Adoption Overview
Adoption is a joyous opportunity for all parties; a child is placed with a family who needs them. However, while an adoption can be a joyous event, there are many legal issues that can stop the proceeding in its tracks. Working with an experienced adoption attorney is important in any type of adoption. The laws governing the adoption process are complex, whether they are a step-parent, foster parent or un-related adoptive parent adoptions. To avoid delay and disappointment in your adoption, contact an experienced adoption attorney at Bowen Law Group.
Frequently Asked Questions Adoptions
What is adoption?
Adoption is the process of permanently placing a child into a family other than the family of the child's birth. The parental rights and responsibilities of the biological parents cease and those rights and responsibilities are taken over by the adoptive parents. Once an adoption is completed, it is permanent.
What is a Public Adoption?
Children in the public child welfare system are placed in permanent homes by public, government-operated agencies, or by private agencies contracted by a public agency to place waiting children. These types of adoptions involve children that have been placed in foster care by Child Protective Services or birth parents rights have been terminated.
What is a Private Adoption?
In a private agency adoption, children are placed in non-relative homes through the services of a non-profit or for-profit agency which may be licensed by the State in which it operates. In an independent or non-agency adoption, children are placed in non-relative homes directly by the birthparents or through the services of one of the following: a licensed or unlicensed facilitator, certified medical doctor, member of the clergy, or attorney.
What is the difference between an open adoption and a closed adoption?
An open adoption is when both sides of the adoption know some kind of identifying information about the other side. It can vary from case to case and there are many degrees of "openness". It is up to the parties to reach an agreement on how much information, if any, will be shared. In a closed adoption, information about the two families involved is not shared between them. Medical history can be provided, however, all identifying information will be removed.
In Step-Parent adoption are the birth parents rights terminated?
No. Step-parent adoptions occur when children are adopted by the spouse of one birth parent. The birth parent will be listed as a Petitioner in the suit.
When can the mother of the baby start the adoption process?
As soon as she knows that she is pregnant.
When does the Birth Mother actually sign the legal documents required for the adoption?
The law requires a waiting period after the delivery and depends on how the Birth Mother is feeling after her release from the hospital.
Who takes the baby home from the hospital?
The baby goes directly from the hospital to the Adoptive Parent's home.
Resources to Help with Costs of Adopting:
Federal Tax Credit**
Parents can claim a tax credit that covers adoption expenses. To take the credit or exclusion you will need to complete Form 8839, Qualified Adoption Expenses.
At the Website, of the Internal Revenue Service, you will find information about tax rules and changes to those rules. You can link to this site for information about the IRS Adoption Taxpayer Identification Number, and for Publication 968, on the Adoption Tax Credit and Tax Exclusion. (http://www.irs.ustreas.gov/)
State Tax Credits**
Several states have enacted state tax credits for families adopting children from the public child welfare system in that state.
Adoption from the Foster Care System
If you are interested in adopting a child who is currently waiting in foster care, often not only are fees kept to a bare minimum or even waived, but many of the children will be eligible for federally-funded or state-funded adoption subsidy payments which help you meet the child's ongoing needs. Some children qualify for Social Security Insurance payments or Medicaid coverage because of their medical conditions.
Reimbursement for Non-Recurring Adoption Expense
After families have finalized the adoption of a child with special needs from the public child welfare system, they may be able to apply for reimbursement of expenses they paid related to the adoption, which may include home study fees, travel expenses to meet the child, and attorney fees.
Possible Employer Benefits
Many employers provide a range of benefits for families who adopt including paid or unpaid leave when a child arrives in the home, reimbursement of some portion of adoption expenses, assistance with adoption information and referral services. Contact your human resource department for information about benefits available, if any.
**Contact a Certified Public Accountant for more tax information.
The majority of Americans are personally affected by adoption. 6 in 10 Americans have had personal experience with adoption, meaning that they themselves, a family member, or a close friend was adopted, had adopted a child, or had placed a child for adoption.