoptees deserve to be U.S. citizens. Adoptees not being considered U.S. citizens is an injustice that both sides of the political spectrum can agree needs to be corrected.

Drafted by Alyssa Howes, intern at 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, 2020.

Sources:

Adoptee Citizenship Act of 2019, S.1554, 116^th Cong., 1^st Sess. (2019).

Bahrampour, T. (2016, September 02). They grew up as American citizens, then learned that they weren't. Retrieved from https://www.washingtonpost.com/local/social-issues/thousands-of-adoptees-thought-they-were-us-citizens-but-learned-they-are-not/2016/09/02/7924014c-6bc1-11e6-99bf-f0cf3a6449a6_story.html?utm_term=.fe6449f0cde5

Congressman Smith and Congressman Woodall Introduce Adoptee Citizenship Act of 2019. (2019, May 14). Retrieved from https://adamsmith.house.gov/2019/5/congressman-smith-and-congressman-woodall-introduce-adoptee-citizenship-act-of-2019  

Medina, D. A. (2019, May 14). Some Adoptees Are Undocumented Because Their Parents Forgot to Fill Out a Form. Now Congress Is Taking Action. Retrieved from https://theintercept.com/2019/05/14/adoption-citizenship-bill/

La Corte, M., & Schneider, R. (2020, September 17). Congress Should Fix A Loophole That Denied Citizenship To Some International Adoptees. Retrieved from https://www.niskanencenter.org/congress-should-fix-a-loophole-that-denied-citizenship-to-some-international-adoptees/

Step Parent

Law Offices of Karen S. Law, PLC 
Ashburn, Virginia 20147
(703) 723-4385
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FELLOW, ACADEMY OF ADOPTION AND   
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 Step Parent Fact Sheet 


How much does a Step Parent Adoption cost?  

The usual legal fees are $1700, with the consent, abandonment, or death of the non-custodial parent. If the case is actively contested by a nonconsenting birth parent, the legal fees will be much higher. 

For every case, there also will be additional out of pocket fees depending on the particular case, i.e. printing costs, mailing costs, publication, filing fees, birth certificate fees etc. 


How long will a Step Parent Adoption take in Virginia? 

Between one to four months once the legal pleadings are filed with the Court.


Can you describe the process? 

1. Informational meeting with Adoption attorney
2. Consider whether the biological parent must consent to adoption or has abandoned the child or is deceased
3. Attorney gathers information and Clients sign notarized pleadings
4. Attorney files the pleadings with the Court
5. Newspaper publication (required for nonconsenting birth parent)
6. Possible brief investigation by Social Services, a two month process
 7. Obtain the Final Order of Adoption—Court appearance is sometimes required
8. Obtain a new Birth Certificate with the child’s new name and the new parent listed as the parent - arrives in two to four months. 9. Client changes name of child on social security card

Where do you serve clients? 

We work with families within 60-minute travel distance from our office.  If you are outside this area, we may be able to provide a referral to another attorney.

How do we get Started? 

Schedule a consult by email to schedule@Lawadoption.com. The fee is $195 which is later deducted from the legal fees of $1700.

Myths about Adoption

What’s holding you back from adopting a child? Could it be the rumors and myths about adoption that float around?  We are here to ease your mind and put few common myths to put to rest.  

I can’t afford adoption: When looking into adoption it can become incredibly overwhelming and a lot of people get turned off by thinking they can’t afford what it costs to adopt a child.  There are so many different options when looking into adoption financially.  What you need to do is make sure you take the time to do your research and prepare for the costs to come.  There are different grants and low interest loans you can look into applying for.  Like any major financial decision, you have to sit down and prepare for it. Here are a list of Adoption Aid Grants. 

Adoption takes too long: Like all great things in life, adoption does not happen overnight.  You have to be patient and take it one step at a time.  The process can go a little faster if you are equipped to adopt a child with special needs, an older child or sibling groups.  International adoptions will take a little more time, and often, it is in fact easier to adopt from the U.S. Foster Care.  It takes about a year to adopt from the foster care system and it can take from two to five years to adopt internationally.  

Relatives may find the child and take them back: This is not legally possible in most states due to laws which sever the rights of relatives after the adoption is finalized.  Once an adoption is final, there is no reversing it.  Before an adoption is final, there are a series of steps to insure that this will not happen.  Biological parents are looked for and contacted if they have taken the necessary steps to insure that they will receive notice of an adoption plan, such as registering with a Putative Father Registry.  If the biological father does properly register to receive notice of the adoption plan, then he must decide if he can care for the child or if the child should be adopted. 

In terms of other family members, usually, they are not entitled to notice of an adoption plan.  However, in some states, relatives who have legal custody are entitled to notice and to contest an adoption plan.  And when a child is placed through the foster care system, relatives are looked to as alternatives families when parents are not able to parent.  

Foster care kids are out of control and dangerous: It is true that a lot of children in foster care have experienced neglect and/or abuse that cause them to have developmental and behavior issues but they are not juvenile delinquents. They have experienced situations that have lead them not to feel safe. These kids need a safe and nurturing home so they can become wonderful young adults.

Single parents can’t adopt: There is opportunity for all to adopt.  Just because you are single, does not mean there isn’t a way for you to adopt a child. What matters is that you are able to provide a loving, safe and supportive home for a child.  This goes with age as well.  You don't have to be young to adopt either; in fact older parents are typically the sought out demographic for adoption.  It is recommended to contact a reputable agency for more information on age requirements depending on where is it you are looking to adopt from.  For different countries requirements will change. 

These are only a few of the many myths when it comes to adoption. But we hope we have eased your mind about some of the biggest myths floating around.  Remember to always do your research and make sure you are getting your information from reliable sources. the Law Offices of Karen S. Law PLC does adoption overview planning sessions which will tailor the best approach for your family.  The fee is nominal and this can save you a lot of time.  We also help you determine which adoption agencies will be the best fit for your family.  

To schedule your adoption overview meeting, please contact us today:  Schedule@lawadoption.com or call 703 723 4385.

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, 2019.

Source: https://www.adoptuskids.org/adoption-and-foster-care/overview/faq
https://www.americanadoptions.com/blog/12-adoption-myths-everyone-is-sick-of/
https://www.rd.com/advice/parenting/myths-about-adoption/

Tax Time: No Social Security Number for your Adopted Child?

With tax season just past us, I received many phone calls from families who had adopted in 2018 but their finalization was not able to be processed before the end of the year. That means that the child was not issued a Social Security Number in time for their tax return. This is hugely significant in terms of claiming the child as a dependent and also obtaining the Adoption Tax Credit.

I also see this when the adoption has been finalized but the child has not yet received the new birth certificate.  Usually, to obtain a social security number, you have to have the new birth certificate and that can take several months and up to a year after the adoption is finalized.

So, for next year, if you adopt, go ahead and obtain an Adoption Tax Identification Number ("ATIN") as soon as the child is placed with you.  Contact the IRS at https://www.irs.gov/. The form you need to fill out is the W-7A: https://www.irs.gov/pub/irs-pdf/fw7a.pdf.  You will need to complete the form, sign it, and mail it with backup documentation:

In general, one of the following documents will satisfy this requirement. A copy of the placement agreement entered into between you and an authorized placement agency. A copy of the document signed by a hospital official authorizing the release of a newborn child from the hospital to you for legal adoption. A copy of the court order or other court document ordering or approving the placement of a child with you for legal adoption. An affidavit signed by the adoption attorney or government official who placed the child with you for legal adoption pursuant to state law. Foreign adoptions. In addition, if you adopt a foreign child with U.S. citizenship or resident alien status, include with your Form W-7A a copy of your child’s: Permanent resident card (green card), Certificate of Citizenship, or Passport with “I-551” stamp

Currently you would file this form with documentation by mailing to:

Department of the Treasury Internal Revenue Service Stop 6182 Austin, TX 73301-0066

However, you should double check the mailing address on the W-7A instructions before you mail it:  https://www.irs.gov/pub/irs-pdf/iw7a.pdf

It can take up to 8 weeks to receive the ATIN so fill the form out ASAP!

The ATIN can be used in lieu of a social security number for up to two years. Once you receive your child's new birth certificate, you can go to the Social Security office nearest you and obtain a Social Security number for your child.  Then, you will swap out the Social Security number for the ATIN the following year.

What if the child you adopted is not a U.S. citizen or lawful permanent resident?  You cannot use this form.  Instead, you will use the Form W-7 and obtain an Individual Tax Identification Number ("ITIN").  The instructions for the ITIN are found here:  https://www.irs.gov/pub/irs-pdf/iw7.pdf.

One key timing difference is that for the ITIN, you cannot file it in advance.  You file it WITH your tax return and you have to use a paper filing for your tax return, not electronic filing.  Read the instructions carefully because, many ITIN applications are rejected for failure to provide the proper documentation.

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 possible clients and are not actual clients of this law firm. Copyright Karen S. Law, 2019.