Family Formation Blog

Top 5 Mistakes to Avoid in ART Agreements

Tue, 04 Nov 2025 15:13:34 GMT

Building your family through assisted reproductive technology (ART) is an exciting journey. Whether you’re pursuing IVF with a donor, embryo donation, or gestational surrogacy, clear legal agreements are essential to protect everyone involved—and to ensure your parental rights are secure from the start.

Unfortunately, many intended parents, donors, and surrogates underestimate how critical these agreements are, or they assume “standard paperwork” from a clinic is enough. Here are the top five mistakes to avoid in ART agreements—and how to do things the right way.

1. Using Only Clinic Forms Instead of Custom Agreements

Fertility clinics often provide consent forms, but these are not legal contracts. Clinic forms cover medical procedures—not parental rights, responsibilities, or future disputes.

What to do instead: Always work with an experienced ART attorney to draft agreements tailored to your family’s unique situation and compliant with local laws.

2. Ignoring State-Specific Requirements

ART law varies widely from state to state. Maryland, Virginia, and Washington, DC each have their own laws about surrogacy, donor agreements, and parentage orders. Using an agreement designed for another jurisdiction—or skipping legal review altogether—can leave your parentage uncertain.

What to do instead: Choose an attorney who practices in the state where your child will be born or where your procedure takes place to ensure full legal recognition.

3. Failing to Address Future Issues

What happens to unused embryos? What if a donor wants future contact—or none at all? What if a surrogate is placed on bed rest? Leaving these questions unanswered now can lead to disputes later.

What to do instead: Make sure your agreements address every foreseeable issue, from medical decisions during pregnancy to future communication preferences.

4. Waiting Too Long to Get Legal Advice

Some families wait until after treatment has started to contact an attorney. By then, it may be harder to resolve problems or meet court deadlines for parentage orders.

What to do instead: Engage legal counsel early to ensure any agreements are in place.. A properly drafted agreement should be signed and finalized before donations occur, insemination occurs or embryos are transferred.

5. Not Securing a Parentage Order

Even with a solid donor or surrogacy agreement, you may still need a court order confirming parental rights. Without it, you could face issues with birth certificates, travel, or even medical decision-making for your child.

What to do instead: Ask your attorney whether a pre-birth or post-birth parentage order is required in your jurisdiction or if an adoption is recommended—and don’t skip this step.

Final Thoughts

Assisted reproductive technology makes parenthood possible, but the law is what makes parenthood secure. Avoiding these common mistakes will save time, money, and stress—and protect your family’s future.

At Foster + Bloom Family Formation Law Group , we guide intended parents, donors, and surrogates through every step of the legal process. Whether you need a donor agreement, surrogacy contract, or parentage order, we ensure your rights are clear and your family is protected.

Contact Foster + Bloom Family Formation Law Group today to make sure your ART agreements are done right—from the very beginning.

Single Parents by Choice and ART: Growing Families on Your Own Terms

Mon, 03 Nov 2025 14:13:54 GMT

Parenthood no longer comes with a single definition. For many people, the dream of having a child doesn’t depend on having a partner—it depends on having a plan. Single parents by choice are embracing assisted reproductive technology (ART) to grow families on their own terms, proving that love, commitment, and preparation are what truly define parenthood.

What Does "Single Parent by Choice" Mean?

A single parent by choice (SPBC) is someone who decides to have and raise a child independently, rather than waiting for a partner to start a family. Thanks to advances in ART, including sperm donation, egg donation, embryo donation, and even gestational surrogacy, becoming a parent without a partner is not only possible but increasingly common.

ART Options for Single Parents

1. Sperm Donation: Often used by single women or female-identifying parents to conceive via intrauterine insemination (IUI) or in vitro fertilization (IVF).

2. Egg Donation and Surrogacy: Frequently chosen by single men or male-identifying parents who require both donor eggs and a gestational carrier.

3. Embryo Donation: A cost-effective option that allows individuals to receive donated embryos created by other families.

4. Fertility Preservation: Some people choose to freeze eggs, sperm, or embryos while planning the right time to move forward with parenthood.

Why Legal Guidance is Essential

While ART clinics focus on the medical side, legal planning protects your parental rights from day one. For single parents, this includes:

Donor agreements to clearly establish that sperm, egg, or embryo donors do not have parental rights.
Surrogacy contracts to protect both the intended parent and gestational carrier.
Parentage orders ensuring you are recognized as the sole legal parent in Maryland, Virginia, or Washington, DC.

Because ART laws vary by state, working with attorneys who know local statutes ensures your parenthood is secure regardless of where your child is born.

Advantages of Being a Single Parent by Choice

Autonomy in decision-making: You control your timeline and family-building choices.
Strong community networks: Many SPBCs connect with support groups and other solo parents.
Legal clarity: With proper agreements, your parental rights are established without ambiguity.

Financial and Emotional Planning

Budgeting is key for any ART journey, but especially for single parents who are covering costs independently. Consider:

Medical and clinic fees for IUI, IVF, or surrogacy
Legal costs for agreements and parentage orders
Insurance coverage and childcare planning
Emotional support networks—friends, family, or parent groups who can offer practical help

Final Thoughts

Being a single parent by choice means defining family in a way that fits your life—not someone else’s expectations. With ART, love, and preparation, your dream of parenthood is entirely within reach.

At Foster + Bloom Family Formation Law Group , we guide single parents through every legal step of the ART process. Whether you’re considering sperm donation, surrogacy, or embryo donation, our team ensures that your rights—and your child’s future—are protected from the very beginning.

Contact Foster + Bloom Family Formation Law Group to start building your family on your own terms.

Budgeting for ART: Understanding the Full Financial Picture

Wed, 15 Oct 2025 19:52:26 GMT

Starting a family through assisted reproductive technology (ART) —whether through IVF, egg or sperm donation, embryo donation, or surrogacy—is one of the most exciting decisions you can make. But along with the hope and anticipation comes an unavoidable question: How much will this really cost?

For many first-time intended parents, ART expenses feel overwhelming because the costs don’t come from one single source. Instead, they’re spread across medical procedures, donor or surrogate arrangements, legal fees, and sometimes even travel. Having a clear financial plan upfront helps you stay focused on your goal rather than worrying about the numbers.

Why ART Requires a Comprehensive Budget

It's tempting to look only at the price of a single IVF cycle or an agency fee, but ART is rarely just one step. The process may include:

Multiple treatment cycles if the first isn’t successful
Separate agreements for donors, surrogates, or parentage orders
Costs that vary by state law, especially if your clinic or carrier is outside your home state

A realistic budget accounts for both expected and unexpected expenses , so you’re never caught off guard.

Breaking Down the Major Costs

1. Medical and Fertility Care

This typically includes consultations, testing, medications, embryo creation or transfer, and prenatal care for a surrogate. These are the core clinical expenses that vary by treatment plan, insurance and location.

2. Donor or Surrogacy Costs

If you’re working with an egg, sperm, or embryo donor—or with a gestational carrier—reimbursement and related expenses must be factored in.

3. Legal Fees

ART isn’t complete without legal protections. You’ll need:

Donor agreements to establish rights clearly
Surrogacy contracts to protect everyone involved
Parentage orders to ensure your parental rights are recognized at birth
The laws of Maryland, Virginia, and Washington, DC differ significantly, which is why working with an attorney experienced in these jurisdictions is essential to prevent costly delays or disputes.

4. Other Considerations

Travel, lodging, agency fees, court filing costs, and even time away from work can add up. Including these in your planning prevents unpleasant surprises.

How Legal Planning Saves Money in the Long Run

Some families see legal fees as an optional add-on to the medical process—but skipping or delaying legal work can lead to expensive complications:

Disputes over parental rights
Delays in getting birth certificates
Noncompliant agreements that courts won’t honor

Engaging an attorney before any procedures begin keeps everything on schedule and ensures every dollar you spend supports your ultimate goal: bringing your child home.

Practical Tips for Financial Planning

Ask for detailed estimates from every provider—clinic, agency, and attorney.
Consider the possibility of more than one IVF cycle and plan accordingly.
Review insurance coverage —including supplemental policies for surrogates if needed.
Look for employer benefits or financing options that can offset out-of-pocket costs.
Build in a legal budget upfront rather than waiting until later in the process.

Final Thoughts

Budgeting for ART isn’t just about calculating expenses—it’s about peace of mind. When you have a clear understanding of the financial landscape, you can focus on what truly matters: creating your family.

At Foster + Bloom Family Formation Law Group , we help intended parents, surrogates, and donors navigate ART with confidence. By clarifying legal requirements early, we help you avoid unexpected costs and protect your parental rights every step of the way.

Ready to plan for both the emotional and financial sides of ART? Contact Foster + Bloom Family Formation Law Group to schedule a consultation today.

From Clinic to Courtroom: How ART and Family Law Intersect

Wed, 01 Oct 2025 15:01:03 GMT

When you begin your journey with assisted reproductive technology (ART) —whether through IVF, egg or sperm donation, or surrogacy—it may feel like a purely medical process. After all, your first stops are often fertility specialists, embryologists, and clinics. But while science makes ART possible, law makes parenthood secure.

The path from clinic to courtroom is where medicine and family law come together. Understanding this intersection is crucial to protecting your parental rights and ensuring a smooth, stress-free experience.

Where the Medical Process Ends - and Legal Protections Begin

Fertility clinics are experts in medicine, not in law. They focus on the success of your pregnancy, but they do not provide legal advice about parentage, custody, or rights. That’s where an experienced ART attorney comes in.

Some of the key points where medicine and law overlap include:

Donor agreements: If you’re using donated eggs, sperm, or embryos, you need a clear legal contract establishing that the donor has no parental rights.
Surrogacy arrangements: A gestational carrier agreement is essential to protect everyone involved—intended parents, the carrier, and the child.
Parentage orders: Courts confirm who the child’s legal parents are, either before or after birth, depending on state law.

Without these legal steps, families can face uncertainty—even after a successful pregnancy.

Why State Law Matters in ART

Every state has different rules governing ART and it is essential for the right state law to apply to your journey to ensure proper legal protections.

If you live, work, or seek treatment across state lines, these differences make early legal planning critical .

The Courtroom Side of ART

You may never physically appear in court, but court involvement is often necessary to finalize your parental rights. This may include:

Pre-birth orders: Establishing parentage before the child is born so your names are on the birth certificate from day one and legal parentage is clearly established.
Post-birth orders: Used when state law requires confirmation after delivery.
Adoption proceedings: Sometimes used to ensure parental rights in cases involving embryo donation or certain donor arrangements.

The courtroom isn’t about questioning your parenthood—it’s about securing it beyond dispute.

Why You Need a Legal Team on Day One

By partnering with an attorney before your medical procedures begin , you can:

Ensure contracts comply with local laws.
Avoid delays at the hospital or when obtaining birth certificates.
Protect your rights as parents, donors, or carriers.
Have peace of mind that every step is legally sound.

At Foster + Bloom Family Formation Law Group (formerly Modern Family Formation) , we guide clients through every stage of ART —from drafting agreements to securing parentage orders.

Final Thoughts

Assisted reproductive technology makes parenthood possible. Family law makes parenthood secure.
If you’re building your family through ART, make sure you have legal guidance to match the cutting-edge medical care you’re receiving.

Foster + Bloom Family Formation Law Group is here to help you navigate both worlds—so you can focus on what matters most: welcoming your child home.

What Is Assisted Reproductive Technology? A Clear Guide for First-Time Parents

Tue, 09 Sep 2025 18:46:56 GMT

Building a family isn’t always straightforward—and that’s okay. Today, more people than ever are turning to assisted reproductive technology (ART) to help make parenthood possible. But if you’re hearing terms like IVF , gamete donation , or gestational surrogacy for the first time, it can feel overwhelming. This guide will help you understand what ART is, how it works, and why working with the right legal team is essential.

What Is Assisted Reproductive Technology?

Assisted reproductive technology (ART) is an umbrella term for medical procedures used to help people conceive a child when natural conception isn’t possible or practical. These procedures may involve handling eggs, sperm, or embryos outside the body to achieve pregnancy.

Common types of ART include:

In Vitro Fertilization (IVF): Eggs are fertilized in a lab to create an embryo to be transferred to the uterus.
Egg or Sperm Donation: Donor gametes help intended parents who can’t use their own.
Embryo Donation: A donated embryo is implanted in the uterus.
Gestational Surrogacy: Another person carries a pregnancy for the intended parent(s) using their egg, sperm, or donor material.

Who Uses ART?

ART is used by a wide range of families, including:

Couples facing infertility
Single parents by choice
LGBTQ+ couples building families
Individuals preserving fertility before medical treatments
Families who want to use genetic material from a donor or surrogate

No two family-building journeys are the same—and that’s part of the beauty of ART.

Why is Legal Guidance So Important?

While ART offers hope and opportunity, it also raises complex legal questions that must be addressed before treatment begins. Without clear agreements and proper legal protections, issues can arise over:

Parental rights: Who is recognized as the legal parent(s)?
Donor agreements: What are the rights and responsibilities of egg, sperm, or embryo donors?
Surrogacy contracts: How are intended parents and gestational carriers protected during the process?
Parentage orders: When and how can your parentage be confirmed—before or after birth?

The laws governing ART vary widely by state, which makes working with attorneys experienced in Maryland, Virginia, and Washington, DC essential. At Modern Family Formation, we help intended parents, donors, and surrogates navigate these legal steps with confidence, ensuring everyone’s rights are clear and protected.

Your Next Steps as a First-Time Parent

If you’re considering ART, here’s how to start your journey:

Learn about your medical options by consulting a trusted fertility specialist.
Discuss your goals and concerns openly with your partner, family, or support system.
Work with an experienced ART attorney early to ensure agreements are in place before any procedures begin.
Understand your timeline and budget , including medical, legal, and logistical costs.

Final Thoughts

The decision to become a surrogate carries great responsibility alongside its great rewards. Balancing compassion for the intended family with a strong commitment to one's own well-being is paramount. It's about creating life and joy within structured boundaries—one of the most beautiful endeavors a person can undertake.

Ready to start your journey? Contact Modern Family Formation today to schedule a consultation.

Becoming a Surrogate: Legal, Emotional, and Medical Considerations

Wed, 16 Apr 2025 14:54:07 GMT

Choosing to become a surrogate is a profoundly generous act that has the potential to bring unparalleled joy to those who need assistance with growing their families.. As an attorney at Modern Family Formation, I aim to illuminate the intricacies tied to surrogacy.

Understanding Surrogacy Law

Before embarking on this path, it's crucial for surrogates—and intended parents—to understand the legal landscape. Surrogacy laws vary widely by state, with Maryland, Virginia, and Washington DC each presenting unique statutes and regulations. It's essential to partner with a knowledgeable attorney who can guide you through the process, ensuring all parties' rights are protected.

A solid surrogacy contract is the cornerstone of a successful arrangement. This document should clearly define expectations, compensation, parental rights, and contingencies for possible complications. Remember, clarity today prevents conflicts tomorrow.

Learn more about the importance of having a legal surrogacy contract.

The Emotional Journey of Surrogacy

Surrogacy is as much an emotional commitment as it is physical. Prospective surrogates should consider the psychological impact this endeavor may have, not only on themselves but also on their families. Support systems must be in place as you navigate the intricacies of carrying a child for someone else.

Counseling services often play an invaluable role throughout—and after—the surrogacy process. These services provide a safe space to discuss feelings and ensure the emotional health of the surrogate. It’s important to acknowledge the natural attachment that may form and to prepare accordingly for the post-birth transition.

Medical Eligibility and Procedures

To ensure the health and safety of both surrogate and the baby, there are stringent medical requirements and procedures that must be followed. Candidacy typically includes a comprehensive health screening, fertility assessment, and psychological evaluation.

Learn more about the requirements to become a surrogate.

Once cleared, the medical process involves In Vitro Fertilization (IVF), where embryos created with the intended parents' (or donors') genetic material are transferred to the surrogate. Talking with the medical team to understand the steps, risks, and success rates of IVF is critical before committing to the procedure.

Lifestyle and Preparation

Lifestyle adjustments may be necessary for any pregnancy, and surrogacy is no exception. Abstaining from alcohol, tobacco, and certain medications, maintaining a healthy diet, and attending regular medical appointments are non-negotiable commitments.

Preparation extends beyond physical health; getting your household ready for the journey ahead is equally important. This means aligning expectations with family members and educating yourself on the milestones and challenges of pregnancy.

Balancing Compassion with Commitment

Seeking Professional Assistance

With the layers of complexity inherent to surrogacy, professional guidance cannot be overstated. A practiced attorney can navigate the legal nuances to ensure rights are protected and expectations are set. Together, we can embark on this journey firmly grounded in mutual respect, clear understanding, and commitment to the precious gift of family formation.

For anyone interested in learning about the legal aspects of becoming a surrogate or learning more about the process, visit Modern Family Formation for comprehensive resources and expert advice tailored to individuals in Maryland, Virginia, and Washington DC. Your journey to helping create a family begins with informed decisions and compassionate care, every step of the way.

Confirmatory Adoption - Because Being on the Birth Certificate is Not Enough to Ensure Second Parents' Rights

Thu, 27 Mar 2025 23:33:42 GMT

As an adoption attorney, I often work with families navigating the complex and emotional journey of parenthood. One of the most pressing legal concerns I address, especially for same-sex couples or families formed through assisted reproduction, is ensuring that both parents' rights are fully protected. While many parents believe that simply being listed on their child's birth certificate is enough to secure their legal rights, the reality is much more complicated. This is where the importance of confirmatory adoption comes into play.

What is Confirmatory Adoption?

Confirmatory adoption (also frequently referred to as second parent adoption) is a legal process in which one parent—often the non-birthing parent in a same-sex couple—formally adopts the child, confirming the legal relationship of parent and child. This step is crucial because it solidifies both parents rights and provides essential protections in the event of separation, divorce, or in the event the parentage of a child was challenged.

For many parents, the concept of adoption might seem unnecessary, especially when the parent’s name appears on the child’s birth certificate. However, the reality is that being listed on the birth certificate may not always be a guarantee that the second parent’s rights are secure in the eyes of the law. Confirmatory adoption is the legal safeguard that ensures both parents' rights are unequivocally recognized.

Why Being on the Birth Certificate Isn't Enough

Varied State Laws
In the United States, people often look to the birth certificate to determine the parentage of a child. Being on the birth certificate through a marital presumption could create challenges in the future if marriage was challenged/overturned and a State would not recognize a birth certificate listing two parents of the same gender. Completing the adoption removes that risk of challenge.
Potential for Legal Disputes
Even if a second parent is listed on the birth certificate, a court may not automatically recognize their legal parentage in certain circumstances. For example, if the biological parent dies or if the couple separates, a non-adoptive second parent could face challenges asserting their rights, especially if the biological parent’s family or others dispute their standing as a legal parent.
No Guarantee of Parental Rights in Case of Separation or Death
Without a confirmatory adoption, the non-delivering parent may face difficulties in asserting parental rights in the event of divorce, separation, or the death of the biological parent. Without the formal adoption decree, the second parent may not be entitled to make decisions about the child's welfare, such as medical or educational decisions, or even to seek custody or visitation if laws changed in the future.
Additionally, if the delivering parent passes away and the parentage of the surviving parent is challenged, they may need to go through the legal process of guardianship or even an adoption to secure custody, which can be time-consuming, expensive, and emotionally taxing for both the parent and the child.
Lack of Inheritance Rights
One often-overlooked aspect of legal parentage is inheritance. If the second parent has not legally adopted, their child may not automatically inherit from them in the event of their death if laws changed in the future. Confirmatory adoption ensures that the child has the right to inherit from both parents, providing a sense of security and financial stability.
Challenges in Interstate Recognition
Even if the second parent’s name is on the birth certificate in their home state, other states may not recognize the second parent’s legal rights if the family moves or travels if laws were to change in the future. A confirmatory adoption can help ensure that parental rights are respected across state lines and provide more uniform recognition of parental authority.

The Confirmatory Adoption Process

The process for confirmatory adoption can vary depending on your state, but typically it involves a relatively simple legal procedure. The process in D.C., Maryland and Virginia is accessible and achievable. The process in these jurisdictions involved paperwork being submitted to the court and the court making a ruling based on these filings. A court hearing is not required, except in specific circumstances. In most cases, the process is designed to be relatively quick and straightforward.

Once completed, the confirmatory adoption provides the adopting parent with the same legal rights and responsibilities as the biological parent, making them both the child's legal parent. This includes rights to custody, visitation, decision-making, and inheritance.

Why You Should Consider Confirmatory Adoption

Legal Security: Confirmatory adoption provides a strong legal foundation, ensuring that both parents are recognized by the court and have equal rights.
Protection in Case of Separation or Death: With a formal adoption, second parents are more secure in the event of a divorce, separation, or if something happens to the biological parent, as the Judgment of Adoption is afforded full faith and credit.
Inheritance Rights: Confirmatory adoption ensures that the child can inherit from both parents, eliminating potential legal challenges after a death.
Peace of Mind: Completing the adoption process provides families with peace of mind, knowing that both parents' rights are legally secure and the child is protected.

Final Thoughts

As an adoption attorney, I urge families to consider confirmatory adoption as a critical step in securing their parental rights. While being on a birth certificate may seem like enough, it is not a guarantee that those rights will be upheld in all circumstances. Confirmatory adoption offers essential legal protection and ensures that both parents are recognized as equal and irreplaceable parts of their child’s life.

If you are considering a confirmatory/second parent adoption, or if you have questions about the legal process, don't hesitate to reach out to Modern Family Formation. Ensuring that your family’s legal standing is secure is one of the best things you can do for your child’s future.

If you have questions or would like to learn more about second-parent adoption, please contact Modern Family Formation today!

Why Second-Parent Adoption is Crucial for Families

Fri, 22 Nov 2024 18:28:15 GMT

In today’s diverse family landscape, second-parent adoption has become an essential legal tool for many families, particularly for those formed through assisted reproduction, same-sex relationships, or blended families. At Modern Family Formation, we focus on adoption and assisted reproduction law across Virginia, Maryland, and the District of Columbia, and we recognize the critical importance of second-parent adoption for non-delivering parents. This legal process ensures that both parents in a family, regardless of biological connection, are recognized and protected under the law.

Understanding Second-Parent Adoption

Second-parent adoption, also called Confirmatory adoption, allows a non-delivering parent to gain legal recognition and parental rights without the need to terminate the rights of the biological parent. This type of adoption is particularly relevant in families where one parent is biologically related to the child, while the other is not. For example, in many same-sex couples, one partner may be the biological parent through assisted reproduction, while the other partner seeks to adopt the child to ensure equal legal standing. In some cases, the non-delivering or birth parent may be the genetic parent of the child, but will still need to adopt to secure their rights.

Legal Security for Your Child

The most compelling reason for second-parent adoption is the legal security it offers your child. If laws changed and your parentage was challenged, the Judgment or Order of Adoption would protect your family. This protection provided includes medical care, education, and even custody should something happen to the birthing parent. Second-parent adoption ensures that both parents can provide care and make crucial decisions throughout the child's life.

Protection Across State Lines

Family laws can vary significantly from state to state. Second-parent adoption creates a legally recognized relationship between a child and both parents, which is respected nationwide. This means your family can move or travel without worrying about the variability of state laws affecting your parental rights.

Ensuring Inheritance Rights

Without a legal parent-child relationship, a child may not automatically inherit from their non-birthing parent. Second-parent adoption safeguards a child’s right to receive an inheritance, social security benefits, or insurance payouts. It provides peace of mind knowing that, in the event of the unthinkable, your child’s financial future is protected.

Emotional Stability and Recognition

Beyond the legal aspects, second-parent adoption affirms the emotional bond in the family.. It validates the family unit in the eyes of society and gives the child a sense of stability and belonging. Knowing that both parents are recognized equally reinforces the child's understanding of their family structure.

Facilitating Parental Responsibilities

Day-to-day life involves countless interactions where parental authority is assumed or required. Picking up a child from school, authorizing a field trip, or attending a doctor’s appointment are all situations where having clear, legal parental status is essential. Second-parent adoption removes any ambiguity about who has the authority to act on behalf of the child.

Preparing for the Future

Life is unpredictable, and preparing for all eventualities is part of responsible parenting. Should the birthing parent become unable to care for the child due to illness or death, second-parent adoption ensures that the non-birthing parent retains full parental rights, avoiding potential custody battles with other relatives or the state.

Health Insurance and Benefits

Many employer health plans and government benefits extend coverage to a child only if there is a legal parent-child relationship. Second-parent adoption may become necessary for securing these benefits for your child, including health insurance, life insurance, and access to family leave if your legal relationship was challenged.

Reflecting Real-Life Families

Our society is evolving, and the concept of family is more inclusive than ever before. Second-parent adoption is a way for the law to catch up with reality, recognizing and protecting all family structures. It sends a message that all families, regardless of how they are formed, are valid and deserving of equal treatment under the law.

Conclusion

At Modern Family Formation, we believe that every family should have the opportunity to secure their bonds through the full extent of the law. Second-parent adoption is not just a legal formality; it's a crucial step in safeguarding the well-being of children and the rights of non-biological parents. It's about ensuring that love, not just biology, defines what it means to be a family. If you're considering second-parent adoption, know that you're taking a powerful step towards protecting your family's future.

If you have questions or would like to learn more about second-parent adoption, please contact Modern Family Formation today!

The Benefits of Kinship Adoption: Keeping Families Together

Tue, 10 Sep 2024 21:13:58 GMT

Adoption is a profound journey that reshapes family boundaries, often bringing immense joy and fulfillment. Among the various forms of adoption, kinship adoption stands out as a unique opportunity to maintain biological family ties while providing children with the stability and love they need. As an adoption attorney, I have witnessed firsthand the transformative power of kinship adoptions and the myriad benefits they offer to both children and families.

Preserving Family Bonds

Kinship adoption occurs when a child is adopted by a relative or a person with whom they share a significant emotional bond. This could be a grandparent, aunt, uncle, adult sibling, or cousin.. One of the most significant advantages of this arrangement is the preservation of familial connections. Children in kinship adoptions may experience less trauma compared to non-relative adoptions because they are placed in a familiar environment, with people they already know and trust.

Continuity of Culture and Identity

Children thrive on continuity, and kinship adoption can provide a sense of identity and belonging that is crucial for their development. By staying within their biological family, children can maintain their cultural heritage, traditions, and language. This continuity can help to foster a strong sense of self and supports a smoother transition into their new family dynamic.

Strengthening the Support Network

Kinship adoption not only benefits the child but also strengthens the support network for the adoptive family. Relatives often have an established relationship and understanding of the child's background and needs. This shared history can make it easier for the family to navigate challenges and celebrate successes together.

Legal and Financial Considerations

From a legal standpoint, kinship adoption can be more straightforward than other types of adoption. Since the adoptive parents are already related to the child, there may be fewer hurdles to overcome in terms of custody and parental rights depending on the circumstances. Additionally, some states offer financial assistance and resources specifically for kinship adoptions, helping to alleviate potential economic burdens.

Emotional Stability and Well-Being

Children in kinship adoptions generally benefit from greater emotional stability. They may be less likely to feel abandoned or rejected since they remain within their family unit. This stability is essential for their emotional well-being and may lead to better outcomes in terms of mental health, academic performance, and social relationships.

Conclusion

Kinship adoption is a compassionate choice that can enrich the lives of everyone involved. It offers a way to keep families together, preserve important bonds, and provide children with the love and security they deserve. As an adoption attorney, I am committed to supporting families through this process, ensuring that the best interests of the child are always at the forefront. If you are considering kinship adoption, we encourage you to explore this rewarding path and discover how it might benefit your family and your loved ones. Learn more about kinship adoption now.

Can I Surprise My Step-Parent With an Adoption of Me?

Wed, 10 Jul 2024 02:32:18 GMT

It is a natural inclination of many children to desire to be adopted by their stepparent. We are frequently asked if an adoptee can “surprise” their stepparent with an adoption as a gift. This is a heartfelt request and very meaningful for all involved. Unfortunately, the legal process doesn’t fully accommodate this option. The Petitioner in a stepparent adoption is the parent, not the adoptee, which is why filing papers to surprise the parent cannot happen.

HOW THE PROCESS WORKS

A stepparent adoption is an independent, or private, adoption that begins when the parties already know one another. It is important to note, you will need an experienced adoption attorney to facilitate the legalities and make sure that all the required steps are taken to comply with the adoption laws of your state.

TYPES OF STEPPARENT ADOPTIONS

Depending on your age and your stepparent's marital status, there are three different possible processes to facilitate a stepparent adoption:

Adult Adoption: If you are 18 years or older when your stepparent chooses to adopt you, this is the type of adoption proceeding that must be filed.

Second Parent Adoption: If your parent is in a relationship with, but not married to, your biological/legal parent, or if your parent and your biological/legal parent are a same-sex couple, second parent adoption paperwork must be filed.

Step-parent Adoption: If your stepparent is married to your biological/legal parent, this is what is known as a stepparent adoption.

THE ADOPTION PROCESS IN THE DISTRICT OF COLUMBIA, MARYLAND, AND VIRGINIA

While there are variances in the specific adoption laws in each jurisdiction, the general process is the same. Your stepparent is required to do the following:

1. Get consent from the noncustodial, biological parent, or if unable to do so, request that his or her parental rights are terminated (note that this process may be different if you are an adult adoptee).

2. File an adoption petition with the court, which can include a request for a name change.

3. Address the rights of any parent whose rights need to be addressed.

4. Official parental rights will be granted by a judge at a finalization hearing.

5. File for a new birth certificate that has the new adoptive parent's name on it.

BENEFITS OF BEING ADOPTED BY YOUR STEPPARENT

While having your stepparent formally adopt you is an endearing sentimental journey for you to cherish, there are also several practical aspects to it as well:

- In the event of an emergency, you may access one another's medical records and make important decisions for one another.

- You can be included in their will as a legal child.

- You can benefit from their social security benefits.

AN EMOTIONAL REPRESENTATION OF YOUR LOVE

While you cannot legally surprise your stepparent with the actual adoption paperwork, you can certainly make approaching the subject a special occasion. Pick out a beautiful card, serve a professionally decorated cake, take your stepparent out to dinner - the creative options for presenting this wonderful gift are endless. Whatever you decide, it can still be the best surprise of your stepparent's life.

Growing Your Family Through ART

Thu, 09 May 2024 13:12:53 GMT

Understanding Assisted Reproduction Technology Options

In the journey of family-building, assisted reproduction technology (ART) offers a beacon of hope for many intended parents. As an adoption and ART attorney with more than decade of experience, I've witnessed firsthand the transformative power of ART in helping individuals and couples fulfill their dreams of parenthood. In this article, we'll explore the various ART options available, shedding light on what each entail and how legal counsel can support you through this process.

Exploring ART Options: A Pathway to Parenthood

ART encompasses a range of medical procedures aimed at assisting individuals or couples in conceiving a child. For those facing challenges with fertility, ART opens doors to alternative pathways to parenthood. Here are some key ART options to consider:

1. In Vitro Fertilization (IVF): IVF involves fertilizing an egg with sperm outside the body in a laboratory. The resulting embryos are then transferred to the uterus, where implantation can lead to pregnancy. This method is often utilized by couples or individuals facing infertility due to various factors, including tubal issues, male factor infertility, or unexplained infertility.

2. Egg Donation: In cases where a person cannot produce viable eggs, egg donation offers a solution. Donor eggs, typically sourced from young, healthy individuals, are fertilized with the intended father's sperm or donor sperm through IVF. The resulting embryos are then transferred to the recipient's uterus for implantation.

3. Sperm Donation: Sperm donation is a viable option for individuals seeking to conceive. Donor sperm can be used in conjunction with various ART procedures, including intracervical insemination (ICI), intrauterine insemination (IUI) or IVF, to achieve pregnancy.

4. Surrogacy: Surrogacy involves a third-party carrier, or surrogate, who carries a pregnancy on behalf of intended parent(s). Whether due to medical reasons or personal choice, surrogacy provides a pathway to parenthood for individuals or couples unable to carry a child themselves. Gestational surrogacy, where the surrogate carries an embryo created from the intended parents’ or donors’ genetic material, is the most common form of surrogacy utilized today.

Navigating Legal Considerations in ART

While ART offers hope and possibilities, navigating the legal landscape is paramount to ensuring a smooth and legally secure journey to parenthood. As an ART attorney focusing on ART matters, I work closely with intended parents, donors and surrogates to address legal considerations every step of the way. Here are some essential aspects to consider:

1. Parental Rights and Responsibilities: Clarifying parental rights and responsibilities is crucial, especially in cases involving third-party reproduction. Legal agreements outlining parental rights, financial obligations, and future contact between parties provide a foundation for a secure family-building journey. Many States provide for pre-birth parentage options. Some state (ex: Virginia) have post-birth process. It is important to work with an attorney who is knowledgeable about the parentage process.

2. Surrogacy Contracts: For those embarking on the surrogacy journey, a comprehensive surrogacy contract is essential. This legally binding document outlines expectations, reimbursement or expenses repayments, and potential scenarios that may arise during the surrogacy process. This agreement will need to be drafted and reviewed by ART attorneys to ensure ensure that the rights of all parties involved are protected.

3. Donor Agreements: When utilizing donor gametes (eggs or sperm), a clear donor agreement is imperative to address issues of parental rights, anonymity (if applicable), and future contact between donors and resulting children. Legal counsel can help draft agreements that uphold the interests of all parties involved.

Seeking Professional Guidance

As you embark on your journey to parenthood through ART, seeking professional guidance is paramount. From understanding your options to navigating complex legal considerations, an experienced attorney can provide invaluable support and expertise. With a deep understanding of both adoption and ART matters, I am here to guide you through every step of the process, ensuring that your family-building journey is as smooth and legally secure as possible.

In conclusion, ART offers a multitude of options for individuals and couples seeking to grow their families. By understanding the various ART options available and seeking legal counsel early in the process, you can embark on your journey to parenthood with confidence and peace of mind. Your dreams of building a family are within reach, and I am here to help you navigate the path forward.

For expert legal guidance and support in your ART journey, don't hesitate to reach out.
Together, we can turn your dreams of parenthood into a reality.

Adoption After Pregnancy Loss

Wed, 14 Feb 2024 18:35:08 GMT

After a period of reflection, many expectant parents consider adoption after pregnancy loss

Pregnancy loss is a tragic turn of events for anyone. It often happens suddenly and unexpectedly, even when you have done everything you were supposed to do. In the wake of this devastating loss, it is not uncommon to wonder if you will ever be able to have the family you desire.

After a period of reflection, many expectant parents consider adoption after pregnancy loss. If pregnancy loss has resulted in the inability to have a safe pregnancy or has resulted in wanting to create your family through a different avenue, adoption can be a good option.

The adoption process, while challenging, can also be very rewarding. You’ll need to navigate the adoption process thoughtfully. The adoption journey looks different for everyone - it may involve working with an adoption agency, may involve the foster care system or it could be a journey you navigate on your own. The timeline for adoption varies case by case.

Is adoption after pregnancy loss right for you?

Let’s take a closer look.

Does a Pregnancy Loss Change the Adoption Process?

Each state has its own licensed agencies that are responsible for the home study process.

The adoption process does not change in any way based on your history of pregnancy. If you have attempted to grow your family biologically and have experienced a pregnancy loss or infertility, this may be a part of the conversation during the home study process, but is not a factor in whether or not you will be approved to adopt.

Knowing If You’re Ready for Adoption After Pregnancy Loss

There are no special rules when it comes to adoption after pregnancy loss. You can start on the process as soon as you feel ready by connecting with an adoption agency in your area. Another way to begin is to talk to an adoption attorney you trust about your needs and the ways in which you hope to build your family.

One of the most important things about adoption is timing. The adoption process takes time to get underway. This times allows for prospective adoptive parents to learn about the nuances of adoption and to build their support network and gather resources they need.

After losing a pregnancy, it is essential to take the time to mourn and feel the grief that comes with that loss. Allowing yourself to feel your emotions will help you connect with the inner strength you need for this next step.

Only you can decide whether now is the right time to adopt. If you have a partner, be sure you are both in agreement.

An Adoption Attorney Helps You on Your Adoption Journey

By starting your adoption process with advice from an adoption attorney you can rely on, it becomes easier to find the resources that are right for you. That includes help choosing an adoption agency that understands your needs and connecting with any local, state, and national programs that may help.

Modern Family Formation has helped thousands of families throughout Virginia, Maryland, and Washington, D.C. find their path through adoption or assisted reproductive technology. Contact us to get truly compassionate insight from an expert who cares about your success.

Do Pregnant Minors Have Parental Rights?

Thu, 23 Mar 2023 18:30:00 GMT

Wondering about parental rights?

When a child under 18 becomes pregnant, it’s often a traumatic experience. There are many difficult decisions. Depending on the maturity of the child and level of social support, it may be appropriate to explore putting the baby up for adoption or ending the pregnancy.

Concerned About Minors’ Parental Rights? There Are Few Easy Answers

Parental rights accorded to minors vary by state. In most states, the minor’s parents must be involved in any decision to terminate a pregnancy. On the other hand, even in states where this is the case, a minor is often considered to be the main or sole authority on decisions involving the newborn’s welfare.

States vary considerably in their approach, and even two states that sit side by side may have totally different laws. This being the case, it is easiest to understand minors’ parental rights by looking at the major questions they often face.

Let’s review some basics in Maryland, Virginia, and Washington, DC:

Can a Minor Parent Consent to Put the Newborn Up for Adoption?

In Maryland, Virginia, and Washington, DC, a minor parent has the legal power to put the newborn up for adoption without consent from the mother’s own parents. There is no requirement for third party involvement, such as court-appointed counsel, outside legal counsel, or parental notification.

Can a Minor Parent Consent to Medical Care for the Newborn Child?

In Virginia, Maryland, and Washington, DC, minor parents are explicitly provided with the legal right to consent to medical care for the newborn child. There are 30 states where this is the case. On the other hand, 20 states have no explicit policy.

Can a Minor Parent Terminate a Pregnancy?

As of the time of this writing, 37 states require consent of the minor’s parent before a pregnancy can be terminated. Some states require parental notification, but do not require the parent to consent. A few states allow for alternatives such as the notification of a grandparent or other responsible relative.

In Virginia, parental notification and consent are both required. In Maryland, parental notification is required. In the District of Columbia, no explicit law provides any requirements for either consent or notification – effectively, this places the decision-making responsibility with the minor parent.

Minors’ Parental Rights to Make Decisions for Their Children

Parental rights extend to a variety of situations. They are broadly divided into physical custody, the right to have the child live with the parent, and legal custody, the right of the parent to make decisions about the child’s health, education, and upbringing. Those legal custody rights include:

The right to make decisions about medical treatment on the child’s behalf
The right to enter into a contract on a child’s behalf (for example, child actors)
The right to pass property to the child through gifting or inheritance
The right to make decisions about the child’s education and moral upbringing

Adult caregivers, such as the minor parent’s own parents, often provide a great deal of support to a pregnant minor and any resulting children. However, this material support doesn’t confer a parental right on its own. Only a court can vacate or confer parental rights.

For example, it is rarer for the parental rights of a 17-year-old to be vacated than for the rights of a younger child to be vacated. Even if everyone agrees, the matter must be brought up in family court.

Do you have more questions about parental rights? Jennifer Fairfax is an experienced, compassionate family law attorney who can help in difficult times. Contact us today for personalized advice.

Selecting Gender in Adoption

Wed, 08 Mar 2023 19:30:00 GMT

Are you wondering about gender in adoption? Gender in adoption is an interesting and sometimes complicated topic any aspiring adoptive parent should know a little bit about.

When parents undergo fertility treatments, it may be possible to select the gender of the baby. But what about gender in adoption? It depends on your needs and the adoption agency you work with.

To make sure an adoptive placement is in the best interest of a child, you will work with a licensed adoption agency. Typically, this means an agency in your own state. In cross-state or international adoptions, an out-of-state agency may even collaborate with a local agency to help you.

Whatever the case, your options for gender in adoption may vary based on adoption agency policies.

Can I Choose the Gender of a Child in Adoption?
Some parents have strong feelings about the gender of a child, and this holds true for adoptive parents as well. If this is very important to you, you may have the chance to develop a gender-specific adoption plan with your adoption agency of choice.
It’s crucial to make your expectations and goals known upfront. Most adoption agencies understand and will gladly work with you for a gender-specific adoption plan. Others may not have anything in place that would allow them to serve your needs effectively.
It’s very rare for an adoption agency to decline to work with an adoptive parent or parents as a result of wanting to adopt a boy or a girl. If that should happen, however, there will be many other agencies you could work with instead. It is essential to find one that’s fully supportive of your perspective.

The most common way for adoptive parents to choose the gender of the child in adoption is for them to participate in the foster care system. However, it’s not necessary to be a foster parent to choose gender. A significant portion of domestic adoptions annually involve adoptive parents with a gender preference.

When working with an adoption agency for the first time, you’ll be able to make all of your preferences known. For example, you may be open to adopting a child with special needs. A trans-cultural adoption, where adoptive parents and children are of different cultural background, is another common scenario.

All families are different, and there are no expectations you need to worry about.

Does Gender in Adoption Change the Adoption Process?
The desired gender of your adoptive child may sometimes influence which adoption agency you end up working with. However, it makes no impact on the legal process of adoption. The process is the same no matter the gender of the child or the gender of the parent or parents.

Adoption is uniform throughout the United States to ensure children are fully supported throughout the process, no matter what route they take on their way to their forever home. If you adopt a child from a second country, there may be additional stipulations to know about.

As a general rule, girls are put up for adoption more frequently than boys. At the same time, girls make up the majority of children who are adopted in any given year. If your heart is set on adopting a boy, it may take slightly longer, in some cases, than adopting a girl. But adoptive parents agree: The work and wait is worth the effort to complete your family and start your future together.

Whatever your vision for your future family is, Modern Family Formation is here to provide compassionate help and expert advice. Contact us today to find out more or get started.

What is Adoption Assistance?

Thu, 23 Feb 2023 22:30:00 GMT

Each year, about 135,000 children are adopted in the United States. A significant portion of these have some form of special need. Special needs can arise for many different reasons not limited to disability. Whatever the case, special needs children often require exceptional care, and that can be costly.

Love and acceptance are the most important parts of any adoption process. At the same time, parents want to feel confident they will sustainably meet their child’s long-term needs. To ensure special needs adoptions are not limited to the very wealthy, there are benefit programs adoptive parents can access.

Each state maintains its own adoption assistance program.

Understanding Adoption Assistance and Adoption Subsidy

Adoption assistance, also known as adoption subsidy, provides financial assistance and access to special services for children with defined special needs. Kids with a physical, mental, or developmental disability make up the majority of those who qualify.

By the time a child enters the child welfare system or goes up for adoption, he or she has usually already been identified as having special needs. Information about the needs is provided to prospective parents. It’s important for parents make a fully informed decision.

If a parent or parents should decide to adopt a child with special needs, then they may become eligible to access adoption assistance on the child’s behalf. The assistance is not provided until an adoption is fully complete and parental rights are conferred on the adoptive parents.

Adoption Assistance Compared to Other Benefits Programs

Adoption assistance programs are defined by federal law and operated on a state-by-state basis. They require the parents to be state residents. If you move to another state, you will usually need to reapply, and benefit amounts and classifications are sure to vary.

Adoption assistance is distinct from any other benefit or program your family may qualify for on the federal level. For example, a child might qualify for SSI, or Supplemental Security Income, through the Social Security Administration. This money helps defray the cost of medical care and living expenses.

SSI is intended for children and for adults whose diagnosed medical conditions make it difficult for them to work and interfere with a defined set of Activities of Daily Living (ADLs). If your family qualifies for a state adoption assistance benefit, you might also qualify for this or other programs.

Qualifying for Adoption Assistance

In addition to physical, mental, emotional, and developmental disabilities, some other factors may enable a child to receive adoption assistance. These include:

older age at the time of adoption (five years or older)
minority racial or ethnic background
being in a sibling group of two or more placed in the same home
A “guarded prognosis” with potential future health problems or other issues

The amount of assistance varies by state and according to the child’s needs. The assistance package typically includes a monthly maintenance payment, access to some childcare, and Medicaid eligibility. Some states are straightforward when it comes to providing precise details; others are not.

As a result, even an adoption agency may not be able to tell you exactly what a child may qualify for.

A local family law attorney can help you get specific information from state agencies. When your family law attorney coordinates with the adoption agency on your behalf, it becomes that much easier to make sure you have full documentation of a child’s special needs and can apply for assistance promptly.

Modern Family Formation has helped thousands of families complete successful adoptions in Maryland, Virginia, and Washington, DC. Contact us today for insight into your family’s unique situation.

My Friend Wants to be My Surrogate - Now What?

Thu, 09 Feb 2023 22:14:00 GMT

When you are using the help of a surrogate to grow your family, having a good relationship is key. Most surrogates are retained through a private service that makes introductions between surrogates and the prospective parents. There may be several rounds of interviews to get to know each other.

Having a friend serve as your surrogate is more unusual, but it may lead to great outcomes for your family. Because of the existing relationship, it is much easier to set the stage for a pregnancy free of misunderstandings and conflict. That also helps welcome your child to the world with greater peace.

The Role of the Surrogate

The surrogate carries a child to term on behalf of an adoptive parent or parents. Surrogates are most often used when the female partner has health concerns that make a pregnancy risky or impossible. A surrogate may be impregnated with egg and sperm cells from the couple or from donors as needed.

In most cases, a friend volunteers to be a surrogate after hearing about the adoptive parents’ family-building journey. Following this path together can deepen and strengthen the relationship, and may create an extended support network for the future child.

As soon as a newborn comes into the world, the adoptive parents file paperwork to transfer parental rights. In most cases, the surrogate isn’t involved in the child’s life after birth. But this may not be the case when the surrogate is a friend. There could be a long-term relationship that enriches everyone.

Health and Safety of the Surrogate

Whenever parents enter into an agreement with a surrogate, the surrogate’s health and safety will be partly the responsibility of the parents. They agree to take on any medical expenses directly related to the pregnancy. In exchange, they can set expectations about diet or other wellness practices.

As women age, pregnancy complications are more likely. However, the majority of these come from the gradual deterioration of the egg cells. In vitro fertilization means an embryo can be formed using eggs from the mother or from another suitable donor, so it is okay if a surrogate is in her 30s or older.

Making the Right Choices About Surrogacy with a Friend

When a friend wants to be your surrogate, the natural response is to give an excited “yes!”

Of course, it’s still important to take the right steps to protect yourself and your future child. Just as you would with another surrogate, you should request healthcare records so you feel confident. A check-up by a general practitioner and visit with an ob/gyn fertility specialist can both provide valuable insights.

Once you feel sure your friend is healthy enough to proceed, you should come to an agreement on the terms of the relationship. For example, will you compensate your surrogate on top of healthcare costs? Will you have any special expectations, such as modifying or discontinuing certain medications?

Sometimes, when friends look closely at all the details that go into surrogacy, they decide on their own that it isn’t right for them. That’s okay! Your friend can still be a valuable part of your support network throughout the pregnancy and after you welcome your child into the world.

If everyone involved feels good about moving forward, then it’s essential to talk to a family law attorney. Your lawyer will help you develop your mutual understanding into a contract. A contract does not mean you don’t trust each other. It simply sets out rights and responsibilities so everyone is in full agreement.

What to Expect Post-Birth in a Surrogacy Arrangement?

Tue, 24 Jan 2023 19:30:00 GMT

A surrogacy arrangement describes any legal arrangement where a surrogate mother carries a pregnancy on behalf of an intended parent or parents. Surrogacy can take many different forms.

No matter how the pregnancy begins, the role of the surrogate mother is to carry the baby to term. The parents are often closely involved in the life of the surrogate throughout. Likewise, the parents generally take on responsibility for all of the surrogate’s medical bills related to the pregnancy.

The surrogate, in turn, may agree to particular restrictions, such as avoiding certain foods or activities for the duration of the pregnancy. It is in everyone’s best interests for the surrogate to get the best of pre-natal care. A happy, healthy baby is the result. But what happens then?

Let’s take a closer look.

What Happens Immediately After Birth in a Surrogacy Arrangement

The intended parents may or may not be biologically related to the newborn child, but it is understood that he or she is a new member of the family. To make this official, it is usually necessary to sign off on the parentage documents either before or after the birth as directed by your attorney.

Executing the parentage documents ensures that hospital staff are empowered to help the parents. For example, it means the parents are entitled to time with the newborn and arrangements will be made to meet that need and for the baby to be discharged to their care.

Often all required court hearings are already taken care of if it was handled pre-birth, and there is little to no chance of any paperwork issues. For post-birth cases, it can take a few weeks for all the paperwork to be processed.

Your ART attorney is one of your biggest allies at this stage. The attorney continues to monitor the status of the arrangement and other paperwork while you focus on spending time with your new family member.

The Surrogacy Agreement Helps Everyone Know Where They Stand

Before the pregnancy begins, the intended parents and the surrogate will sign an agreement that states exactly what the expectations are on both sides. This is typically the last step in choosing a surrogate, as the agreement begins the legal relationship needed.

The surrogacy agreement spells out the requirements each party must abide by, including what happens following the birth. Since the parents and the surrogate must all sign, there is little room for misinterpretation later.

Surrogate mothers might have no further part in the child’s life after the birth. Or they may be allowed some form of updates or contact. Even if contact is not agreed to, it’s important to decide whether the child will ever be told about the surrogacy agreement later on in life.

Having a clear and comprehensive surrogacy agreement early on enables you to maintain a strong relationship with your surrogate. It’s crucial not to leave any aspect to chance. Oral agreements will rarely help in court. Surrogacy contracts usually go through several rounds of input from both sides.

Our Law Offices Can Help You Craft the Best Surrogacy Agreement for Your Family

To discover more about the surrogacy process, contact us today for a free consultation.

Packing Checklist to Pick Up Your Adopted Baby

Tue, 10 Jan 2023 19:30:00 GMT

You may have prepared for this moment for months or even years. But getting the call that it’s time to pick up your newborn can still come as a surprise. You may have only a few hours of notice before you need to get moving. Even if the drive is short, it can feel like the most important trip of your life!

It’s okay to worry. After all, the adoption trip is such an important part of your first impression and first moments with the newest member of your family. But you’ve got this. Remember everything that came before and led up to this beautiful moment. You’ve handled everything so far – and this is so worth it.

The sooner you get started packing to pick up your adopted baby, the better.

Let’s take a peek at some supplies that aren’t to be missed on your big day:

Car Seat

A car seat is an absolute “must have.” If you’re picking up your child from a medical facility, they may not release you to leave unless you have a suitable car seat. Remember, not all car seats are designed for accommodating newborns. This could take some research.

Clothing (for Everyone)

Depending on how far you’re traveling, it may be essential to pack an assortment of seasonal clothes for yourself. For your baby, at least two seasonal outfits plus pajamas should be selected for each day you expect to be away or on the road. Cover a range of sizes from newborn to three months.

Bottles and Formula

Before setting out, consult with your pediatrician about formulas and bottle feeding. Only an expert can point you in the right direction when it comes to healthy formula that truly meets your child’s needs. What’s more, they might even be able to provide free, travel-sized samples!

Diapers and Wipes

Newborns average about twelve diapers a day over the first month, and you may use anywhere from 2-4 wipes per diaper. Ultimately, that works out to more than 300 diapers for the first month alone. After the first month, usage goes down about 20% -- but always get more diapers than you think you’ll need!

Portable Crib

Although newborns have a reputation for keeping the house awake, they actually spend much of their time dozing. In fact, they should get about 14 to 17 hours of sleep every 24 hours. Some may sleep as much as 19 hours a day. Prepare them the perfect place to take those naps before they arrive home.

Medication

Prior to picking up your newborn, fill any medication prescriptions you need. It could be hard to find time to pick them up later. Also update your supply of over-the-counter remedies for headaches and other common ailments. Keep these safely out of reach of your newborn, of course.

Snacks

Your trip to pick up the little one may be long and exhausting. Baby is too young for snacking, but the adults will need something to keep their energy up, especially if meals are missed. Seek out low sugar, high protein snacks that will keep your energy levels higher for longer periods of time.

Folders and Paperwork

Your adoption attorney can let you know exactly what paperwork you will be expected to present when it is time to meet your baby. Get a list in advance – then check and double-check that list before you go. While any paperwork can be reproduced later, missing something could cost delays.

Known Sperm Donor Agreements; Why Do They Matter?

Tue, 20 Dec 2022 18:48:00 GMT

A known sperm donor agreement (“KspDA”) is used when prospective parents want to make an agreement with a person known to them for sperm donation services. Sperm donation helps parents conceive in any case where the male partner is infertile or among same-sex female couples. Thus, one common use for known sperm donors is when a woman with a female partner wants to ensure she is closely biologically related to their future child. A male relative’s sperm may be used with the partner’s egg. Couples may also choose to conceive using a sperm donation from a close family friend.

Although there are often deep and long relationships involved with a known sperm donor, that doesn’t mean you shouldn’t also have legal protection. A known sperm donor agreement helps you ensure your relationship remains close by spelling out the expectations on both sides of the donation.

What Is Included in a Known Sperm Donor Agreement?

The process of donating sperm is less intensive and medically demanding than the process of donating an egg, and certainly less than carrying a child as a surrogate. Still, it is a weighty decision that has life-long repercussions. Donors understand they are making a unique contribution to a family.

With that in mind, a known sperm donor agreement helps settle any questions or confusion before the donation is made. The agreement will specify whether the donor receives reimbursements, whether he’ll be expected to get any kind of medical screening or check-up, and so on.

The prospective parent or parents, on the other hand, generally affirm they will pay any medical costs related to the donation and reimburse him for expenses. In order to maintain viable sperm, they will work with a fertility clinic or sperm bank, which may charge various fees. Naturally, the donor is not responsible for these costs.

Another aspect covered by the known sperm donor agreement is future access and contact. Men have a variety of concerns in this area. Some may wish to be a part of the child’s life. No matter what, it benefits them to have assurances they will not be expected to pay child support or be considered a parent of the child. The known sperm donor agreement may spell out the relationship the donor is invited to have, such as whether the child will be informed about the donor’s role when older. Depending on the laws in a given state, the sperm donor may need to formally waive parental rights so the child can be adopted by the prospective parents. The known sperm donor contract may note that he agrees to do so.

A Known Sperm Donor Agreement Protects Everyone

No matter what the relationship was like before, miscommunication can lead to disagreements between the prospective parents and the known sperm donor. With an assisted reproductive law attorney’s help, everyone works together to craft an agreement that’s clear and fair.

These agreements often go through several rounds of revisions as the donor and parents talk about the different issues that might arise. Similar agreements can be drafted for egg donors, surrogate mothers, and other contributors to the family planning process.

In the end, this leads to a more stable future for the child.

Our law offices Can Help You With a Known Sperm Donor Agreement

A known sperm donor is usually someone very close to you. Without a written agreement, issues can develop, severing an important bond that means so much to your child and family. Protect important relationships by partnering on a known sperm donor agreement.

What You Should Know about Birth Fathers’ Rights

Tue, 06 Dec 2022 19:30:00 GMT

It’s often assumed that when it comes to matters of family planning, fathers have few rights. However, this is not the case. In all U.S. states and territories, the law spells out the rights of a child’s biological father, also called the birth father. This remains true in cases of adoption.

Even if the birth father is separated from the mother and the mother petitions to have a child adopted by a second parent, the court will want to ensure that the father’s rights are respected. This takes place in many states even when the birth father does not know about the child.

That said, the rights of the birth father and precisely how they will be enforced vary from one state to the next. Likewise, even though the court will often act immediately to protect a father’s rights, he must also act on his own behalf if he wishes to participate in the adoption process, or contest the matter.

For specific advice about your situation, you should consult an adoption attorney who understands how it all works in your state or territory. Still, there are some general guidelines that help you know what to expect in case an adoption petition is made that affects your parental rights.

In Cases of Second-Parent Adoption with a Named Birth Father

A second-parent adoption takes place when a custodial parent seeks to have a child adopted by another adult who is not biologically or legally related to the child. In order for a second-parent adoption to take place, the non-participating biological parent must relinquish parental rights or have them terminated.

A court may terminate parental rights in cases of extreme wrongdoing, neglect, abuse, and so on. More commonly, the parent who wishes to pursue second-parent adoption will attempt to negotiate for the other parent to voluntarily waive parental rights. This requires a court hearing.

As a biological father, you are never required to waive your parental rights. However, the court may find it is in the child’s best interest to terminate those rights based on a number of factors. A determination is based on involvement in the child’s life, support of the mother during her pregnancy, ability to provide a safe, stable home, having steady employment, prompt payment of any court-ordered support, and more.

If the Birth Father Is Unknown

States and territories vary significantly in what’s required when the birth father is unknown. It may fall to the mother to make a good faith effort to identify the father. If she cannot locate him, notice may be done through public notification of the intention to have the child adopted, typically done in a local newspaper.

If the birth father remains unknown and no one comes forward, then the adoption is often allowed to proceed after a waiting period. Courts may mandate three months, six months, or more for the father to step forward.

If the Biological Mother Claims the Male Parent Is Not the Birth Father

There are certainly families in which the male partner or husband is not the biological father and is not aware of the fact. However, a court will not usually terminate parental rights on this basis alone. If the male parent is involved in providing care and support for the child and has held himself out as parent with the consent of the mother, he’ll be able to argue in favor of his rights.

Likewise, claims of parentage are simply that, claims. A male parent can choose to voluntarily take such a test, and courts may even compel the other parent to provide any necessary DNA samples to make it possible. It all depends on the facts of the case.

What is ICPC and How Does it Work?

Tue, 22 Nov 2022 19:30:00 GMT

If you are pursuing adoption, you might already have heard about ICPC. If not, this will become a part of your adoption journey if you find yourself adopting a child who currently resides in a different state.

What Is ICPC?

The ICPC is the Interstate Compact on the Placement of Children. This is a set of rules honored by all 50 states as well as the District of Columbia and the U.S. Virgin Islands. It allows authorities from multiple jurisdictions to work together when necessary to ensure a safe adoption placement.

The ICPC was established after pioneering research in the 1950s helped uncover problems that can occur when children are placed out of state for foster care or adoption. Researchers found there was no way for a “sending state” to ensure that a “receiving state” provided adequate care for a child in need.

As the name suggests, the ICPC is only relevant in cases where an adoption crosses state lines. This applies to a minority of cases, but it is important to know about in case it affects you and your family.

How Does ICPC Work?

All states and territories that adhere to ICPC have their own regulatory body that oversees all related responsibilities. The structure may be different from state to state, which affects how long it takes for families to have out-of-state placement requests reviewed.

For example, there is a single centralized governmental body for out-of-state placement requests in Maryland, Virginia and the District of Columbia. In some other states, responsibility may be deferred to the county or municipal level. Regardless, each state has a process to review 100% of relevant requests.

The overall goals of the ICPC include:

Ensuring that children are placed in a suitable environment

Ensuring “sending states” can assess a requested placement

Ensuring these states receive adequate information to do so

Guaranteeing appropriate legal protections for the child

This means every interstate adoption or foster care arrangement will be a little bit different depending on the states involved and what their laws require. It’s not possible to know in advance how every one of the combinations will work, but you’ll get help through your adoption attorney.

How Does ICPC Impact Adoptive Parents?

Even though the details vary, the overall effect of ICPC is easy to explain.

When you adopt a child from a different U.S. state or territory, you agree to be bound by the rules of both. There are three major impacts this frequently has, and an adoption attorney helps with them all:

The Adoption Process May Be Longer

Since each state has different processes and procedures, the overall adoption process can take longer. With an added week here and there, the difference is often measured in months. However, since the states have a framework for cooperating, cases cannot simply be forgotten or slip through the cracks.

There May Be Additional Court Hearings

With twice the oversight, it is possible there may be additional court hearings. It wasn’t that long ago when twice as many courthouse visits was not uncommon while courts now will try to consolidate the hearings so you only have to attend one hear during the entire process.

The Home Visit May Be Different

The home visit is where adoptive parents tend to see the biggest impact from ICPC. Some sending states will accept a report from a social worker from the receiving state, while others may arrange for further visits or additional oversight. The adoption agency may take a bigger role than usual in these cases.

Contact Family Formation Law Offices today for compassionate advice from an interstate adoption expert.

Why Hire an Attorney in My Home State to Assist Me With Surrogacy?

Tue, 08 Nov 2022 19:32:00 GMT

Even if you know someone who has agreed to serve as a surrogate mother for your future child – and even if that person doesn’t reside in your state – it’s still essential to find an attorney you can trust to help you through the process in your home state.

Whether pursuing surrogacy, there are many different steps you need to take in order to comply with the law. At the same time, you deserve to have the help of compassionate experts who want to help you build the best environment possible for your growing family.

A surrogacy attorney can be one of your most important allies, no matter what the journey looks like for you. But it’s reasonable to ask, “Why do I need an attorney? Won’t that just make the whole thing more complicated?” We understand, and we’d like to help you make an informed choice with confidence.

Let’s take a closer look at exactly how the right surrogacy attorney can help you:

You’ll Need a Surrogacy Contract to Help Manage Your Relationship

The relationship between Intended Parents and a surrogate mother is something truly unique. It involves a wide range of rights and responsibilities that all must be spelled out in advance. Your attorney helps you understand the relevant issues and make choices that protect you and your family, especially in the event a disagreement arises between you and the surrogate later on.

An Attorney Will Help You Protect Any Money Invested in Surrogacy

During surrogacy, the Intended Parents are usually responsible for all of the surrogate’s bills related to prenatal care and fertility treatments (if any). Parents may also agree to cover other expenses, such as travel, or provide a set amount of compensation. Even with a surrogate you know well, you should not provide these payments in cash. Instead, they should be discussed with your attorney and disbursed consistent with a gestational carrier agreement.

Your Attorney Will Prepare You for Necessary Legal Filings Along the Way

Even with the best of intentions, it’s possible for a simple oversight to add complications to your whole surrogacy process. An experienced assisted reproductive attorney (also known as a surrogacy attorney); who has been through the process in your state makes it far easier. Your attorney is always looking ahead to the next bend in the road so you’ll be ready for filings and hearings in advance, including the filing necessary on the same day your surrogate gives birth.

An Attorney Offers Emotional Support and Practical Guidance in Hard Times

As the Intended Parent, there may be times when you need to make challenging decisions about the care of the surrogate and of the growing fetus. These can be emotionally charged moments even in the best of times. With an attorney at your side, you have options even if you find yourself facing a rare and fraught situation, such as illness of the surrogate or a breakdown of the surrogate relationship.

An Attorney Can Help You Ensure Your Adopted Child Comes Home Without Delay

Although the surrogacy process is unique, it often entails the same milestones as other forms of family building. With an attorney who can map things out for you, you’ll always be on the right path and never get caught by surprise. Then you can focus your energy on spending time with your child and forging family ties.

What You Should Know to Avoid Adoption Scams

Tue, 25 Oct 2022 18:30:00 GMT

Recent changes in the social and legal landscape make adoption scams more likely than ever before. If you are considering adoption, it’s crucial you take the right steps to protect yourself and your family. A scam can be highly convincing, and scammers prey upon people with good intentions.

What Kinds of Adoption Scams Exist?

One common adoption scam is when the would-be adoptive parents are approached by someone who is not actually pregnant. The fraudulent “birth mother” asks for financial support and may fabricate details of doctor visits including providing a fake sonogram picture, only to disappear after a few months pass by.

Another adoption scam is related to international adoption. You may be contacted by an overseas group that is not qualified to organize adoptions. This type of fraud relies on the language barrier and difficulty getting clear information to extort fees from prospective parents while offering nothing in return.

More rarely, adoptions can fall under additional legal scrutiny because, despite having pure intentions, the birth mother or others do not follow required steps. This can happen, for example, when a person wishes to make an adoption plan but does not make the necessary legal steps to ensure it is legal and ethical.

Six Tips to Avoid Adoption Scams

Luckily, you can take the right actions now to avoid adoption scams. The sooner you recognize a scam, the easier it is to prevent it from causing any delay or damage to your plan to adopt a child. During the adoption journey, be sure to keep these tips in mind:

Choose Trusted Adoption Professionals

For a successful adoption, you need the right experts in your corner. That starts with an adoption attorney in your area. With the help of a qualified adoption attorney, you can get contact details on adoption agencies known to provide a safe and supportive experience for everyone involved.

Know Your Prospective Birth Parents

Depending on the type of adoption you have planned, you may have a life-long relationship with the expectant and birth parents. Lay the foundation of a healthy relationship now by getting to know them, establishing expectations and boundaries so you can work together throughout the adoption and your child’s life.

Take Notes Along the Way

When a scam is taking place, the person trying to deceive you will certainly contradict themselves at some point in the process. Take notes in meetings with birth parents and adoption professionals where possible. Never record a conversation without explicit consent of everyone being recorded.

Be Cautious of Financial Transfers

As with anything else in life, you should never pay cash for anything related to your adoption and its associated expenses and ideally any expenses should be paid through your agency or attorney unless they direct you otherwise. Money should always pass through a trusted intermediary such as an adoption attorney or agency.

Be Alert to Any Ongoing Scams

Like other types of scams, adoption scams come and go. Today’s digital technology makes it simpler for new scammers to launch potentially dangerous schemes. Your adoption attorney is a trusted guide you can come to for information and advice on what to look out for in your situation.

Double-Check the Credentials of Any Adoption Agency

An experienced adoption agency tends to be better able to provide services. New agencies do arise from time to time, but be sure they are fully licensed and legitimate in your state. Contact the State Licensing Specialist for your state to learn any pertinent details about a private adoption agency before you begin. Always ask “are you a licensed child placing agency?” which is a yes or no question. If yes, proceed with your due diligence on the agency. If the answer is no (or anything other than a clear yes) then contact an attorney in your state before proceeding.

The right attorney smooths the path to a faster, less stressful adoption.

What is Artificial Twinning and Why is it So Controversial?

Tue, 11 Oct 2022 18:30:00 GMT

Artificial twinning is a term you may hear if you are planning to introduce a child or children into your family who are of similar age. For example adopting two children close in age at the same time born to different birth parents. Though it is controversial, all families should make their own informed decisions about artificial twinning.

What Is Artificial Twinning?

It can be confusing to look for information on artificial twinning because there are several very different definitions, all of them in use from different sources. “Artificial twinning” is not a subject state adoption agencies generally publish an opinion on, but you may hear about it from adoption agencies and others.

Artificial twinning occurs when you adopt a child who is within nine months of age of another child in your family, whether adopted or biological. The similarity in age may seem to help the children to get along better in the short run, but conflict can arise during various developmental milestones.

Artificial twinning is considered especially risky when the newly adopted child is older than the current child. This is called “birth order disruption” and can lead to resentment.

Why Is Artificial Twinning Controversial?

Artificial twinning is entered into with the best of intentions, but it can sometimes create challenges for both the parents and children, especially as kids grow up. Some social workers feel it disrupts the place of the child already in the family, raising the risk of negative outcomes.

One concern that can influence the mental health of artificial twins is comparisons that arise between them. Even when the home environment is very supportive, these “twins” will be compared regularly when they interact with their peers, their teachers, and other adults outside the family despite not being genetic twins.

When the children involved are young, artificial twinning also raises the possibility of concealing the facts of one child’s adoption from both children. This is often seen as a way to help each younger member of the family stand on an equal footing, but it might have unintended long-term effects.

In adulthood, some adoptees have said that being artificially twinned was a source of distress in their childhoods and made it more difficult to come to terms with their identity as an adopted person once it was time to develop their own perspective outside of the family that raised them.

Likewise, children who start out in similar developmental phases may diverge in the teen years, even if they are only eight or nine months apart. This often raises questions and creates distress.

If you are adopting a child from another country, many experts caution you to carefully consider the adoption approach that will work best for you. Cross-cultural artificial twinning may draw attention from adults and children outside the family. That might foster conflict at school and other environments where parents have limited influence, potentially raising questions for adopted youth.

An Adoption Attorney Can Help You Make the Right Choices for Your Family

The points raised by adoption agencies and others about artificial twinning all have the same goal at heart: A positive, healthy experience for every child, where they enjoy loving attachment within their family. Each family is different, so exactly how that looks will vary for everyone. Contact us today to learn more about growing your unique family through adoption.

Adoption Post Placement Visits: What You Should Expect

Thu, 22 Sep 2022 18:30:00 GMT

During the adoption process, prospective adoptive parents will go through a variety of steps to help the state ensure they are creating a safe and supportive environment for a child. No matter whether you’re adopting as a single person or a partnered couple, these steps are very similar.

That said, every state has its own specific adoption regulations and standards. One thing that not all states do exactly the same is post-placement visits. In fact, there are some states where post-placement visits are rare. When you’re adopting in Virginia, Maryland, or Washington DC, it’s important to know about them.

What Is a Post-Placement Period?

After a child is placed with an adoptive home, states can designate a specific post-placement period in which the state continues to be closely involved with the child’s life. You might think of this as a kind of probationary period, when the state can make additional determinations about the placement. The goal is to ensure the family is adjusting well to the placement and to offer services and support during the early period after the baby has entered the home.

The post-placement period varies by state, but usually won’t vary from one adoption case to another. You will receive information about the post-placement period once your adoption has been approved. Information will generally come directly from the state agency in charge of adoption and foster care.

What Is a Post-Placement Visit?

A post-placement visit can take place any time during the post-placement period. Most states do require that you receive some advance warning, though there are some where visits can be unannounced. Post-placement visits are similar to the home study that a qualified social worker does before placement.

During a post-placement visit, you will usually be visited by one qualified social worker. He or she may interview members of the family together or separately. One of the principal goals of the visit is for the social worker to observe the emerging family dynamic and offer support and guidance as the family solidifies its bond.

How Can I Prepare for a Post-Placement Visit?

In states where they are performed, post-placement visits are required in order to finalize an adoption. During the post-placement period, you should do your best to be ready for a visit at any time. Be sure your home is clean, safe, and organized. Know your obligations and be ready to make time for a visit.

In effect, you should prepare for a post-placement visit the same way you prepared for your home study. This simply means being ready to “put your best foot forward.” As long as you’re already doing your best to support your child, you do not have to make big changes to the home environment!

What Happens After a Post-Placement Visit?

Following a post-placement visit, the social worker will file a post-placement assessment with the relevant family court. Depending on the state, this may signal the time to schedule a hearing. During the hearing, adoption placement will be reviewed by a judge. Typically, the adoption will be finalized if all post placement requirements have been met.

If the post-placement visit results in an adverse finding, then the court may make further stipulations about finalizing the adoption. You may need to follow additional recommendations and expect another follow-up visit. It’s very rare for a child to be removed from a home following a post-placement visit!

Naturally, you are allowed to speak on your own behalf during any court hearing related to your adoption but having an attorney is the best approach.

Let Us Help You and Your Family Prepare for the Final Step in Your Adoption

The post-placement visit is typically the final milestone in an adoption journey. We have helped thousands of families across Maryland, Virginia, and Washington DC achieve success together. Contact us today to find out more.

Egg Donation Contracts, Why Should You Have One?

Thu, 08 Sep 2022 18:30:00 GMT

Egg donation happens when a donor gives her eggs to another person(s) to allow the recipient to become pregnant or to use with a surrogate. An egg donor may be someone known to the recipient or could be connected through the IVF clinic or an Egg Donor Program.  To donate, the donor must be given medication to develop multiple eggs over a single cycle.

Egg donors can range in age anywhere from 18 to 34 years of age, but it is not unusual for Intended Parent(s) to seek donors aged 25 or younger. To make sure that the rights and responsibilities of both parties are fully understood, an egg donation contract is essential.

What Is an Egg Donation Contract?

An egg donation contract clarifies the agreement between the egg donor and the egg recipient.

The contract is usually developed by the recipient in partnership with an ART attorney. In some cases where a fertility clinic is used as an intermediary, the clinic may provide “boilerplate” contracts that should be adjusted to meet the needs of the recipient.

Before an egg donation takes place, the donor is given sufficient time to review the contract and Intended Parents will cover the cost of an attorney to do a review with her.

What Does an Egg Donation Contract Include?

An egg donation contract is usually simpler than a surrogacy contract, but it is still important to make sure you get advice from an ART attorney. Every egg donation situation is different. The contract protects your interests like no other resource can.

Let’s look at some of the topics typically covered by the egg donation contract

Future Contact

Will the egg donor have any future part in the child’s life? Just as with adoption, questions often arise about anyone who contributed to a child’s birth. Of course, it is up to the parents how to handle it. A donor may remain completely anonymous and never have any information disclosed. Conversely, the contract can spell out that the donor can get updates and photos if the parents agree.

Travel Expenses

Fertility care requires in-person treatment at a clinic. It may take several cycles of medication and egg collection before donated eggs can be provided to the recipient. It is a wise idea to get a sense of the potential travel costs and figure them into your budget. Donors generally expect recipients to defray these costs, either immediately or after being provided with receipts.

Timelines

Fertility care timelines vary. Even when a donor is very healthy, there is no way of knowing in advance exactly how long each phase of the process will take. Still, informed estimates can be made with help from the healthcare team. Including prospective timelines in the contract helps both sides understand when things are not going according to plan so that changes can be made.

Privacy

Donors will usually consent to provide health information related directly to fertility care, and allow the recipient access to records related to that care. Because this information is protected by federal law, it’s critical to have all permissions expressed in writing.

Other Considerations

Both the recipient and the donor may have other considerations to add to the egg donation contract. Although the text usually starts with the recipient, the donor can make suggestions. The donation only goes forward when both sides are comfortable.

Having clarity around your egg donation contract ensures a better relationship with your donor and a happier outcome for everyone.

What is a Surrogacy Hospital Plan?

Thu, 25 Aug 2022 18:30:00 GMT

Surrogacy is a long journey for both the Intended Parents and the surrogate mother. It takes much longer than nine months – many Intended Parents work toward the dream of growing their family for years.

When the big moment finally arrives and the baby is nearly due, there’s one more significant step you need to take to ensure everything goes smoothly at the hospital: A surrogacy hospital plan.

What Is a Surrogacy Hospital Plan?

A surrogacy hospital plan is an agreement between the Intended Parents and the surrogate that covers a wide variety of details of the birth experience. This agreement not only helps to set expectations, but informs the healthcare team (usually a traditional hospital staff) about their roles.

This is important because not all hospitals are experienced with surrogate births. A surrogacy hospital plan provides a blueprint for them to follow throughout the delivery and in hours and days to follow.

How to Write a Surrogacy Hospital Plan?

Like other agreements during the surrogacy journey, surrogacy hospital plans take the form of a written contract all parties agree to. Developing one starts during the drafting of the Surrogacy agreement and is fine-tuned with a pre-birth visit to the hospital where the baby will be born. During the visit, you can ask any questions about the hospital’s policies.

You might ask:

“How many people can be present in the room during C-section?”

“Do newborns stay in a nursery or in the room with the parents?”

“Can the hospital provide a separate room for the intended parents?”

Before the visit, it is a wise idea to make a list of questions you are interested in. Once you get started, you’re sure to come up with other topics, until you have everything you need to know. It may help to start your research online, but the most accurate information comes from a hospital representative.

Around the same time you are working on your surrogacy hospital plan, your attorney will advise you on the process to confirm your parentage.  Understand that hospitals do NOT issue birth certificates as those come from the state department of vital records so ask your attorney about the process and procedures for this to be handled.

Your ART Attorney Helps with Your Surrogacy Hospital Plan

Each surrogacy is different, and every part of the plan needs to be expressed in writing. For example, you probably started with a surrogacy agreement that laid down the rights and responsibilities of the surrogate and the parents. The surrogacy hospital plan varies even more from one family to the next.

Some elements a surrogacy hospital plan can cover include:

What hospital will be used for the baby’s delivery?

Who will be present in the event of a vaginal birth?

Who will be present in the event of a C-section birth?

Will the child be fed with breast milk or formula?

Who will cut the cord?

If an emergency develops, who makes what decisions?

Do all parties agree about the use of anesthesia?

Although hospitals do what they can to keep everyone safe, the differences in policy from one hospital to another can create points of contention between the surrogate and the Intended Parents. These situations are often so specific that an ART attorney’s experience is instrumental in recognizing them in advance

For instance, many hospitals allow only one person to be in the room when a baby must be delivered by C-section. The parents and surrogate must agree as to whether one of the parents will be there or if the surrogate’s partner will stay with them in that event.

With experienced and compassionate insight from an ART attorney, miscommunications can be avoided.

Should I Become a Surrogate?

Tue, 09 Aug 2022 18:30:00 GMT

"Should I become a surrogate mother?”

In the end, only you can answer this highly personal question.

But there are certain things you can think about as you make your decision.

Just as Intended Parents may work for years to welcome the new member of their families, prospective surrogates will often prepare for months or years before they decide that it is the right time for them. They may work with fertility clinics or directly with Intended Parents to help them grow their family.

Let’s look at some of the biggest considerations that go into the decision:

Your Age and Health

The average age of a surrogate mother is around 30, but women in their mid-20s can also choose to be surrogates. Intended parents generally choose younger surrogates, but it is not unusual for women aged 40, 41, or 42 to be surrogates. Just be aware that the possibility of complications rises with age.

Overall health is also a concern. The better your health, the smoother a pregnancy typically is. Plus, Intended Parents may be concerned about the possibility of heritable disorders, mental health issues, and more. You may be asked to substitute, reduce, or even discontinue certain medications.

Your Finances and Life Plans

Like any pregnancy, surrogacy has the potential to be disruptive to your work situation. You might need to take time off from work, starting with prenatal care appointments and ending with a full break from work as your due date approaches. Sometimes, bed rest may be required earlier in pregnancy.

Some surrogate mothers get financial compensation, but this isn’t universal. Compensation may range anywhere from $30,000 to $50,000, plus medical expenses. The Intended Parents agree to pay for all costs related directly to prenatal care.

If you have big goals you’ve been working on for a long time that are already in progress, like finishing a degree, you might wish to finish up before you make the commitment to become a surrogate. A rich history of life experiences can be helpful in connecting with the right family.

Your Goals and Motivations

Surrogacy brings the joys and uncertainties of other pregnancies. For the surrogate, the experience can be highly emotional and intense. You may develop a bond with the child, but consistent with the surrogacy agreement. Some surrogates will have no contact with a child after birth.

It is a wise idea to spend some time sitting with the big questions about what surrogacy means to you and why you want to pursue it. Come to an understanding with yourself about what your expectations are – for example, if you wish to remain in contact with the Intended Parents after their baby is born.

The Right Family for You

Surrogacy is far easier and much more satisfying when you connect with the right Intended Parents. As the surrogate, you are making a decision about who you want to carry a child for and what kind of relationship you want with that family. Being a surrogate is an important responsibility to yourself, to the child, and to the child’s parents.

It often takes more than one meeting before you will know for sure if a family is the right one for you and for them to feel the same about you. Both sides take their needs into account and make their choice. As you truly click with a family, it can give you confidence and peace of mind about the relationship and how it will affect the pregnancy.

An ART attorney can advise prospective surrogates about their rights, responsibilities, and things to look out for.

What to Expect in a Surrogacy Arrangement

Wed, 20 Jul 2022 18:30:00 GMT

Every surrogacy process needs to include a surrogacy contract. The contract lays out the responsibilities and rights of all the parties to the surrogacy. While the idea of a contract can sometimes be intimidating, it is for the best when everyone knows exactly what to expect!

A surrogacy contract is developed by the Intended Parents in consultation with an ART attorney. The surrogate is given the opportunity to review the contract for as long as necessary, and retains legal counsel of her own that the Intended Parents will usually pay for. The agreement goes forward when both sides sign the contract.

The purpose of the surrogacy contract is to limit disputes and prevent miscommunications. To reach that goal, there are several areas virtually all surrogacy agreements must cover:

Finances

Some surrogate mothers receive direct financial compensation from the Intended Parents. If so, the schedule and amount of payments should be laid out in advance. Special or unusual circumstances, like invasive procedures, multiples, and required bed rest, may all trigger additional compensation.

Risks and Liabilities

Even with the best healthcare, there are medical and emotional risks to surrogacy. The most basic risks are those experienced by the majority of people during pregnancy, including morning sickness, weight gain, and so on, but complex complications can also develop and should be addressed in detail.

Surrogate Health

Under most surrogacy agreements, the Intended Parents agree to pay for any “out of pocket” healthcare expenses directly related to the pregnancy. This may include additional prenatal care that the surrogate would not otherwise seek out, and various services that may not be covered by insurance.

The Intended Parents also have the option of specifying some requirements for the surrogate. For example, the two sides may agree that certain medications need to be adjusted, substituted, or even discontinued for the duration of the pregnancy. Drug, alcohol, and caffeine use are prohibited in most surrogacy agreements. .

Occasionally, Intended Parents have very specific requirements for the surrogate, such as maintaining a plant-based diet. While such requests are not commonplace, most desires can be accommodated when both sides agree. This is one reason why it’s crucial that the surrogacy agreement be very detailed.

Selective Reduction and Termination

No one wants to dwell on the most difficult complications that could arise during surrogacy, but it is a necessary part of the surrogacy contract. Emotionally charged disagreements can easily develop when a pregnancy is endangered. Likewise, in some situations, the pregnancy may pose risks to the surrogate.

In cases like these, even an amicable relationship can break down quickly. It is always for the best for the Parties to come to a mutual understanding early on. This typically means that the Intended Parents will have the opportunity to make these difficult decisions related to the Child rather than the surrogate who will make difficult decisions that directly affect her life or health.

Prenatal Appointments and Birth

The Intended Parents will often have direct access to healthcare records related directly to prenatal care, but this needs to be spelled out in the contract. If desired, the Intended Parents can specify the right to personally attend prenatal appointments. This is not always necessary, but it can give peace of mind.

When surrogacy is being considered, it might seem obvious who the Intended Parents are and who should be present at the birth. Still, it is a wise idea to be exact about this, too. Not only does this help the relationship with the surrogate, but it clarifies expectations for the hospital or midwife.

A surrogacy agreement must be designed from the ground up to accommodate your needs.

Adoption Stork Drops: How to Prepare for a Baby Quickly!

Thu, 07 Jul 2022 18:30:00 GMT

During adoption, it might seem there are times when you’re waiting weeks or months. Then, everything can fall into place quickly. For all your planning and preparation, you might still find yourself days from a new baby’s arrival with more to do!

When you need to get ready for a baby quickly, the first tip is: Don’t panic!

You don’t have to get everything planned down to a “T” to provide the loving, safe, and nurturing environment a baby needs. In fact, no amount of reading or planning can make someone feel totally prepared to be a parent. There is always something new, and that holds true here.

It might seem there are a million things on your “to-do” list. When you simply can’t do it all, it’s important to pare down to essentials. Once baby is safe and sound at home, you’ll have a whole lifetime together where you can fix up anything that isn’t quite perfect.

Let’s look at some ways to get ready fast:

Stock Up on Foodstuffs

Whether baby is a newborn or a bit older, be sure you know what type of food is appropriate and have plenty of it. A newborn eats about 8-12 times every 24 hours, usually in small meals around 2-3 hours apart. Intake starts at just a few ounces in the first days of life, but it quickly goes up to one or two ounces per feeding, increasing further to 2-3 ounces around 14 days of age.

Have Plenty of Diapers

No matter whether you’re going with disposable or reusable diapers, you will need plenty of them. In the first month alone, you can expect to use 10-12 diapers per day. This goes down to about eight per day after the first month – or from 320 diapers down to 240. Yikes! If reusable diapers will be a part of your plan, be sure you have a workflow planned for getting them clean.

Make a Nest

No matter whether you have a dedicated nursery or will sleep baby somewhere in your own bedroom, you want to be sure of safe and secure accommodations. A crib is a must-have. Convertible cribs can transform from a toddler bed to a daybed using the same mattress, which could make them much more convenient as the baby grows and sleeping needs change. But this can wait until you are home with the baby as the baby could have other accommodations for a short time (few days) so ask your pediatrician for what is safe for a newborn before obtaining a crib.

Prepare for Your Own Needs

You’ll still need to eat and sleep after baby’s arrival, so one of the best ways to keep yourself healthy is to pre-package two weeks of meals in advance. You could make and freeze fresh meals or use a mix of frozen meals. Whatever the case, make things as simple as possible. You may end up with less than ten minutes to get food ready and eat it. Cleaning up will usually have to wait!

Get Other Supplies Ready

It’s time to make a grocery list, but be creative. On this list, you want to be sure you include everything you simply can’t afford to run out of – toilet paper should be near the top! At the same time, be sure to fill any prescriptions as early as you can, even if you already have a supply of medications on hand. If you have pets, also be sure all your pet supplies are available and easy to access.

The last thing to do? As difficult as it might sound, take some time for yourself and relax. Peace and quiet could be in short supply soon, but it will all be worth it!

Ways to Raise Money for Adoption

Wed, 22 Jun 2022 22:40:00 GMT

The cost of private adoption can vary considerably depending on a number of factors. The cost has been estimated at anywhere between $15,000 and $60,000. This assumes a private domestic adoption. Costs associated with an international adoption can sometimes be much higher.

Of course, adoptive families have the opportunity to control some costs by looking at a variety of options for agencies, adoption attorneys, and other services. Even so, an adoption is a significant financial commitment that can take some planning.

Although most families do not have this amount of money at the ready, there are several financing strategies that can put adoption within reach. Understanding your options will help you get started on the right foot, so you can better estimate how much time you will need to prepare yourself financially.

Some helpful approaches include:

Fundraising

With the world of social media at your fingertips, there are many different fundraising venues to choose from. You can inform friends and family about your plans on a mainstream platform like Facebook, with video blogging on YouTube, and in many other ways.

Crowdfunding platforms like GoFundMe have also been known to foster successful campaigns. There’s an increasingly large number of crowdfunding websites to work with, so make sure you pick one that allows fundraising for adoption and provides favorable terms, such as low processing fees.

Refinance Your Home

Refinancing can be an excellent decision depending on the prevailing interest rates. If you refinance, you “trade in” your old mortgage for a new one that can sometimes offer better terms. Of course, you get all the facts from your mortgage lender in advance, so you know whether it is a good deal or not.

When you refinance, your lender pays off your existing mortgage with a new one. This gives you the chance to move on to a new mortgage lender if you are not satisfied with your current one. Lowered monthly payments provide you with additional savings opportunities for adoption or you can take cash out at the refinance settlement to set aside for the adoption costs.

Seek out Grants

In contrast to loans, grants are funds you are never required to pay back. Grant amounts are usually on the smaller side and require a significant amount of time and effort for applications. That said, they are often available with no strings attached and are a great way to bolster your growing adoption fund.

There are so many opportunities for grants that it would be impossible to list them all. In addition to grant money provided by nationwide nonprofits and the federal government, you should also be on the lookout for grants sponsored by the state or organizations in your local community.

Borrow Against Your 401(k)

If you are significantly vested in an employer-sponsored 401(k) retirement plan, it can open doors for your long-term financing needs. Exactly how much of your funds may be available is determined in part by employer policies. Even so, you could have access to as much as 50% of your savings.

The maximum amount of 401(k) funds you can borrow at any given time is capped, usually at $50,000 in a 12-month period. This is a standard borrowing agreement that will require you to pay back the funds. It also has a negative impact on the equity that helps you save up for retirement in the long run.

With all that in mind, it is usually best to borrow against a 401(k) only if you have a concrete plan to fully restore the equity within the short term.

A trusted local adoption attorney can help you control costs by avoiding legal pitfalls throughout the process.

What You Should Know When Considering Transracial Adoption

Thu, 09 Jun 2022 22:16:00 GMT

A transracial adoption, also known as interracial adoption or transcultural adoption, takes place when a child of one race or ethnic group is adopted by parents of a different race or ethnic group.

The concept of “race” is nebulous and has little scientific backing, but there is no doubt it affects people every day. This is just as true of adopted children and their families.

Of course, there are all kinds of different ways to create and grow a family. No one way is “wrong” or better than another. That said, a successful transracial adoption requires that the adoptive family be sensitive to the particular issues that might arise.

This helps the adopted child feel safe, supported, and loved from the beginning and throughout life.

Transracial Adoption Can Create a Complicated Picture for the Adopted Child

As author Nicole Chung discloses (in articles like “People Want to Hear That I’m Happy I Was Adopted. It’s Not That Simple”) transracial adoption can come with significant challenges for the adopted child.

Even with the best of intentions, parents may not be able to protect their children from all of these. Likewise, these issues can begin to have an impact at an extremely early age – as soon as preschool.

Recent figures on transracial adoption are not always easy to come by, but one study noted that about 28% of all adoptions between 2017 and 2019 were transracial. The figure has continued to grow, even as the percentage of international adoptions from some well-known countries is in decline.

Let’s look at some common concerns adoptive parents should know:

Transracial Adopted Children Will Still Face Racism

Adopting a child of a different racial background is a life-long commitment to deepening your own understanding, not only of that background, but of the problems and issues faced by those who are different. Even small children can be targeted by racism.

Racist bullying may take place in the classroom or on the school bus, for example. Even when parents succeed in creating a safe environment at home, difficulties related to race and ethnicity do occur, and misunderstandings can happen between children and their adoptive parents as well.

Transracial Adopted Children May Have Trouble “Fitting In”

Transracial adopted children may face questions about their identity that others – even other adopted children – do not. Noticing the outer differences between them and their peers, they are often drawn by curiosity to question who they are and wonder about the circumstances leading to their adoption.

Transracial adoptees often benefit from having healthy relationships with role models and mentors of their particular racial or ethnic background as well as the strong family support system provided by the adoptive parents. This can help them answer their early questions in more healthy, constructive ways.

Transracial Adopted Children May Be Intrigued by Birth Family

Transracial children all have unique experiences – some may be very drawn to their birth family’s origin, while others may not show much interest. It is important to know your child well and observe carefully for signs of struggling to “suppress” the things about them that they feel are different from their peers.

Transracial Children Benefit from Adult Allies in All Aspects of Life

Creating a nurturing environment for a transracial adoptee may require close collaboration with other responsible adults. That includes teachers, members of the extended family, and others throughout a community. As the old saying goes, “It takes a village to raise a child.”

Wondering about legal considerations that might apply to your adoption? Early advice makes things easier.

6 Tips for Enjoying Your Adoption Wait

Thu, 19 May 2022 18:00:00 GMT

Adoption can be a lengthy process, especially when you consider that many adoptive parents think about it for years. It is not unusual for adopting a newborn to take two years or more.

Patience is a virtue, of course, but it’s normal to sometimes feel like time is dragging on. When there are no milestones for a while – or when the finish line is in sight – it may seem you’ve been waiting forever.

If you feel impatient or frustrated about the adoption wait, there’s nothing wrong with you! In fact, just about everyone has emotions like these at some point. Even when you are just a few weeks away from welcoming the new member of your family, these thoughts can still crop up.

Some parents don’t really feel relief until they have their new child safely in their arms!

That said, the best way to cope with your adoption wait is to find fun, productive things to do. You have the amazing opportunity to set the stage for your new child’s “forever home.” There are so many good and useful things you can do, even during your adoption wait!

Let’s look at some of the best ways to make the adoption wait work for your family:

Put It in Context

No matter where you are in your adoption journey, you’ve taken powerful, concrete steps toward your goal. Remind yourself of just how far you’ve come. If there is still more to do, identify the next step in your process and focus your attention on that. An adoption attorney can help you move forward.

Think of the Future

It is okay to start thinking creatively about what the future with your new child might be like. There may be certain ideas in your mind about how to welcome your child, things to do together, and tasks you’ll need to complete. Imagine the best outcome for your child, then take the next action to bring it about.

Build Your Network

Now is a great time to look for local parent groups in your area. Parents of all kinds benefit from having “mom friends” and “dad friends” they can go to, especially when things feel tough. Parent groups are warm and welcoming, and adoptive parents are treated with just as much respect as other families.

Spend Time with Loved Ones

As a new parent, you will often not have much time for social interactions outside immediate family. Now is the time to strengthen those bonds with your extended family members and friends. It might seem counterintuitive, but investing time with others now will help keep them close in the future.

Take a Little Time Off

Depending on your job, you may be saving up time off so you can spend more hours together with your new child early. If so, this is great – keep it up! If your schedule is more flexible, now is a terrific time to take a week off from everything, relax, and breathe. Free time may be in short supply later on.

Focus on Fundamentals

As a parent, you might have less time for your own needs, but they are still important. It’s wise to be sure you have recently gotten a check-up, are up to date on any medications, and have a solid sense of the very basics: Your sleep schedule, diet, and anything that helps you stay energized.

An adoption wait only feels like forever. Before you know it, you will be welcoming that new member of your family.

What It Means to Be a Parent

Thu, 05 May 2022 18:00:00 GMT

Since the beginning of recorded history, people have been writing about parenthood and what it means. Many people feel a strong drive to become parents, and they may start or expand their family in many different ways – adoption, assisted reproduction, surrogacy, and more.

Whatever your family looks like, there are two ways to think about parenthood. One takes into account the legal definition and the rights and responsibilities parenthood entails. This is a good way to begin to understand parenthood. The rest of what it means is a life-long journey that’s different for everyone.

Understanding the Legal Definition of Parenthood

The legal rights of a parent generally come into force from the moment the child is born. In the case of an adoption the rights are phased in often with temporary rights soon after birth and full rights when the adoption is granted.

The principal legal right conferred by parenthood is custody:

Physical custody means where the child lives and with whom they are physically with day to day

Legal custody means the right to make binding decisions on behalf of the child

Inheritance means the right to leave property to a child, as a gift or after death

Legal custody gives parents the right to make decisions about a child’s health, education, and religious upbringing. Parents share these rights, and limits might be placed on them if parents separate or one parent is no longer in the child’s life.

From the perspective of a court, parental rights come with a duty to support the child, usually until the age of 18. Parents must also meet a child’s basic needs, including food, clothing, shelter, medical care, and education. Of course, this is really only the beginning of parenting.

What It Means to Be a Parent Goes Deeper than Legal Definitions

It might sound strange for an adoption attorney to say there’s something at play deeper than the law. But there are some subjects that can’t be explained easily – and parenthood is definitely one of them. Each parent-child relationship is different, yet some things about parenting can transcend individuals.

A parent is someone who exhibits a deep, driving devotion to the ultimate well-being and best interests of a child. Studies have shown a powerful, abiding emotional connection can develop between an adult  and child whenever an adult chooses to nurture, attend to, and care for a child.

Families come in all shapes and sizes, and it is not required to be biologically related to be a loving parent. On average, adopted children have similar rates of positive mental health outcomes as their peers who are raised by biological parents. This is true no matter the family’s gender makeup.

Parenthood entails a commitment to put a child’s interests and needs first until that child is ready to live independently. The decision to put another first is an act of love, and it affects the journey parents and children take together – in childhood and later in adult life.

Every day of parenthood is different. You will see new family traditions and rituals develop before your eyes. You will make important decisions – first on your own, then with increasing input from your child. Parents have a lot to think and worry about, but their adventure is full of love and learning.

Choosing the Best Adoptive Parents for Your Baby

Thu, 21 Apr 2022 18:30:00 GMT

Choosing the right adoptive parents for your baby is one of the most important decisions you’ll ever make. Luckily, you will have plenty of options. It’s not out of the ordinary to be approached by five or ten prospective parents, including couples and single adoptive parents. There may be even more.

This might sound like a stressful situation, but your adoption agency is there to help you every step of the way. For example, you do not need to meet directly with adoptive parents “out of the blue.” You’ll only meet with those you pre-select based on the adoption profiles you get to review.

Adoption profiles are detailed documents compiled by the adoptive parents. They tell you all kinds of things about each parent, their home, community, and lifestyle. From this information, you can build a picture of how your child might be raised and whether you feel the conditions are right to flourish.

If an adoption profile doesn’t meet your approval, you never have to meet with those prospective parents. This makes it easier for you to make decisions based on your own values. And don’t worry – prospective parents you don’t choose will continue their process and have their own happy ending!

Since you will have a lot of information at your fingertips, you will always be able to make an informed decision. That said, it is always completely up to you. Choosing the best adoptive parents for your baby will look different for every mother, and there is no right or wrong way to go about it.

Let’s consider some tips for choosing adoptive parents:

1. Decide What Kind of Adoption You Want

An open adoption is one in which you will build a lasting relationship with the adoptive family, sharing contact information. A semi-open adoption provides photos and updates through the adoption agency, but no direct contact. In a closed adoption, there is no contact after the baby is placed with a family.

2. Set Your Priorities

Every parent works hard for their children, but nobody is perfect. It helps if you start the process with your own priorities in mind. Educational opportunities, religion, family structure, and a variety of other factors may play roles. Make a list and understand which aspects you feel are most important.

3. Work With Your Adoption Professional

As you determine what’s most important to you, keep your adoption professional aware about your preferences. This smooths and accelerates the process, because you are more likely to get adoption profiles that make you feel good about following up!

4. Prepare Follow-Up Questions

When an adoption profile meets your approval, you will have the chance to meet with prospective parents. In some cases, you may even be able to submit questions before a meeting. When a profile raises questions in your mind, write them down so you can get more information.

5. Make the Connection

Initial contact with prospective adoptive parents used to be through a phone call. These days, it is just as common to see it done through Zoom or Skype. Remember – in a situation like this, everyone’s bound to be nervous. Prospective parents want to get to know you, and they appreciate your situation.

6. Ask Open-Ended Questions

To learn more about the prospective parents, ask them any questions you might have prepared already. Open-ended questions that require a detailed response will get them talking and give you a better sense of their personalities. It is very common to ask for details about why they want to be parents.

Expectant and Adoptive Parents: Finding Common Ground

Thu, 07 Apr 2022 18:30:00 GMT

Families are made and grow in all kinds of different ways. Whether the journey involves pregnancy, assisted pregnancy, or one of the many forms of adoption, one thing is the same: Parents love and cherish their children and always want the best for them.

When a new addition to the family is on the way, many parents find themselves in new parent groups together with others going through the same adventure. Although there are some differences in their experiences, those are greatly outweighed by the similarities.

No matter what your path has been like, it is a good idea to embrace parents with other stories to tell. A different background means a different perspective that can help you navigate the challenges of being a new parent. Luckily, it’s easy to find so much to relate to!

Let’s consider some of the ways expectant and adoptive parents are similar:

Plenty to Worry and Wonder About

It’s crucial to start by facing the elephant in the room: Every new parent worries! Even when you’re sure parenthood is the next step – and even if you’ve pursued it for many years – doubt is normal. There’s no way for anyone to be “100% prepared” to be a parent. Other parents can certainly validate that for you!

Seeking a Network of Support

Even if you are a single parent, you shouldn’t shoulder everything to do with parenting on your own! For some, this will mean reaching out to their family of birth, loved ones, and friends. For others, it will mean having the right “care team” in place to meet their needs as they handle new responsibilities.

Early Milestones and Adjustments

All parents watch their children for age-appropriate milestones, making sure they are on the path to be happy and healthy. At the same time, there are important changes to be made. First-time parents can be surprised about the lack of sleep and changes in their daily schedule that a child can bring.

Planning for the Future

“The future” can come on very quickly. Some parents will find themselves thinking ahead to things like a good preschool from early on in their parenting life. Others will go still further, starting the process of saving for college. It is good to dream, but don’t lose sight of all the wonders happening right now!

Family Bonding

Kid-friendly activities you gravitate toward today will turn into the new family traditions of tomorrow. You will see your community in a whole new way as you look at it as a parent for the first time. And you’ll have exciting moments big and small as your family develops its own rhythms.

Expanding Your Circle

It is so important to have “mom friends” and “dad friends” within your circle as you embark on this new phase of parenthood. Looking for ways to meet others from early on will help ensure sympathetic ears and supportive shoulders for all the ups and downs that any new parent faces.

A Sense of Relief and Completion

Whether your journey has been nine months or much longer, one thing so many parents tell us about is the sense of relief. Having a new child feels like the “missing piece” you didn’t know was missing – giving you a whole new lease on life and helping you feel enthusiastic for all the future might bring.

Adoptive parents need an adoption attorney they can trust to stand by them until their new child comes home for good.

Creating a Compelling Adoption Profile

Thu, 24 Mar 2022 18:00:00 GMT

When you wish to adopt a child, you’ll need to complete an adoption profile either to search privately (independent adoption) or through an agency. Many prospective adoptive parents don’t find out about the profile until well into the process, but you can begin working on it at any time, understanding you should not pay for a service to assist you until your attorney or agency has advised you of their requirements.

An adoption profile is not like any other document you will complete during the adoption process. In fact, it is one of the only things you need for a successful adoption that does not require an attorney. Instead, you will usually work directly with an adoption agency or third party company that assists adoptive parents with the process to complete it.

Your attorney can refer you to reliable companies to handle this service for you.

What Is an Adoption Profile?

An adoption profile takes the form of a “hand guide” to you and the environment a future child adopted by you will be raised in. Successful adoption profiles are usually attractive brochures about your life with plenty of photographs and a visually appealing design.

It is important that your adoption profile is authentic and accurately reflects your life.

What Is an Adoption Profile For?

An adoption profile used to be called a “Dear Birthmother Letter.” It is no longer just a letter, of course. It details everything about your family (but not identifying information) and is directed to a pregnant woman considering placing her child for adoption. This helps to envision the life her child will have with you and gives her confidence about making the right decision for her and her child.

What Is Included in an Adoption Profile?

There’s no single format an adoption profile needs to follow. However, there are lots of different things a profile can include depending on what your attorney or agency discusses with you. A typical adoption profile could run from two to 10 pages, and it might include all or any of the following:

A summary of your family, including information about your extended family.

A description of your home and community and how they relate to raising a child.

Descriptions of your family’s lifestyle, any family traditions, and usual activities.

Pictures of your family, your home, your community, and the things you do for fun.

A letter discussing why you have chosen to adopt and how you intend to raise a child.

Your adoption agency may have specific guidelines about the adoption profile. In general, you are able to add anything to the profile you feel may be beneficial. Before you begin your adoption profile, you’ll usually be able to consult profile examples that have been effective in the past.

How Do I Make an Adoption Profile?

An adoption profile can be completed in hardcopy – that is, as a printed book or brochure but with the pandemic and online availability, it should be accessible as a PDF that can be online. Ask your adoption professional about any templates or other resources they may have available. You do not need to design an adoption profile yourself, but you may be asked to choose from different options.

Of course, you also have the option of designing an adoption profile yourself or using an outside expert, whether it is someone you know or a media professional. Whatever the case, you will only need to think about completing the text itself and furnishing the photos you want to include in your profile.

How Can I Make My Adoption Profile Stand Out?

Don’t Overwhelm

An adoption profile should be descriptive, but not too long. The expectant mother is usually looking at several different profiles at any given time. Focus on what you would most like for her to remember.

Show Gratitude

Some pregnant women ultimately change their minds about adoption. Be sure to refer to the baby as “hers” and thank her for considering placing her child with you.

Be Positive

If infertility is part of your adoption journey, you may mention it, but do not need to if you don’t want to. Focus on your dreams for a child you can adopt and affirm that you want to maintain a connection with the birth mother.

8 Things to Know About Adoption in 2022

Thu, 10 Mar 2022 19:30:00 GMT

Thinking about adoption in 2022? You’re not alone!

In the United States and abroad, the COVID-19 pandemic slowed down the rate of adoptions in many places. Likewise, adoptions that were in progress sometimes ran into longer processing times and other issues. Now, many families are revisiting their intent to welcome a child into their home through adoption in the new year.

It’s impossible to know “everything there is to know” about adoption, of course. Prospective parents often wonder and worry about what they don’t know. Luckily, adoption has become easier and more inclusive over time, so many of these concerns will turn out to be unfounded.

Ready to get started? Let’s take a closer look at adoption in 2022:

More than 100,000 Children Are Adopted Every Year in the United States

Adoption happens every day – literally. About 135,000 children are adopted in the United States each year. Outside of second parent adoption, nearly 60% of adoptions originate in the foster care system. About 26% of children who are adopted come from other countries.

Help Is Available for Prospective Adoptive Parents No Matter Where You Are

There are about 3,000 public and private adoption agencies in the United States. Historically, many of the oldest adoption agencies have been affiliated with a religious community. These days, however, a growing number of agencies are non-affiliated or operate from completely different backgrounds.

All Parents Are Equal Under U.S. Adoption Laws

Any adult, single or coupled that is approved by the court or a home study agency has the opportunity to adopt a child in the United States. “Carve-outs'' that make the process more difficult for some, such as members of the LGBTQ+ community, are not permitted. Single adoptive fathers no longer face the discrimination they once did, either.

Adoption Can Be a Long Process

The timeline for adoption can vary considerably based on  a number of factors, some out of anyone’s control. For example, the start of the pandemic set some adoption filings back by months. It takes anywhere from 6-18 months on average to adopt a foster child and 2-4 years to adopt a newborn.

Adoption Generally Requires a Home Visit

In a home visit, a state certified social worker visits the home to assess the adoptive family and in many states that social worker must be affiliated with a licensed child placing agency. The process is intended to ensure a safe, healthy, and nurturing environment for the child. This can be stressful, and many prospective parents start to prepare for it from early in the process.

Adopted Children Are as Happy and Healthy as Their Peers

On average, children who are adopted have the same likelihood of positive mental health outcomes as peers raised by biological parents. It is not the size or shape of your family that makes the difference, but a loving and supportive atmosphere where kids’ needs are met and they are supported as they grow.

Most Prospective Parents Wait About a Year to Decide

Some people know from early on that they want a child. However, it’s totally normal to wonder whether now is the time. No one can ever be 100% prepared for parenthood, but it’s not unusual for prospective adoptive parents to spend about a year reflecting and getting different parts of their life “ready.”

An Adoption Attorney Is an Indispensable Partner

No matter how you choose to grow your family, you will need to be able to make the correct court filings. If you plan to adopt with help from an agency, your attorney can help connect you with the right one.

8 Resources Every Adoptive Parent Should Have

Fri, 25 Feb 2022 19:30:00 GMT

Wondering whether you’re ready to become an adoptive parent?

The truth is, almost no one ever feels truly ready for parenthood. There will always be more involved than you can prepare for. But with the right support network, you can live, learn, and grow through the process – while raising a happy and healthy child.

After helping thousands of individuals and couples adopt across Virginia, Maryland, and Washington DC, we have noticed some patterns.

No one has it “all figured out,” but there are certain resources that almost always help.

You don’t need all of them, but as long as you have a few on your side, you will have plenty of emotional resilience to get you through the twists and turns of parenthood. There are challenging times, but they are more than worth it!

Let’s take a closer look at the best resources for adoptive parents:

Couples: Clear, Effective Communication

Before you embark on your adoption journey, always make sure you and your partner are on the same page about your goals. Your ability to communicate openly and honestly about tough subjects will help carry you through times when you need to make far-reaching decisions about your child’s well-being.

Everyone: A Therapist

It’s a wise idea to have a firm handle on mental health as you dive into the challenges of parenthood. The more secure and balanced you feel, the easier it will be to impart the safety and unconditional love that children thrive on. This lays the foundation for their happy and healthy future.

A Doctor You Trust

No one will tell you to go get a checkup before you adopt, but it can give you peace of mind to be current on all of your health concerns. A primary care physician you can rely on is one of the most important allies you can have, especially if adopting an infant – sleep may be scarce in early years!

A Care Team

Your doctor isn’t the only member of your care team. Look closely at your needs and make sure you have local experts you trust to meet them. Depending on you, this might include professionals such as a chiropractor or fitness coach.

A Local Adoptive Parent Group

Adoptive parent groups are highly supportive and encouraging. You will be able to meet people from all walks of life who understand the journey you are on and want to see you succeed. This can help you to expand your social circle, which may seem to dwindle when new parent responsibilities come into play.

Friends and Family Members You Can Count On

It doesn’t matter whether you are thinking of your biological family or your family of choice – take stock and understand who you’re most comfortable relying on. Look at different situations (from running up to the store to babysitting) and determine who you feel can be there for you.

Adoptive Parent Resources in Your City and State

Many adoptive parents don’t realize that there are state and local programs that can help them meet their new needs and adjust to parenthood. These programs may offer reduced cost access to things like parenting classes and childhood necessities, among others. Take a look at what’s in your area!

An Adoption Attorney

The process of adoption has some standards that are consistent throughout the United States. While there are no real “surprises,” there can be stressful moments, waiting, and plenty of legal filings. Your adoption attorney is with you every step of the way and can also connect you with resources for parenting. Contact us at Jennifer Fairfax to learn more or get started.

Egg Donation: 10 FAQs

Fri, 11 Feb 2022 19:30:00 GMT

Wonderig about the egg donation process? Here are the most common questions we receive.

1. Where do egg donors come from?

Egg donors are generally aged 18-25 and volunteer to support an established egg donation program at a fertility clinic. Egg donors are self-selecting, but each clinic and program will have its own standards to ensure the health of eggs and their donors. Egg donors undergo significant medical screening.

2. What specific screening do egg donors go through?

While the details can vary, there are some forms of medical screening virtually all egg donors will go through. This includes a full examination, blood test, reproductive health screening, STD and drug testing, and psychological counseling. As the recipient, you may verify that any desired testing was done.

3. Do egg donors get paid?

Egg donors usually receive some form of compensation from the clinic or program they support. They do not get paid by the person or couple ultimately receiving the eggs. In addition to cash compensation, they’ll often receive free medical testing they can use as part of their own medical record.

4. Does the success rate for donated eggs vary according to the recipient’s age?

As a woman ages, her odds of pregnancy decrease largely due to hormonal changes and changes in her eggs. When donor eggs are used, the recipient’s age becomes a much smaller factor. Assuming a healthy uterus, donor eggs can be used at a wide range of ages. The typical upper limit is 55.

5. What information does the egg donor have about the recipient?

Virtually all egg donation is performed anonymously. This is very different from, for example, employing a surrogate to carry a child to term – a process that requires a detailed contract all parties agree to. An anonymous egg donor retains no legal rights over the eggs and almost never has recipient information.

6. What information does the recipient have about the egg donor?

Egg donation recipients will receive detailed information about the donor’s medical status to inform the recipient’s pre-natal treatment and fertility care. In addition to all relevant medical data, this usually includes photos of the donor.

7. What is a directed donation?

A directed donation is an egg donation or sperm donation where the recipient and donor know each other. The donor agrees to make the donation for the specific purpose of helping the recipient, usually a long-time friend. Medically, the process of directed donation is identical to anonymous donation.

8. How are donor eggs used?

Donor eggs are generally used in the context of in vitro fertilization (IVF). In IVF, collected eggs are fertilized by sperm in a lab. The sperm may be from the male partner in a couple or from another donor. The fertilized embryo is then transferred to the female partner’s uterus. Pregnancy then proceeds as usual.

9. How is the recipient’s menstrual cycle harmonized with the donor’s?

Hormonal medication may be prescribed to the recipient to help ensure that she is ready to receive the donated eggs at the appropriate time. Likewise, egg donors will usually be prescribed some hormonal medication to stimulate the ovaries and ensure a sufficient number of eggs are available.

10. Can eggs be frozen?

Eggs can be frozen for long-term use. This is often done during IVF procedures because not all eggs will be needed in a given IVF cycle, especially if the donor has produced many eggs. The freezing process can be challenging, but eggs that survive can be frozen 8-10 years.

Contact Modern Family Formation to find out more about your options in Washington DC, Maryland, and Virginia.

How old are the children who are adopted internationally?

Wed, 02 Feb 2022 19:30:00 GMT

Have you ever thought about adopting a child from another country? International adoption can be a very rewarding way to give a child, who may otherwise grow up in an orphanage, unconditional love in a home of their own.

WHERE TO START

International adoption is governed by three sets of laws: United States federal law, United States state of residence, and the laws of the child's country of origin. Therefore, it is very important to have an advocate who is experienced and knowledgeable in all types of adoption proceedings.

THE HAGUE ADOPTION CONVENTION

The Hague Adoption Convention is an international treaty designed to protect all the parties involved in intercountry adoptions, that is birth parents, adoptive parents, and in particular, the best interests of the children.

This treaty went into effect on April 1, 2008 and includes any country outside of the United States that is a party to it.

The general rule is that the adoptive child must be under the age of 16 when the adoption paperwork is filed. However, if the adoptive child is a sibling of a child under the age of 16 who was previously adopted by or will be adopted by the same parents, the adoptive child may then be as old as 17.

INTERNATIONAL ADOPTION PROCESS

All countries who are included in the Hague Adoption Convention treaty are required to have a central authority sanctioned by the government to safeguard the adoption process.

When considering an international adoption, the adoption service provider (ASP) you choose must be authorized to provide Hague adoption services. Be sure to ask all prospective ASP's whether or not they have this authorization or accreditation.

NON-HAGUE VISA PROCESS

If your international adoption involves a non-Hague Adoption country, the adoptive child must qualify as an orphan according to the guidelines established by the Immigration and Nationality Act, INA. In this case, the adoptive child only needs to qualify for orphan status under United States law and not their country of origin.

The age requirements for the adoptive child are the same as a Hague adoption.

INTERNATIONAL ADOPTION STATISTICS

While the above provisions allow an intercountry adoptive child to be as old as 17, most children adopted have been between the ages of infant to two years of age with nearly 100,000 adoptions finalized since 1999. However, in 2015 and 2016, the largest group of international adoptees were between the ages of 5 and 12.

One reason for the change is that in recent years, there have been demographic shifts in the group of international adoptees hailing from China. A stronger Chinese economy along with increased encouragement from the Chinese government for domestic adoption has contributed to the increase of international adoptions of older children and those with special needs.

CONSIDER ADOPTING OUTSIDE THE UNITED STATES

Why should you consider international adoption? Since 2008, the number of vulnerable, abandoned, and orphaned children around the the world has continued to increase.

Sadly, research shows that those children who age out of an orphanage in their country of origin find themselves at the mercy of a cruel environment where many people will exploit them in tragic ways.

However, there are millions of children worldwide who would benefit tremendously from being adopted into a forever home.

Treating Infertility: 4 Steps

Wed, 12 Jan 2022 19:30:00 GMT

Although conceiving a child becomes more challenging with age, women of any age or background can experience fertility issues.

Infertility may be a problem even when there are no other underlying health conditions. Genetic factors might be at play if a close female relative has had similar concerns.Infertility can be an intimidating problem to face. That said, millions of women all over the United States have successfully conceived after appropriate fertility treatments.

Which fertility healthcare approach is right for you will depend on your current health status and goals.

Let’s look at the key steps involved in treating infertility:

1. Talk to Your OB/GYN

Almost all discussions about fertility start with the OB/GYN. If you currently wish to get pregnant, the American College of Obstetricians and Gynecologists recommends trying for a full year if you are under age 35 and for at least six months if you are over 35.Your OB/GYN will discuss your medical history and any known genetic factors or contributing conditions that may affect conception and pregnancy.

Generally, this results in a referral to a fertility specialist. You may see a specialist sooner if you or your partner experience any of the following:

● Problems with sperm quality or motility

● Endometriosis● Uterine, tubal, or peritoneal disease

● Infrequent or absent periods

2. Fertility Specialist Consultation and Screening

Before fertility treatments, most patients should undergo a series of screening tests to ensure that no undiagnosed conditions are interfering with conception. Tests will generally be used to rule out PCOS (polycystic ovary syndrome), uterine fibroids, endocrine imbalances, or metabolic issues.

Treatment recommendations focus on the findings of these tests and any other known factors. Some of the above conditions are treatable with medication. Others may require surgery. Patients can receive guidance on timing their attempts to conceive so they fall within the maximum fertility window.

3. Infertility Treatment Options

In vitro fertilization (IVF) is one of the most common and successful fertility treatments in the U.S. today.

However, it is not always the first option explored. Many women opt for intrauterine insemination, or IUI. This involves inserting sperm directly into the uterus at the appropriate time in the woman’s cycle. IUI has a success rate as high as 20% per cycle.

However, IUI is much less likely to be effective after the third cycle. At this stage, many women look to IVF. During IVF, medication is used to stimulate the ovaries to produce multiple eggs. The eggs are then retrieved and fertilized in the lab. Finally, the fertilized embryos are re-implanted.

When using the patient’s own egg, IVF has an extremely high success rate:

● 35 and under: 48.5%

● 35-37: 47%

● 38-40: 35.8%

● Over 40: 20.1%

The likelihood of success continues to grow with multiple cycles of IVF. In a recent study involving 157,000 women with a median age of 35, nearly a third of the participants became pregnant as a result of their first IVF cycle. The success rate was nearly 70% for women who had six IVF cycles.

4. Other Family-Building Options

While IVF is the best fertility treatment available for many patients, it is not right for everyone. Some women may not wish to undergo surgical procedures. If this describes you, you might wish to consider other family-building approaches, such as adoption.

Every year, thousands of families grow by bringing a child in need of a loving home into their lives. If desired, you can also explore surrogacy. Gestational surrogates may use the father’s sperm, mother’s egg, or both.

Trying to Conceive With a Known Donor

Wed, 15 Dec 2021 19:30:00 GMT

Are you considering pregnancy with help from a sperm donor you know?

This can be one of the simplest and most affordable options to assist you in growing your family. With a known sperm donor, you do not need to pay fees associated with donor matching to a fertility clinic or sperm bank. You won’t face delays waiting for a donor match, either.

A sperm donor you know is referred to as a “directed” or “known” donor.

A sperm donor is used in a wide variety of situations:

● Sperm abnormality (such as low sperm count) in a heterosexual partnership

● Desire to avoid passing on a health condition in a heterosexual partnership

● Desire to become pregnant after vasectomy or prostate cancer treatment

● Lesbian couples who wish to use a donor they know personally

● Single women who wish to become parents without a partner

Making the Right Decision About a Known Donor

With a known donor, you don’t need to worry about being matched up with an anonymous sperm donor through a cryobank or fertility clinic. That said, it is still important to take steps to protect each of you: Yourself, your future child, and the donor.

When a known donor agrees to be a part of your fertility journey, it is a wise idea to get in touch with an assisted reproductive law attorney. A known donor agreement (KDA) spells out the rights and expectations of each party – such as whether the donor will be known to the child, get updates, and so on.

There may be other issues you want to discuss with your donor and get in writing:

● Whether you will expect him to get a check-up or take any genetic screening tests

● How you will receive, maintain, and ultimately destroy any of his health records

● The process you’ll undertake for paying fees or expenses related to his donation

Once you are sure you are on the same page, you can move forward with your fertility plan!

Known Sperm Donors and Intrauterine Insemination

To donate sperm, a man will need to work with a fertility clinic. It may take more than one visit, as the clinic must evaluate the samples provided to ensure sperm health and motility. If any issues are found, the donor will follow up to learn more about the situation and the options for treatment.

Once a sperm sample is provided, it can be frozen for future use. Many men freeze their sperm so they can use it for a later pregnancy – this is often done in the twenties. Under appropriate conditions, the sperm can be safely stored for many years, although some loss may occur over time.

Since sperm samples must be carefully preserved using cryogenic technology, a sample from a known donor is not usually taken until you are within a few days of weeks of beginning your pregnancy journey.

After the sample is collected, the next step is typically intrauterine insemination (IUI).

Intrauterine insemination is a much faster and less invasive procedure than in vitro fertilization. It works by placing sperm cells directly into the uterus around the time of ovulation. This ensures that the sperm have a shorter distance to travel to reach and fertilize an egg cell, resulting in conception.

From there, the pregnancy continues as normal.

The bond between an expectant mother and a known donor is often a special one. No matter how long you’ve known each other, however, it’s important to set out everything in writing.

Building Your LGBTQ+ Family: Considering Options

Wed, 17 Nov 2021 19:30:00 GMT

Are you an LGBTQ+ person or couple considering ways to grow your family?

Family is about more than just biology – it’s about love. Luckily, the landscape for LGBT family planning has never been better. When you’re sure that you’re ready for a new addition to your family, there are many different options to choose from.

Let’s look at a few of them now:

LGBTQ+ Adoption

In today’s America, adoption truly is for everyone.

Mississippi was the final state to end its laws against LGBTQ+ adoption, when they were ruled unconstitutional by a federal judge in 2016. In combination with the federal marriage equality ruling of 2015, this paved the path for fair treatment of LGBTQ+ parents in adoption.

From coast to coast, adoption for LGBTQ+ families follow the same rules, laws, and processes as adoptions for any other family dynamic. You do not need to worry about being excluded from state-sponsored adoption readiness programs or benefits that may help you on your way to welcoming your new family member.

Foster parents may also sometimes permanently adopt a child or children under their care.

Some private adoption agencies, especially those with a religious affiliation, may be less than helpful when it comes to LGBTQ+ adoption as they are permitted to discriminate against LGBTQ+ persons. State laws vary as to whether they can outright deny applicants so consult with us before reaching out to agencies. Our firm will advise you how to avoid these specific agencies and ensure your adoption proceeds smoothly as there are hundreds of adoption agencies that do not discriminate against anyone and will be glad to support you.

When exploring adoption, prospective LGBTQ+ parents should work with a trusted adoption attorney. Your attorney will represent your interests throughout the process. That includes putting you in touch with the right resources in your local area and ensuring all necessary court filings are made.

LGBTQ+ Second Parent Adoption

In the case of an LGBTQ+ couple where one parent has children from a previous relationship, a second parent adoption may be able to be pursued. If the child has two legally recognized parents, the other

parent must either yield parental rights or lose parental rights at the discretion of the court although in some cases a three-parent adoption may be possible.

LGBTQ second parent adoption follows many of the norms and processes of other adoptions. Because some additional filings might be necessary in the first phase, it’s crucial to reach out to an adoption attorney as soon as you know you’re thinking about this option.

LGBTQ Assisted Pregnancy

There’s a wide range of assisted pregnancy options available depending on the specific details of your situation and the concerns you have. Lesbian couples may pursue artificial insemination or in-vitro fertilization using sperm from a sperm bank or they may select a donor who provides sperm through a mutual agreement.

Gay couples may employ a gestational surrogate who will carry a child to pregnancy on their behalf. This also often entails an in-vitro fertilization procedure using sperm from one of the prospective fathers. Working with a surrogate means the couple is responsible for all of the pregnancy-related medical expenses. Surrogate pregnancy has been legal in most states for many years. There are clear processes involved to confer legal parenthood of the child on the prospective parents. A qualified attorney should prepare a surrogacy contract that spells out whether the surrogate retains visitation or other rights.

Modern Family Formation has helped LGBTQ+ couples and individuals across Maryland, Virginia, and Washington D.C. build their families in the right way for them. To learn more, contact us.

Gestational Carrier Agreements: 6 Things to Know

Fri, 29 Oct 2021 18:45:00 GMT

In a pregnancy, a gestational carrier has a role similar to a traditional surrogate. The difference is that the gestational carrier is not genetically related to the child. Before pregnancy, an embryo is fertilized using the egg and sperm of the intended parents or of donors the parents choose.

The relationship between intended parents and the gestational carrier is vital. The intended parents will typically pay all pregnancy-related medical costs for the gestational carrier. She, in turn, is obligated to undertake all necessary care for a successful pregnancy.

Gestational carriers often have a strong relationship with the intended parents. They may develop a bond that lasts a lifetime. Even so, it is vital that the rights and responsibilities of each party to the pregnancy are clear. Families must have a gestational carrier contract. The contract is developed before the embryo is implanted and the pregnancy begins.

Here’s what to know about these agreements:

A Gestational Carrier Agreement is Legally Binding

The gestational carrier agreement is a legally binding contract with the same force of any other contract you might enter into. The reason these agreements are so detailed is to ensure that, if there are any unexpected developments or conflicts, they can be resolved in a way everyone has consented to.

The Gestational Partner’s Spouse, if Any, is a Party

If the gestational carrier has a spouse, that person will usually be a party to the contract. Both the carrier and spouse will almost always be represented by the same attorney. This is an ordinary part of safeguarding the gestational carrier’s interests. It doesn’t give the spouse any rights over the newborn child.

The Agreement Sets Out the Parameters of the Relationship

The agreement spells out what to do about potential areas of contention, such as whether the gestational carrier will have any contact with the child after birth. It is normal to find mutually agreeable solutions to these issues. If the parents and gestational carrier can’t agree, the pregnancy does not go forward with that carrier.

The Agreement Confers Control Over Medical Decisions

The most challenging part of any gestational carrier agreement has to do with medical decisions. The intended parents are generally given full responsibility for medical decisions affecting the pregnancy. However, there may be situations – such as life-threatening danger – whether the gestational carrier or her spouse may step in.

Parents Pay for All Attorneys – and They Are a Necessity

To maintain a strong and positive relationship between all parties, attorneys manage the details of negotiating the agreement. You tell your attorney your needs and receive counter-offers directly through them. It is almost always the responsibility of the intended parents to pay the gestational carrier’s attorney fees, too.

The Agreement Facilitates the Declaration of Parentage

When using the help of a gestational carrier, you must obtain a court order of legal parentage. The order directs the hospital of birth to treat the intended parents’ as the parents and forward paperwork to the vital records department to place the intended parents’ names on the birth certificate. The intention to request an order should be included in the agreement. The actual process of getting it begins after the first trimester.

Developing and confirming the gestational carrier agreement may seem intimidating. Still, it is for everyone’s benefit: Yours, your child’s, and the gestational carrier. For many families, the next nine months just seem to fly by once the agreement is finalized!

How Difficult Is It to Adopt Step Children?

Wed, 06 Oct 2021 18:30:00 GMT

Blended families are becoming increasingly common in America. Over the many stages of life, it is far from unusual for people who have children from a previous relationship to plan a future together.

As a family develops into a unique whole, there often comes a right time to consider whether a stepchild or stepchildren should be legally adopted by the non-biological parent.

Adopting a stepchild often takes place after the parent and stepparent marry, although the exact timing can be different for everyone. When you formally adopt a stepchild, it means that you will share all of the same parental rights and responsibilities that biological parents are entitled to when a child is born.

Like all forms of adoption, the choice to adopt a stepchild should not be done in haste. In the natural course of a developing relationship, it is important to discuss the matter with the rest of the family. That includes finding out the child’s wishes and understanding how the new family dynamic may affect them.

All in all, though, step parent adoption is very often the best option for everyone.

At a time when a child could be worried about the future of his or her family, adopting your stepchild is a great way to show them they are safe and wanted. Many families believe that this is a crucial step toward providing a stable family environment where a young person can continue to flourish.

Understanding the Process of Adopting a Stepchild

Legally, the process of adopting a stepchild is virtually identical to other forms of adoption.

Some of the major milestones in step parent adoption include:

Obtaining Permission from Biological Parents

Naturally, you already have the consent of one of the two biological parents when you consider step parent adoption. If the other biological parent is deceased or has had their parental rights terminated, you do not need to do anything more for this step. If the parent is absent, but still retains rights, you will need consent.

In many states, a written consent in sufficient. Some states require a court hearing.

Sometimes, biological parents who have not been part of a child’s life for whatever reason do not hesitate to consent to the adoption. Rarely, however, biological parents may exercise their right to contest the adoption in court. You may need to argue before a judge that the person’s parental rights should be terminated.

Petition to Adopt

Once consent has been obtained or others’ parental rights terminated, you will submit a petition to let your local court system know your intentions. This type of petition can be filed in family court on your behalf by an adoption attorney. It usually includes detailed background information on yourself and your partner.

Many states also require you to supply a criminal background check at this stage.

Court Hearing

During a court hearing, you will explain your situation to a judge. Depending on the age of the child, the judge may be interested to know his or her opinion. For stepchild adoption, this is typically the last step. Once the judge grants your request, you will be listed as a parent on an amended birth certificate.

You can also choose to change your child’s last name at this time, if desired. Unlike many other types of adoption, it is not always necessary to perform a home study, in which a social worker visits your home to ensure it is a suitable environment. However, some states require you to be married at least a year.

Intrauterine Insemination: Is It Right for You?

Wed, 22 Sep 2021 18:00:00 GMT

Women seeking to become pregnant can explore many different fertility treatments that may help them.

While almost everyone has heard of in vitro fertilization (IVF), there is an alternative more suitable for some women: Intrauterine insemination, also called IUI. Although lesser known than IVF, IUI is also safe and effective. It is a common choice when a male partner has low sperm count or low sperm mobility.

What Is Intrauterine Insemination?

During an intrauterine insemination, sperm are concentrated and placed directly into a woman’s uterus. This means they are very close to the egg when the treatment is complete. Comparatively, during typical conception the sperm must travel from the vagina through the cervix, into the uterus, and up the fallopian tubes.

What Is The Difference Between Intrauterine Insemination and IVF?

IVF is an assisted reproductive technology (ART) procedure where a sperm and egg are combined in a medical laboratory. That is, it takes place outside of the body. Before the treatment, a woman must take medication to stimulate the ovaries so that egg retrieval, which requires sedation, will be successful.

How Effective Is Intrauterine Insemination?

Although IVF has higher success rates than intrauterine insemination overall, IUI is still highly effective. Each IUI cycle produces a 10% to 20% chance of pregnancy. Doctors often recommend that women undergo three cycles of intrauterine insemination before considering IVF, in part due to IVF’s rate of multiple births.

When Is Intrauterine Insemination Used?

Intrauterine insemination can be used in almost any situation where a couple has had

long-term difficulty conceiving a child. That said, there are some health conditions that may predispose a couple to using IUI in preference to other fertility treatments.

Intrauterine insemination is often chosen in cases of:

● Unexplained infertility with no clear medical explanation on the part of either partner

● An adverse medical condition of the cervix, including issues with cervical mucous

● Cervical scar tissue left by past surgical procedures inhibiting sperm passage

● Erectile or ejaculation dysfunction

When Should Intrauterine Insemination Not Be Used?

Like any procedure, intrauterine insemination is not right for everyone.

In particular, IUI is usually avoided when the patient has a severe disorder of the fallopian tubes, when there is an established history of recurring and serious pelvic infections, and among women who have moderate or severe endometriosis, the growth of uterine-like tissue outside of the uterus.

What Are the Risks of Intrauterine Insemination?

Performed correctly under the supervision of a qualified physician, the risks of IUI are relatively mild. There is an enhanced chance of multiple births if a woman takes fertility medications while undergoing IUI. There is also a small chance of post-procedure infection, comparable to many other minimally invasive procedures.

What Are the Advantages of IUI?

IUI is less invasive than many alternatives. It can be performed on a monthly basis without significant risk of side effects and with little disruption to the patient’s daily life. Because it is less invasive than IVF, there are few significant health risks. It is also substantially less expensive than a course of IVF treatment. What’s more, the IUI procedure is quick, induces only mild (if any) discomfort, and does not require anesthesia.

How Long Should Couples Attempt to Conceive Before Pursuing IUI?

It is a good idea to talk to your OB/GYN if you have questions about your suitability for IUI or any other type of fertility treatment. The best way to proceed depends on your age, health, and many other factors. If you are 30-35, it is common to attempt conception for at least six months. To learn more about assisted reproduction, contact Jennifer Fairfax .

Becoming an Adoptive Parent: Singles Versus Couples

Fri, 10 Sep 2021 18:30:00 GMT

Are you thinking about becoming an adoptive parent?

Many single people do not even realize that becoming an adoptive parent is an option for them. The truth is, single adults successfully adopt children thousands of times every year.

Adoption by singles is seen from coast to coast all over the United States. It is much more common than you might realize. In fact, about 33% of all children adopted from the foster care system and 25% of adoptive children with special needs find a permanent home with a single adoptive parent. Over the last several years, the general trend has been toward more frequent adoption for both single women and single men.

Is Becoming an Adoptive Parent More Difficult for Singles than Couples?

Becoming an adoptive parent is a life-changing process for anyone. Before they set on the path to becoming an adoptive parent, most people have thought about it for months or even years. Likewise, it is important to take stock of your overall wellness, mental health, finances, and goals to know whether adoption is right for you.

If you decide that becoming an adoptive parent makes sense, there is plenty of good news.

Not only is single parent adoption on the rise, but becoming a single adoptive parent does not mean going through a different kind of adoption. Even though each state sets its own standards for adoption, singles and couples can expect the same process, the same legal rights and protections, and the same requirements.

Likewise, there are many organizations for adoptive parents that will gladly welcome you if you aspire to adopt as a single person. Government programs that help connect adoptive parents to resources in their community must abide by state anti-discrimination protections which recognize singles and couples as equal by law.

The Biggest Issue Singles Face When Becoming an Adoptive Parent

As a rule, singles and couples navigate all of the same processes and reach all of the same milestones on their way to becoming an adoptive parent. However, there is one area where the treatment of singles and couples can be distinctly different: The policies of individual adoption agencies.

An adoption agency is an intermediary that facilitates adoptions.

Their main areas of expertise include:

● Matching prospective adoptive parents with a child

● Facilitating counseling services for birth parents

● Participating in the home study process

● Providing education to adoptive and birth parents

● Preparing paperwork for adoption hearings

● Facilitating post-placement visits

Private adoption agencies have a great deal of leeway in setting their own policies and procedures, and some of them decline to work with single adoptive parents. Even when state law protects singles from any discrimination in adoption, some agencies might fail to provide the highest quality of service that they possibly could.

That can lead to significant delays that may negatively affect you and your new family.

What is the solution? It is vital to have the right team of trusted professionals on your side to guide you through the adoption process. Comparing adoption agencies carefully before you go forward will help you make the right choice – which will ultimately make adoption simpler, so you can focus on what matters most.

For singles becoming an adoptive parent, an adoption attorney can demystify the issue.

When you connect with an adoption attorney, you have an opportunity to get information about local adoption agencies and other adoption resources in your area. This can help you make those crucial early decisions and get off to a strong start preparing for the rest of your adoption journey.

How Do I Bond With a Surrogate Baby?

Fri, 23 Apr 2021 18:30:00 GMT

Bonding with a newborn is very important.

Emotional bonding between a child and parent is essential to healthy development. These early bonds are the basis of an infant’s sense of security. Children develop their first instincts about whether their world is safe or unsafe – “approach” or “avoid” – based on parental bonding.

This raises an obvious question: How can you bond with your baby carried by a surrogate?

The surrogate has a vital role in a pregnancy, carrying the child to term before the newborn infant goes home with his or her family. The expectations placed on the surrogate and intended parents can differ, as can the relationship between the surrogate and parents.

No matter how the particulars vary, though, everyone wants the baby to be happy and healthy! One part of that shared responsibility is making sure parents have plenty of opportunities to bond with a baby before birth.

Parents naturally pick up on many of these bonding skills throughout the course of pregnancy. When a surrogate is included, they simply need to think a tiny bit differently about how those valuable moments look.

How to Bond with Your Surrogate Baby: 4 Tips

There are all sorts of ways you can bond with a baby before birth. These ideas are just a starting point. Once you decide what methods are right for you, it’s a good idea to communicate with your surrogate. She can help you continue the bonding process all throughout pregnancy even when you can’t be physically present!

Some of the best ways to bond with your surrogate baby include:

Start Talking to Your Baby

Before they ever actually start to learn language, babies bond with others based on the sound of friendly and familiar voices. While in development, the fetus gains the ability to hear sound outside the uterus within about 24 weeks. Talking to your baby whenever you visit your surrogate is a wonderful way to get the relationship started. Later in pregnancy, a baby may even respond to your voice by kicking or moving.

Save Mementos of Pregnancy

During pregnancy, you’re sure to have thoughts and feelings you want to express. One of the best ways to do it is to start a digital scrapbook your child can enjoy later on. You can include photos, videos, and audio. Yes, your baby will take some time to appreciate it – but this gives you a chance to process your own emotions and create memories. Plus, your whole family can participate, drawing you together before the big day!

Record Songs and Stories

Special recording devices can be used to play your voice directly through the surrogate mother’s belly so your growing baby can hear. It may be too early to teach them to read, but singing and storytelling offer all of the benefits of talking to your baby. Some parents believe that singing is soothing for the child and may even help them develop a sense for music later on in life.

Hold the Baby at Birth

It’s crucial to hold your baby – with skin-to-skin contact – as soon as possible after birth. This first experience releases powerful neurotransmitters that help the baby bond with and recognize you. Many expectant mothers develop a birth plan with their surrogate that allows the surrogate to hold the baby later on.

Bonding is a process that lasts a lifetime, but these tips will get you off to a strong start.

When Should I Consider IVF?

Wed, 07 Apr 2021 18:30:00 GMT

In-vitro fertilization (IVF) is a common procedure intended to help families have children. Women and, if partnered, their partners who have had difficulty conceiving can use IVF to facilitate pregnancy. IVF can also be a way for a lesbian couple to conceive and carry a child with help from a sperm donor.

IVF is one of the most reliable and frequently used fertility treatments available. It involves the use of well-understood fertility drugs to stimulate the development of multiple eggs in a woman’s body. The eggs are then retrieved from the ovaries using a tiny needle. The eggs could be the Intended Mother’s eggs or from an Egg Donor.

IVF is one of the most reliable and frequently used fertility treatments available. It involves the use of well-understood fertility drugs to stimulate the development of multiple eggs in a woman’s body. The eggs are then retrieved from the ovaries using a tiny needle.  The eggs could be the Intended Mother’s eggs or from an Egg Donor.

Once the eggs have been retrieved, they are fertilized with sperm of either the woman’s partner or a Donor in a clinical laboratory that specializes in fertility. The embryos grow for several days before one or more will be implanted into the uterus of the Intended Mother, or in some cases a Gestational Carrier. From there, the mother or gestational surrogate carries the embryo to development, ending with a conventional birth nine months later.

IVF is Ideal for Women Who Have Suffered from Reproductive Health Problems

Millions of women across the United States suffer from problems that can make conception difficult. Some of these issues, such as ovarian cysts and endometriosis, can develop very early in life. Genetic and environmental factors cause these conditions in ways that are not yet fully understood by science.

If you suffer from any form of menstrual irregularity or pain not explained by the usual course of the menstrual cycle, it is essential to be screened for conditions that can complicate fertility. If you are found to have such a condition, IVF may be a safe and effective way to meet your reproductive goals.

IVF Can Help Women Conceive at Older Ages

Although the ability to become pregnant does not end until menopause, fertility does decline with age. Though there are individual variances, women between the ages of 20 to 24 have the highest fertility rates, with a 94% chance if they are trying every month. From 25 to 34, fertility rate over the same period is 86%.

Notable decline in fertility happens around age 35. Younger women who have had long-term difficulty conceiving should consider IVF. Women older than 35 also have IVF as an option. In addition to IVF, alternative treatments like intrauterine insemination can also be helpful at this age.

About 30% of women over 35 take a year or longer to conceive. With that in mind, it is wise to see a doctor if you are 35 or older and have been trying to get pregnant for six months without success. A qualified OB-GYN can discuss your options, investigate underlying health issues, and provide referrals.

IVF May Be Wise if Infertility is Unexplained

“Unexplained” cases of infertility can arise in women who are otherwise very healthy. However, many of these cases are eventually traced back to conditions that affect the uterus. With that in mind, it is important to have open communication with your doctor and get screened for issues that may have gone unnoticed in early life.

If your mother or grandmother had difficulty conceiving, this can point to genetic factors influencing fertility in your family. Be sure to let your doctors know about any family history that might be relevant. The more details you have about your reproductive health, the easier it is to choose the right treatment.

IVF is an essential part of about 61,000 births per year. Between 1987 and 2015, about a million happy, healthy babies were born in the United States as a result of IVF or other assisted reproduction techniques. For many women, IVF is the perfect way to take the next step on the reproductive journey.

Adoption Cost: Domestic Versus International

Wed, 24 Mar 2021 18:30:00 GMT

Adopting is a big process that often requires prospective parents to start planning a few years in advance. Of course, it’s important to feel you are emotionally prepared for all parenthood has in store. Another big reason, however, is the cost involved. Both domestic and international adoption can be fairly expensive.

It surprises many people to learn that adoption can take a couple years which isn’t that long considering the total cost associated with adoption. Once you start the formal adoption process, you could finish all the steps and bring your new family member home in just a few months or in a few years depending on many factors out of the adoptive parents control. Before they begin in earnest, many families will need a detailed financial plan in place. There are companies that can assist with budgeting and financial planning that your attorney can share with you.

Financial planning is a vital step to ensuring long-term stability and happiness for your child.

In addition to seeing to all a child’s needs, you’ll also need funds for the various adoption professionals who’ll help you along the way. Many different professionals can be involved in a successful adoption. When adopting a child from abroad, the complexity increases in certain ways, and the final cost can be higher or lower.

Of course, no one can put a price tag on the value of a loving home or a new addition to the family. But would-be adoptive parents should always go forward with a clear understanding of exactly what’s expected from them. The cost of adoption requires forethought from most families.

The Costs of Domestic Adoption

The costs of domestic adoption vary, as with any adoption. For example, some adoption agencies strive to provide support for families that may not have extravagant financial means. More than 18,000 adoptions of newborn babies take place every year, and these include families from a variety of backgrounds!

The cost of domestic adoption can range anywhere from less than $15,000 to $50,000. The median cost – meaning about half cost more and half cost less – is between $30,000 and $45,000. This covers assistance from adoption agencies and various legal requirements throughout the process.

The Costs of International Adoption

In an average year, domestic newborn adoptions are much more common than international ones. Still, a steady number of parents look abroad each year, often hoping to give a child more opportunities to thrive. Naturally, each country has its own requirements and standards that can affect costs.

Today, most children adopted by Americans internationally originate from China, the Democratic Republic of the Congo, or Ukraine. However, the total number of children made available for adoption has dropped considerably since the early 2000s. Likewise, more stringent bureaucratic requirements are being enacted.

To give one example, costs of adoption from China were recently estimated at between $15,000 and $35,000. Adoption programs, post-placement fees, processing fees, and international travel will tend to push the final tally higher. The process can also take longer, due to coordinating with foreign agencies.

Manage Adoption Costs Proactively by Getting the Right Help Early

Most of the time, prospective parents begin their journey by contacting adoption agencies in their local area. It can be wise, however, to start with an unexpected source: An adoption attorney can ensure that you make informed decisions about how you wish to build your family through adoption.

Step Parent Adoption: 3 Unique Challenges

Wed, 10 Mar 2021 19:30:00 GMT

Step parent adoption is a major milestone in uniting two families into a blended, enduring whole. Step parent adoption is the process by which a person legally adopts the child of his or her spouse. Once this is complete, the step parent gains all the legal rights associated with parenthood.

Step parent adoptions happen thousands of times every year all over the United States. In fact, this is the most common method of adoption in the country. While there is no need to be intimidated, it’s important to recognize that there are certain challenges in step parent adoption. It may take months to finalize.

There are three unique challenges adoptive parents should know:

The Non-Custodial Parent Must Surrender Parental Rights

One of the biggest issues in any step parent adoption has to do with the non-custodial parent of the child to be adopted. Even if he or she is not present in the child’s life or on the child’s birth certificate, there are certain legal rights he or she holds as a biological parent. If there were formal separation proceedings, for example, the court probably established a schedule of visitation, because the ability to see one’s child is considered a parental right. But even if they never exercise that right or the court provided restrictions around access, the biological parents rights as a parent remain intact.

One of the earliest parts of step parent adoption is filing a petition with your local family court to terminate the other parents parental rights. The non-custodial parent may choose to waive all parental rights permanently by consenting to the adoption, clearing the way for the adoption to continue on a consensual basis. If the petition is contested, also referred to as nonconsensual, then you’ll need to attend court hearings to provide evidence and testimony to explain to a judge why the non-custodial parent’s rights should be terminated. This can require several court appearances.

You May be Required to Complete a Home Study Process or Court Investigation

Home study is a common part of adoption recognized in every state. Some states don’t require a full home study but order an investigation to be conducted by the court. During either process, a licensed social worker visits the home where an adopted child will live. The purpose of this visit is to ensure that there is a safe and nurturing environment where a child can flourish.

During home study or investigation, the social worker will observe family interactions. In a series of separate one-on-one sessions, he or she will conduct interviews with everyone who lives in the home – not just the parents. The social worker also makes informed judgments about safety, health, mental well-being, and financial stability.

While home study or investigation is comprehensive, it is not meant as a “gotcha.” Even if you have had challenges in the past, the most important thing is that you create a positive environment for your child right now. Courts give great weight to the results of the home study and investigation in deciding whether or not to approve an adoption. While a home study or investigation is required in every contested adoption, it is not required in every consensual adoption. Your attorney will advise you regarding what will be required based on your family circumstances.

The Work of Building Emotional Bonds Lasts a Lifetime

Once the adoption is finalized, a whole new journey begins. Since the family has been together prior to the adoption, there will be few new rhythms, however it is crucial to help the child continue to integrate and develop a positive routine. All Parents have their work cut out for them in spending time together, creating new family traditions, and going forward into the future together.

Step parent adoption is one of the most meaningful and joyous decisions a family can make. An adoption attorney makes the process much easier.

Coping With Adoption Stress

Thu, 21 Jan 2021 19:30:00 GMT

Adoption stress is normal and natural. After all, choosing to adopt is a big decision. Seeing the process through to the end can involve plenty of twists and turns. Any time there’s uncertainty to deal with, some stress is sure to follow – especially with something as deeply important as adopting a child.

There are two major sources of adoption stress for prospective parents:

1. Stress about the adoption process, its unknowns, and potential setbacks

2. Stress about your future as an adoptive parent and being prepared for it

It’s perfectly valid to have concerns, even worries, about both these issues. If you don’t address your adoption stress directly, though, it can become emotionally taxing. The wisest course of action is to admit the stress is there and look for constructive ways to address it.

When you take action on your adoption stress, it is that much easier to keep your attention focused on the things that are truly within your control. While the stress won’t completely disappear, you can find ways to reduce it and even direct it toward more positive purposes.

Dealing with Stress During the Adoption Process

From the outside, adoption can look like a challenging and mysterious journey. That’s especially true for first-time adoptive parents, but even those who have done it before don’t know “everything there is to know.” Luckily, there are effective and healthy ways to cope with adoption stress:

Connect with an Adoption Attorney Early on

The best way to navigate the adoption process is with help from an expert who cares. Only an adoption lawyer qualified to work in your state can give you accurate, helpful information every step of the way. This gives you a “bird’s-eye view” of what to expect and valuable help avoiding any oversights.

Seek Out Resources for Adoptive Parents

Many states and cities have special resources available for adoptive parents. Some of these may be available right away, such as parenting classes, whereas eligibility for others starts after adoption day. Discover what’s out there so you can use helpful programs to the utmost.

Remember Why You’re Here

Deciding to adopt is a moment of truth for anyone. Even if you’ve thought about it for years, it’s sure to be an emotional choice. Reconnect with your motivations: Building a family? Showing love to a child in need? These are what will get you through the toughest times, now and in the future.

Work Out Your Stress in Healthy Ways

Healthy stress relief habits last a lifetime, and it’s never too late to start. Meditation, exercise, writing a journal, or even simply making time for enough sleep can help with stress. Don’t skip stress-reducing habits just because they might change after the adoption is finalized!

Put It All in Perspective

If adoption is a journey, parenting is a life-long emotional commitment. Sometimes, especially as adoption day draws nearer, the enormity of it all is humbling. Remember: No one can ever be fully prepared to be a parent – and “feeling ready” is even rarer, no matter who you are.

Connect with Parents You Admire

Adoption support groups often welcome first-time parents during the adoption process, so you can start to build a network of support. Also look within your family and friend group to find parents who will be able to offer emotional strength, a sympathetic ear, and perhaps a pointer or two.

Adoption doesn’t need to be intimidating and stressful. With the right support, the path is much clearer. In Virginia, Maryland, and Washington DC, we can help. Contact us today.

New Adoptive Parents: Getting Support

Fri, 04 Dec 2020 19:30:00 GMT

Congratulations! Completing the adoption process is a tremendous life milestone for you and for your child. It's often the case that the process is so consuming, new adoptive parents focus all their time and energy on it. When it's all over, the future can seem daunting. What do you do next?

Of course, you want to spend plenty of time with your child. Get started on new routines, making memories, and creating the little traditions that build a lifetime of family love. Every family's needs will be different, and there is no one "right" way to prepare for it all.

However, many new adoptive parents find themselves with similar questions, feelings, and concerns. In every state around the United States, new adoptive parent resources have been developed to help.

As a new adoptive parent, it's important to build up your social support network. At the same time, you might need to practice new habits to maintain your mental and physical health while learning your new duties as a parent. No matter your needs, there are options out there for you.

Here's how to connect with the resources you might benefit from:

1. Look for State Post-Adoption Support Services

Every state has its own network of post-adoption support services. These run the gamut from informational sessions with adoption experts to respite care, youth activities, training, and therapeutic support. That means it's a terrific way to get referrals all in one place. While most of the services are provided by private companies, you may also be eligible for certain state-subsidized benefits within the first year after adoption.

2. Contact a Tax Professional About Adoption Tax Credits

Many parents invest a significant amount in the adoption process. Then, they have to spend quite a bit more to ensure the new member of their family is supported in every way. After your adoption is finalized, you might qualify for tax credits and benefits. Benefits are often available on both the state and federal level. These can exempt some adoption-related expenses from taxation and may save you hundreds or thousands.

3. Join a New Parent Support Group

New parent support groups are widely available in most towns and cities. While some groups are exclusively for adoptive parents, most of these groups’ welcome members with any type of family background. Attending a meet-up before joining is usually the best way to discover whether a group is a good fit for you. Plus, you just might make friends for life who will cheer you on during your parenting journey.

4. Explore Counseling Opportunities

When adopting, many couples do some counseling together to work on relationship and communication issues before the big day. Whether you are single or coupled, however, counseling can be helpful. With new family obligations come new emotions. New parents experience intense love, but can also be troubled by anxiety and doubt. An experienced therapist creates a safe, constructive, non-judgmental environment to explore feelings.

Last but not least, your adoption lawyer can continue to serve as an advocate and ally. When you move forward as a family, be sure you discuss your goals and concerns with your adoption attorney. Through years working with hundreds of families, legal experts involved in adoption learn a great deal about local resources.

Single Adoptive Parents: Joys and Challenges

Wed, 18 Nov 2020 19:30:00 GMT

Today, a growing number of single people are choosing to adopt.

Research shows children adopted into single parent households adjust to their new family situation just as well as those in two-parent households. Plus, a single parent who completes an adoption is statistically more likely to feel positive about the process and be happy with their decision.

Who Is Most Likely to Become a Single Adoptive Parent?

Many single adoptive parents share certain characteristics:

· Women are more likely than men to adopt and more likely to adopt kids with special needs

· Most single adoptive parents have a strong support network of family and friends to help them

· Single adoptive parents are motivated by the same reasons to pursue parenthood as couples

It might seem adopting as a single parent would be challenging, and it can be. However, it happens thousands of times every year. In fact, about one third of all U.S. adoptions happen in single parent homes. While the process can have ups and downs, it is very attainable.

Preparing to Adopt as a Single Parent

We all know nothing in life can truly, fully prepare you to be a parent. There will always be joys and wonders you've never experienced and challenges you never imagined. When you feel called to adopt, however, there are steps you can take to be ""as ready as can be.""

Let's look at some of them:

1. Think About Your Current Support Network

Just because you aren't in a relationship, it doesn't mean you're alone. Think about your family and closest friends. How strong are your roots? Who could you count on to run out for a bottle of formula or watch your child for a few hours in an emergency? Every parent strives to be as capable as possible, but it takes a village. How big is yours?

2. Reach Out Within Your Community

Parenting is easier when you can share the journey with others who understand. Even if you don't have any ""mom friends"" right now, you can still surround yourself with like-minded people. Adoption and parenting support groups are available in most large towns and cities. Sit in on a group early on so you can be sure it's a positive and encouraging atmosphere.

3. Make a Financial Plan

Financial health is one area adoption agencies are sure to ask about. The more you plan in advance, the easier it is to show them you have a strong vision for stability. A household budget is a great start. Pay down minor debts and start saving where you can. Also consider how parenthood might change your work-life balance and what career-related steps you want to take in the next year.

4. Explore Local Adoption Agencies

Finding a compatible local adoption agency is a must. Some agencies won't accept single adoptive parents. Others may say the right things, but fail to invest the time and resources to move you forward towards your goals. Check in with as many local agencies as possible and ask plenty of questions. If you don't feel completely satisfied with how an agency treats you, listen to your instincts.

How to Start the Process of Step Parent Adoption

Wed, 04 Nov 2020 22:30:00 GMT

Step parent adoption is one more marker on the path to blending two families into one harmonious whole. No matter how long you've been in a relationship with your partner, it is important to pursue step parent adoption because it confers unique parental rights. This lets you make decisions about the safety and well-being of your partner's child the same way you could with a biological child.

Specifically, parental rights mean:

1. You have a right to physical custody of the child, including regular contact and visitation with him or her

2. You have legal custody, the ability to make decisions about the child's health, education, and religion

3. You have the right to pass property on to the child through the legal and tax benefits of inheritance

4. You have the right to a child's earnings, if any, and to inherit from him or her in the event of death

As valuable as all of these things are, there's another reason to go forward with step parent adoption: It helps protect you from legal problems. When you complete the step parent adoption process, the parental rights of the non-custodial parent are terminated, so there is no confusion about who is a child's legal guardian.

Step parent adoption is a serious but worthwhile undertaking. For many couples, it is just as meaningful as living together or getting married. It also marks a new chapter in the life of the child, who can look forward to the future with clarity and stability knowing that their new family is sure to last.

Today, step parent adoption is the most common way to adopt children in America.

How to Get Started with Step Parent Adoption

Different states have varying standards and practices when it comes to step parent adoption. In general, though, the process has several sequential steps. An adoption attorney can help you meet the requirements by ensuring you file the right paperwork and prepare effectively for each phase of the journey.

Here's how step parent adoption unfolds:

1. Initial Court Filing

Step parent adoption begins with a petition to the family court in the relevant county. The petition must be filed in the county where you reside, where the child was born, or where the child is living now. The filing serves as notice to the court that you intend to proceed with adoption.

2. Termination of Parental Rights

Once the court accepts the petition, the non-custodial parent must terminate his or her parental rights. The parent can abandon their rights to the child by submitting a signed waiver to the court. Otherwise, you must prove to the court that the non-custodial parent is unfit. This can require several court hearings.

3. The Home Study Process

A home study is a common part of adoption, although it can sometimes be waived by the court. During a home study, a licensed social worker conducts interviews with each member of the household and ensures the home environment is safe, secure, and healthy.

4. Legal Transfer of Child Custody

After the home study, the social worker submits a report to the court with recommendations. As a rule, the court weighs home study findings heavily in whether to approve an adoption. Some states require that the petitioning step parent be married to the biological parent for a period of time before custody is granted.

What If There Are Medical Issues in a Surrogate Pregnancy?

Wed, 12 Aug 2020 18:30:00 GMT

Surrogate Carriers are chosen based on a number of health criteria that maximize the odds of a healthy, safe, and simple pregnancy. But, like any pregnancy, surrogacy presents possible medical challenges.

In addition to the pregnancy risks expected by most mothers, the IVF process entails some mild risks of its own. Because doctors understand these risks and how to screen for them, a surrogate mother receives enhanced prenatal care and testing.

This testing may reveal risks or abnormalities at any time throughout the process of becoming pregnant and the pregnancy.

Likewise, there is always a small possibility of pregnancy complications even when the surrogate carrier is very healthy. When medical complications happen – or are simply deemed more likely than average – the Intended Parents are consulted for all major decisions.

The Role of the Surrogacy Contract in Preparing for Medical Needs

A surrogacy contract lays out the specific details of the relationship between the surrogate and the Intended Parent(s). Aspects covered include things like the surrogate’s compensation and the expectations the surrogate must follow.

This includes general details, such as:

That the surrogate should attend all prenatal examinations required by a doctor

That the surrogate should avoid risky behavior such as drinking alcohol or smoking

That medical records related to the pregnancy should be open to the Intended Parents

There can also be very specific stipulations in the surrogacy contract. These include provisions for the medical bills incurred by the surrogate carrier as a direct result of the pregnancy. As a general rule, these bills become the responsibility of the Intended Parents.

Unexpected Medical Complications During the Surrogacy Process

Medical expenses related to a surrogate pregnancy include prenatal care, delivery, and post-natal care for both the surrogate and child or children. Because of the nature of IVF treatment, there is an enhanced likelihood of multiple births, including twins and triplets. This adds to the medical complexity of a pregnancy and may require additional care.

The surrogacy contract is a legally binding document like any other. It lays out the specific areas that the Intended Parents will be empowered to make decisions about. This gives them the final say in many matters relating to the health of the developing fetus.

Decision-making power includes the ability to make all decisions related to the termination of pregnancy if a medical issue is detected that impacts the life or health of the fetus.

When surrogates and Intended Parents are matched, one issue to look for is full agreement on hypothetical medical issues and how they should be handled. That includes an agreement in matters that are difficult to discuss, such as a non-viable pregnancy.

In the case of a complex multiple pregnancy with a high likelihood of complication, steps must be taken in accordance with an ironclad surrogacy contract. A good contract ensures you have the latitude to examine all your options and make the best decision based on the facts.

Jennifer Fairfax Prepares You with the Surrogacy Contract You Need

Jennifer Fairfax leads an experienced team of adoption and ART attorneys licensed in Maryland, Virginia, and Washington DC. With many years of experience in adoption, surrogacy, and the use of sperm, egg, and embryo donors, she offers the insight and compassionate care that makes the process easier.

To find out more or get started, just contact us today.

Do I Need a Private Attorney If I Am Using a Program to Find a Surrogate?

Wed, 29 Jul 2020 18:30:00 GMT

Surrogacy is a complex journey. A successful surrogacy journey takes lots of preparation and may require months of work both before and after the pregnancy.

At each step, prospective parents are called upon to make key decisions and share in their child’s entire life story. The choices they must make will reverberate throughout the child’s early life, and many of those moments have major legal ramifications.

A surrogacy agency helps to simplify many aspects of the journey which might otherwise feel overwhelming. But even if you choose to use a surrogacy program, it’s crucial to have a private attorney.

Surrogacy is Simpler with The Right Surrogate Legal Services

Surrogacy is one of the most complex topics in family building law. Laws on surrogacy vary by state, and in some states, they are still in flux. First-time intended parents are protected by seeking out a surrogacy program, but these agencies cannot provide surrogate legal services to every client.

In fact, most surrogacy agencies expect clients to bring their own legal representation or they will refer them to an experienced ART attorney to assist with all the legal steps in surrogacy. The program may have recommendations and guidance on legal matters, but they cannot offer you specific advice on legal matters.

Using a surrogacy program provides some significant advantages:

A surrogacy program matches you with a surrogate based on the criteria you set
An agency coordinates effort between your medical team and your legal team
Agencies facilitate access to needed services, including emotional counseling

The services provided by a surrogacy agency represent hundreds of hours of work behind the scenes. This is ideal at a time when prospective parents are preparing for the arrival of a child, often their first. Surrogate legal services smooth the path further by doing what an agency can’t.

The Five Biggest Reasons Surrogate Legal Services Are a Must-Have

Surrogacy legal services help you bring your family together faster in five essential ways:

1. You Can Make Informed Decisions

Understanding your options is vital when you are making any complex legal decision. Some states are more surrogacy-friendly than others. Cross-state surrogacies, in particular, can be very complicated. Surrogacy legal services ensure you are compliant with all laws and regulations.

2. Your Surrogacy Process is Protected

Your surrogacy legal services don’t just stop at keeping you in the know. Your attorney works to ensure all necessary paperwork is filed on time.

3. You’ll Complete Your Surrogacy Contract

A surrogacy contract establishes the rights and responsibilities of the surrogate and the intended parents throughout the process. That ranges through the pregnancy and beyond. Your attorney protects you from risks and liabilities by ensuring the contract meets your needs.

4. Your Rights and Interests Will Be Safe

A trusting relationship with an intended surrogate is not enough to ensure your desires will be respected. That relationship is a strong foundation, but difficult questions can arise that may lead to friction later on. Your legal team equips you for all possibilities.

5. You Can Establish Parental Rights Quickly

The legal rights of the intended parents must be established very soon after the child is born. The steps necessary to do this vary by state. By following the processes quickly and accurately, you can rest assured full parental rights are transferred to you.

We are ready to help you on your surrogate journey in Maryland, Washington D.C., and Virginia. We’ll work with you and your surrogacy agency every step of the way for a comfortable, predictable, and transparent process.

For compassionate help from an expert you can trust, contact us.

Starting Step-Parent Adoption? You Might Not Need to Notify a Bio-Parent

Wed, 15 Jul 2020 18:30:00 GMT

Maintaining a positive relationship with the other bio-parent of your child is not always possible. In many cases, despite your best intentions, you might find the other bio-parent is irresponsible and unreasonable. This can raise questions as you move forward with step-parent adoption.

With step-parent adoption, your spouse can obtain parental rights over your child.

Parental rights include the ability to make key decisions about a child’s well-being:

Education

Healthcare

Religious upbringing

General decision-making

With parental rights, your spouse can speak on a child’s behalf with the same legal force you do. When you have completely decoupled from a bio-parent, it makes sense to ensure your family structure reflects your relationships.

Notifying a Bio-Parent About Step-Parent Adoption

When a bio-parent is hostile or deceptive, it adds emotional stress and other complications to raising your child. Even if a bio-parent is uninvolved, it is important to make sure you protect your legal rights by going through the step-parent adoption process.

Do you have to notify a bio-parent about step parent adoption?

The answer depends on the bio-parent’s status.

If the Bio-Parent Has Already Had Parental Rights Terminated

In some cases, a bio-parent voluntarily surrenders parental rights as part of decoupling. This decision can be executed through the courts in some states. It often happens as part of the ongoing negotiation process for child support and other considerations.

In cases of child abuse or neglect, courts can withdraw a bio-parent’s parental rights. This can be accompanied with a restraining order or other protective measures to ensure a child’s future safety. Child support payments can continue in this situation.

Termination of parental rights means the bio-parent no longer has legal standing in regard to the child. He or she cannot make decisions on the child’s behalf and cannot interfere with decisions made by the custodial parent. In legal effect, the bio-parent is a stranger.

If the bio-parent’s parental rights are terminated, you do not need to notify them about a step-parent adoption. The decision to go forward with the adoption is entirely up to you. However, you should adhere to the terms of any existing contract with the bio-parent.

If the Bio-Parent’s Parental Rights Are Still Intact

It is often the case that a bio-parent is no longer involved in a child’s life even though that parent still retains legal rights. For example, a bio-parent may stop paying child support, might move to a different state, or otherwise take measures to “disappear” and avoid parental responsibility.

That said, the bio-parent’s parental rights are still intact until nullified by a court.

In these cases, both biological parents must consent to the adoption. An estranged biological parent may be willing to surrender parental rights without delay. However, some might assert their parental rights, which requires you to make your case in court.

Your goal in a court hearing is to argue that the other bio-parent should have parental rights revoked. There are two common ways a court recognizes this is the best interests of the child:

Unfitness

A parent can be deemed unfit if he or she is abusive or neglectful, or if currently incarcerated in some jurisdictions.

Abandonment

Abandonment is recognized if a parent has not paid child support or contacted the child within a specific period of time, usually a year. Each state that has an abandonment statute has a different definition so obtaining legal advice is critical.

In addition, a successful challenge to paternity can remove parental rights.

Can I change my name if I am adopted as an adult?

Wed, 08 Apr 2020 18:30:00 GMT

What Are Adult Adoptions?

Adult adoptions enable an adult to enter a legal parent-child relationship with another adult who is a parental figure to them. This relationship confers all of the same rights and responsibilities as a biological parent-child relationship. For example, the child can inherit property from the parent.

An adult adoption also severs all existing parent-child relationships pertaining to the adoptee and their prior parents unless the adopting parent is the step-parent of the adoptee. In that case, the adopting parent’s spouse maintains his or her parent-child relationship with the adoptee.

Most of the time, an adult adoption is pursued to grant inheritance rights to the person being adopted. Of course, there’s also an important social reason – the chance to formalize a family bond that already exists and may have been growing strong for many years.

What Is Required For Adult Adoptions?

The specific steps and paperwork required for an adult adoption vary by jurisdiction.

The parties must submit a petition for approval to the state court usually where the Petitioners reside. The petition for adoption provides specific details, including the ages of the parties, information about their relationship, and why they are seeking adoption.

After the adoption petition has been reviewed and all legal issues addressed to the satisfaction of the court, the court will produce a formal court order granting the adoption.

If the Petitioner is married, then their spouse’s consent is also required. Spousal consent must be obtained in written form. This form simply confirms the marital relationship, the date of marriage, and the spouse’s consent to the adoption.

Bear in mind this is only a general outline of the process. Specific details can change based on state and local laws. Knowing that, it’s important to discuss your needs with an adoption expert.

Can I Change My Name During Adult Adoptions?

The legal rights conferred by adoption are the same whether the adoptee is a child or adult. The adoptee will be able to make a name change during the process; a step referred to as surname change. All adoption records are sealed once the process is complete. However, many courts require public notice for name changes of adults to ensure the name change is not for fraudulent purposes.

Once the name change is complete, all the adoptee’s personal records will reflect the change.

I was adopted, how do I get a copy of my original birth certificate?

Wed, 01 Apr 2020 13:15:00 GMT

What is a Birth Certificate?

A birth certificate is an official government record used to verify the details of a person’s birth. It is used throughout life to prove the individual’s identity and citizenship.

An official birth certificate lists fact including the person’s full name, date of birth, gender and race. It is particularly important because it serves as a record of birth date and location. It also lists the names, ages, and birthplaces of the parents.

Standards for a birth certificate vary by state. Not all states will require all information.

For example, some states require the name of the attending physician or midwife, but not all do. Some information may be omitted from the initial copy of the birth certificate only to be included later. States maintain copies of birth certificates registered in their jurisdiction, including those produced after adoption.

When Are Birth Certificates Necessary?

Birth certificates are used for a wide range of tasks throughout childhood and adult life. For example, they are used for school registration as soon as the child is old enough. They are also used for other youth programs, such as sports programs.

The birth certificate is one of the most valuable records used to confirm a person’s status as a U.S. citizenship. It is also necessary in adoption and for marriage. Sometimes, it may be used to gain access to other personal records.

Despite all this, it is not unusual to lose birth certificates as time goes on. Likewise, adoptees do not always have access to their original birth records, as these are sealed after adoption is complete and their current birth certificate lists their adoptive parent(s) not their birth parents.

How Can an Adoptee Get Their Original Birth Certificate?

As newborns are delivered, birth certificates are completed by hospitals and then submitted to the state for archiving. Each state of the United States has its own procedure for requesting a copy of one’s birth certificate.

Requests for a birth certificate can be made by mail, online, or in person. However, if you were adopted and have sealed records, you may need to take extra steps to obtain your original birth certificate (i.e. with your biological parent(s) listed). In the past, records were safeguarded to avoid bringing public scrutiny onto parents.

For adoptees, in many states, the process looks like this:

1. Find Out If You Need a Court Order

About two dozen states, plus several territories and Washington DC, require adoptees to obtain a court order to receive a copy of their original birth certificate. This entails filling out an official petition and submitting it to the court.

2. Submit Petition and Attend Court Hearing

Once the petition is complete, it is reviewed by the court clerk, who usually sets a date for a court hearing. During this hearing, you have the opportunity to discuss your reasons for seeking your original birth certificate. Most judges, but not all, will expect an emergency situation or sufficient facts to ensure the privacy of the birth parents is protected if they requested anonymity at the time they made the adoption plan.

Medical needs are the most common reason judges grant requests for birth records after adoption, however, the court may order an intermediary reach out to the birth parents before disclosing their identities even in an emergency.

3. Obtain a Confidential Intermediary If Needed

In some jurisdictions, it may be necessary to obtain services of a confidential intermediary to access birth records even after you’ve been given access by a judge. In other cases, you will be given immediate and direct access to your records.

Compassionate help from an adoption law expert can make the process of obtaining your birth certificate faster and easier. We provide years of experience in all aspects of adoption legal counsel. They will guide you every step of the way to reach your goals.

To learn more or get started, contact us today.

What are the Factors that Impact the Length of Time it takes to Adopt?

Fri, 20 Mar 2020 17:30:00 GMT

No two adoption journeys are exactly the same, just like no two children are exactly the same. The length of time it will take to adopt your child varies due to a number of different factors. Individual situations and preferences on your part and on the part of the expectant parents make your journey unique, but also richly rewarding.

STATE OF RESIDENCE

In order to serve the best interest of all the parties involved, especially the child, the adoption process is governed by both interstate and local state laws. Not all state laws are exactly the same. Each state has the right to determine certain aspects of how an adoption is conducted, the paperwork that needs to be filed, and where it needs to be filed and when.

GENDER PREFERENCE

If you choose a gender specific adoption, there is a good possibility that your process will take a little longer and most adoption professionals have a policy that does not allow gender specificity. Despite the increasing popularity of gender reveal announcements among parents who intend to parent their child, a majority of birth mothers do not know or choose to not learn the gender of their unborn child until the birth. And for those who do, ultrasound interpretations are not 100% accurate. It is important to understand this if you have your heart set on a boy or a girl.

RACIAL PREFERENCE

The more flexible you are with your preferences, the more likely it is that you will have a shorter wait to have your child home with you. Statistics regarding domestic adoption do show that families that wish to adopt a Caucasian newborn will wait longer. Most families that are open to children of any race including multiracial and biracial children have more opportunities and therefore often adopt sooner.

YOUR AGE

Most birth mothers prefer to place their child with younger established parents, so if you are between the age of 28-40, you are likely to be matched sooner. While more and more people are hoping to become parents in their 50s and 60s, for this age group it’s a better option to consider adopting older children either internationally or from the foster care system.

NUMBER OF OTHER CHILDREN

Adoptive parents with other children in their family have to consider the needs of the other children as well as those of the new baby. It takes time and careful planning to make sure that they are emotionally ready for the dynamic of their family to change before you can begin the process.

You also have to determine if you can physically accommodate the new baby. For example, do you have enough bedrooms, or will some of your other children have to double up for the first time? Preparing your other children for the new arrival may lengthen the process, but it can make adopting a joyful time for the entire family.

FINANCES

While there is no greater gift you can give your child than unconditional love, it is very important that you know what you can afford, both now and in the future. While private adoptions are actually less costly than going through an agency, you may need to have a discussion with your spouse to determine if you need to make any changes.

Sometimes, just creating a budget and eliminating unnecessary expenses can make a big difference. There's also an adoption tax credit available along with possible grant money. You may have to take a little more time to tweak your finances before getting started, but it will definitely be worth it.

Does a Sperm Donor have to Consent to a Second-Parent Adoption?

Wed, 15 Jan 2020 15:00:00 GMT

Second-parent adoptions have been around longer than many people realize because up until 2017, they had not been legalized in all 50 states. DC, for example, legalized second-parent adoptions over 20 years ago, which has led to the establishment of laws to protect all parties involved. Virginia came on board in 2014 for married same-sex couples and although Maryland has been granting second-parent adoptions under case law for over 20 years, the new law that came into effect June 1, 2020 extends those laws to ensure that both married and unmarried couples can take advantage of the law and to allow for expedited second parent adoptions.

WHAT EXACTLY IS A SECOND-PARENT ADOPTION?

A second-parent adoption typically involves an unmarried couple where one partner wants to adopt the other partner's child. This process protects the first partner's legal rights as the biological or adoptive parent while granting their partner, or second parent, the same parental rights.

Perhaps you are already bonded with your partner's child and are living together as a family. While love bonds you, a second-parent adoption legally protects both partners and the child. Some of the more common occurrences involve a male couple who uses a gestational carrier or a lesbian couple where one partner bears a child with the aid of a sperm donor. We are going to discuss the legalities when a sperm donor is involved.

DONOR AGREEMENTS

There are two types of donors, those who donate anonymously through a sperm bank and those who are chosen by the prospective parents, such as a friend or acquaintance and referred to as a known donor.

When a donor does so through a sperm bank, he is required to sign an agreement with the sperm bank which surrenders all of his ownership rights to the sperm and any potential parental rights.

However, if the parents choose a known donor, it is highly recommended that all parties sign an agreement before the process begins that clearly defines the donor's role in the child's future or if he will have any part in the child's life at all.

SPERM DONOR RIGHTS AND RESPONSIBILITIES

Known sperm donors, or sperm donors who are chosen by the parents, have certain rights and responsibilities pursuant to whatever legal proceedings have taken place up to the time that the sperm donor contract is signed. If you choose your donor, it is very important that both parties consult with an attorney to ensure that everyone's rights are fairly represented with regard to the child.

A known donor's rights often depend on whether conception has taken place at the home of the parents or under the supervision of a doctor in a medical facility. If a legal dispute should arise later on, a doctor would be the most credible witness and most doctors will not perform medical services involving a donor without a written agreement regarding the parties' rights and responsibilities.

WHEN DONOR CONSENT IS NECESSARY

In cases where a known sperm donor was used for the conception of a child who is now the focus of a second-parent adoption, a signed document of consent from that donor is required in Maryland and Virginia – but not in most DC cases.

If you are seeking a second-parent adoption, it is vital to consult with an experienced attorney dedicated to facilitating your desire to legally unify your family and protect the best interests of your child.

Is an investigation or homestudy required in a second parent adoption?

Thu, 02 Jan 2020 14:00:00 GMT

A second parent adoption happens when a second parent obtains complete parental rights without the “first parent” losing any rights.

Second parent adoptions are common for same-sex couples. Paternity or maternity of the child creates a clear family bond for one parent. The other parent establishes a parental relationship through second parent adoption.

Second parent adoption is also helpful for mixed-sex step families.

Why Should Families Consider a Second Parent Adoption?

A second parent adoption is a way of legally recognizing a co-parent relationship that may already exist. By entering into this arrangement, the second parent’s rights are protected.

There are many situations where legal recognition of parental rights can be essential to protecting a child. If one parent becomes ill or has an accident, it may be necessary for the second parent to make decisions independently for the child’s well-being.

For example:

· Parents have the right to physical custody of the child, including regular contact.

· Parents have the right to make decisions about health, education, and upbringing.

· Parents can pass property on to their children through gifting or inheritance.

· Parents have the right to a child’s earnings should they engage in legal work.

Understanding the Role of a Homestudy in Second Parent Adoption

Second parent adoption is available in Maryland, Virginia, and Washington DC.

Usually, an adult may adopt the child of his or her partner as long as the child does not have another legal parent or guardian. In some cases, the child needs to have been born in the local jurisdiction.

Virginia does not allow second-parent adoptions but does allow step-parent adoptions for same-sex couples. In Maryland, based on a new law written in part by Jennifer Fairfax, a homestudy or investigation is waived in second-parent adoptions. In DC, a homestudy is waived in step-parent adoptions (where the same-sex couple is married or has a domestic partnership) but not for unmarried same-sex couples and in VA, the investigation is waived for married same-sex couples. Each jurisdiction also has varying requirements regarding background criminal clearances.

In cases where a home study is required, it is performed by a licensed social worker. Most of the information in a homestudy is biographical

When required, what Questions Are Asked During an Adoption Homestudy?

Some areas the homestudy explores include:

1. Your Background

Background questions include things like your upbringing, education, work history, hobbies, and interests. The relationships between the household members will also be explored. You'll also need to submit details on your finances and home, as well as character references.

2. Medical Mental Health History

Physical and psychiatric illness are both considered in the homestudy process. Family members should be prepared to submit information on past and current medications as well as counseling. A letter from the treating physician or therapist will help the process along.

3. Legal History

Family members with any history of drug or alcohol abuse, domestic violence, child abuse, or sexual abuse will discuss those details in the context of meeting a child’s needs. This is to help measure the ability to develop parenting skills and healthy emotional attachment.

4. Your Motivations for Adoption

Everyone comes into adoption with their own goals and motivations. That’s just as true of second parent adoption! You’ll be asked about your hopes for adoption and level of knowledge on the process. Adoptive parent educational training is required in some cases.

If you’re concerned about specific issues – like a past arrest, unemployment, or illness – it’s a good idea to discuss this with your adoption agency before the homestudy is scheduled. In many cases, these factors alone don’t present any issue. Better to find out sooner than later!

What is required of me to be an egg donor?

Wed, 18 Dec 2019 16:00:00 GMT

As an egg donor, you have the opportunity to become an important part of a recipient family’s journey toward parenthood. Egg donors provide eggs to a family to facilitate pregnancy. The pregnancy can be carried to term by the future mother or a surrogate who carries the child for the parents.

To make sure the eggs are healthy and to increase the likelihood of a healthy pregnancy, donors are asked to uphold standards like these:

1. Be healthy and relatively young

Fertility starts to decrease in the 30s, so most egg donors are between the ages of 21 and 29. Donors should be screened for reproductive diseases and disorders and should have no history of reproductive issues prior to becoming a donor. Donors must also have both ovaries.

2. Have a healthy weight and lifestyle

Lifestyle issues like alcohol consumption, smoking, and drug use can be considered as families select an egg donor. All of these behaviors can have a negative influence on egg health. Fitness and activity level may also factor in, though a broad range of fitness levels are permissible.

3. Be psychologically sound

Emotional health contributes to a successful donation process. Psychological screening is an integral part of egg donation throughout Maryland, Virginia, and Washington DC. Donors with a history of serious mental health issues may be disqualified.

4. Submit a family medical history

A family medical history typically covers the would-be donor’s immediate relatives for two or three generations. It helps improve prenatal care and make the recipient family aware of the potential for any congenital health issues or pregnancy complications.

5. Meet other requirements as needed

There may be other requirements specified by the donor family. If so, these will be spelled out in the agreement presented to the donor. For example, some recipient families may wish to focus on donors who have a college education or other traits.

What is Required of the Egg Donor Before Egg Removal?

Egg donation is a comprehensive process that takes a bit over a month. To begin, blood work is performed to test hormone levels in the donor’s body. A physical and other screenings are done early on, too.

In a few weeks, medication is introduced to the donor that stimulates the growth of multiple eggs within the ovaries. Medication is usually taken for more than a week. Appointments must be held regularly to monitor progress.

When development completes, eggs are removed in a brief surgery that requires sedation.

The egg donor cedes the right to be part of the child’s future life and has no contact with the recipient family. In anonymous arrangements, the donor and recipient family have no details they can use to contact one another.

That said, some egg donors are chosen by a recipient family because of their existing relationship. In either case, the donor will consult with an assisted reproduction attorney and sign a contract laying out all rights and responsibilities.

You do not need to live in the same state as the surrogate or recipient parents to donate eggs.

Are you interested in becoming an egg donor? Are you thinking about using an egg donor to reach your reproductive goals? In Maryland, Virginia, and Washington DC, we can help. Our adoption and assisted reproduction attorneys guide you every step of the way.

Public Agency Adoption: Mediation Dos and Don’ts

Wed, 02 Oct 2019 13:15:00 GMT

During the public agency adoption process, mediation may be held between an adoptive family and the child’s family of birth. Mediation helps resolve potential conflicts in open adoptions, where the families are aware of one another’s identities.

Mediation is a collaboration that starts with a mediator meeting individually with the key parties. Parties are not brought together until the mediator has an understanding of their viewpoints.

The end goal of mediation is to develop a post-adoption contract. This is an agreement between the adoptive family and the birth family about the frequency and nature of contact and communication the birth family may have with the child.

These agreements are maintained (and can be ) until the child reaches adulthood. When entering into mediation for a public agency adoption, remember these tips:

1. Stay Focused on the Child’s Best Interests

It’s hard to compromise on things you feel are deeply important to your child’s well-being. Remember, though, that first impressions can be wrong and there may be more to consider. The best course for a child is sometimes found between the families’ initial positions.

2. Respect Other Family Members

You may bring family, friends, or others of your choosing to the mediation, but only the affected parties can participate in discussions. Try to stay calm throughout the proceedings. Use the mediator as a resource and take a break if you feel exhausted or overwhelmed.

3. Set Clear Boundaries for Contact and Communication

In your discussions with the mediator, you’ll have the time to work out your hopes for the final agreement in writing. This should include clear boundaries for frequency and type of communication, including visits and online interactions like email and social media.

4. Maintain Open Communication with Other Parties

For both sides, communication is the key to making sure the terms of an agreement are upheld long-term. Keep the lines of communication open during the mediation by asking clarifying questions, especially if you feel upset by what you believe the other party means.

5. Know a Child’s Needs May Change in Time

Although a post-adoption agreement lasts for years, children grow and change fast. It might be necessary to occasionally revise the terms of your agreement. For example, stay attuned to a child’s signals that he or she wants more contact with birth parents. Tensions can flare during any mediation. Even with the best of intentions, it’s possible to work against the process. Remember these don’ts as you get ready for the big day.

6. Don’t Be Hostile or Adversarial

When insults or accusations come out, communication shuts down. Even in cases where there’s wrongdoing in the past, the mediation is a forum to look after the child’s needs in the future. Call on the mediator if anyone oversteps bounds or you need a break.

7. Don’t Conceal Relevant Information

Any agreement has to be built on transparency, honesty, and good faith. For example, if you agree your child will meet with birth parents once a quarter, but you have plans to move to another state in a few weeks, this is information that you should disclose.

8. Don’t Forget to Include the Child

The child’s perspective is valuable at any age since it lets you know where they stand with the birth parents emotionally. Older teens may wish to participate directly in the mediation process, and should be heard.

Preparation is the key to a successful public agency adoption. For help from compassionate and knowledgeable adoption attorneys, contact us today. We are here to help.

How do I know my baby will be safe with the adoptive parents?

Thu, 19 Sep 2019 17:00:00 GMT

As expectant parents, you want to make sure the adoptive parents who will be raising your child will provide them with the best quality of life possible. Couples who apply to adopt a child typically do so with the truest intentions. Many can't have children on their own or already have children and simply want to expand their families. As adoptive parents, they understand how important it is to make sure the child they receive gets the best life possible.

Extensive Screening Process

In order for a couple to be considered for adoption, they must pass an extensive screening process. This includes a thorough home study that shows they are capable of providing the highest quality of life possible. In addition to the home study, the adoptive parents may also be required to go through an extensive interview process that will provide the adoption agency with the information they need to ensure the couple understands what adoption entails.

In addition to the screening process, the adoption agency wants to ensure that the child will be raised in a secure, safe, and loving home environment. The couple can own or rent their home as long as it is well-maintained and provides everything the child will need to live comfortably.

Background Checks

Background checks are used to ensure that the adoptive couple does not have any criminal charges against them that indicate they would harm or injure the child or another family member. While a background check is not a foolproof method of ensuring the child's safety, it is a good way to uncover information that may not be in other types of records. A thorough background check includes all types of criminal activity and will alert the adoption agency to any type of behavior or activity that could possibly lead to an unhealthy environment for the adopted child.

Involvement in the Selection Process

In many cases, the expectant parents are allowed to play a role in the selection of the adoptive parents. Once prospective, adoptive parents have been thoroughly screened and vetted, the expectant parents can go over the information and decide which set of parents they want to receive their child. There are instances where the choice is made based on the adoptive parents' willingness to allow the biological parents of the child to take part in his or her life. This can mean receiving updates and pictures on a regular basis or playing an active role and being allowed to attend the child's events and celebrations.

There will always be a certain amount of uncertainty when it comes to an adoption, but the process is designed to ensure that the child is as safe and comfortable as possible. As expectant parents, it can be difficult to put your child up for adoption. The adoption, however, will do everything possible to that the child will have the highest possible quality of life.

Does My Private Agency Have to Be in the State Where I Live?

Wed, 07 Aug 2019 13:05:00 GMT

Every year, private adoption agencies help thousands of children find a loving forever home. Private agency adoption is distinct from public adoption, which takes place through the foster care system.

The purpose of a private adoption agency is to help families connect with prospective adoptive children and smooth the path toward permanent placement of adoptive children. Agencies work throughout the United States, and every state has many to choose from.

How Does Your Location Affect Private Agency Adoption?

No matter where you live in the United States, you are eligible to participate in private agency adoption if you choose. Some agencies operate in only one state, while others work nationwide, but most of them will be willing to work with you even if you reside out of state.

Being out of state creates a different process in some ways:

· Additional time required for paperwork approval between the states involved.

· Coordinating schedules for officials and families in different states.

· Investments in attorney and agency fees to keep the whole process on track.

That said, distance will never keep a family apart! There is no legal reason why you would not be able to adopt from out of state as long as you meet all of the standard eligibility requirements.

Out-of-State Private Agency Adoptions: What You Need to Know

While many states allow attorneys to facilitate adoptions, private agencies are often considered the “gold standard” in out-of-state adoption. They can make the process much easier for the adoptive parents and help you ensure the child’s best interests are preserved.

When adopting from out of state, the prospective parents must comply with all of the standard requirements for both states. Doing so usually requires working with both an agency and an adoptions attorney versed in interstate adoption law (“ICPC”).

One concern adoptive parents have in this process is home study. Home study is a standard part of the adoption process that requires interviews of parents and others within the household. A home safety review is also conducted to ensure a healthy environment.

A home study is carried out by licensed child-placement agencies in your state of residence. Agencies in both states must coordinate, verify, and approve findings. However, all states have steps in place to ensure these reviews can be carried out effectively.

Get Trusted Advice on Your Out of State Adoption Today

Private adoption agencies will do everything they can to make your out-of-state adoption easier. Still, it’s important to have personalized advice from an experienced, compassionate expert.

Intended Parent Legal Services: What Is Medical Clearance?

Wed, 24 Jul 2019 13:05:00 GMT

The journey of adoptive parents and surrogates can be a long and complex one that requires time and attention. The steps involved are usually put into place to help protect the individuals, including the Child. One of the first steps that happen in the surrogacy process is medical clearance. Learn more about what medical clearance is and why it’s necessary through Intended Parent Legal Services.

What is Medical Clearance with Surrogacy?

Medical clearance is a medical screening that evaluates the health of the surrogate. Pregnancy can be very hard on a woman’s body, and it’s necessary to determine whether or not a surrogate is ready to carry a baby. Think of it like a medical examination that an athlete has to decide whether they are healthy enough to go back out into the big game after getting knocked down.

Medical Clearance Process for Surrogates

There are several tests and screenings that are involved in the medical clearance process with some being somewhat routine and others that are more specialized. Some of the exams you can expect to go through as a surrogate include:

a routine physical and pap smear in the same manner as a yearly checkup
bloodwork that looks for infectious diseases
a saline sonogram that looks for fibroids or other potential issues inside the uterus along with examining the lining of the uterus
a hysteroscopy, which is a scope that examines the fallopian tubes and the uterus through the cervix

There may be other tests involved in your medical clearance required by the fertility clinic that you use or are based on your prior medical history. Also, keep in mind that if you’re in a relationship, your partner will also have to go through testing.

All of these tests have the intention of protecting your health through the surrogate pregnancy along with the health of the child.

Medical Clearance Process for Intended Parents

Intended parents may also go through a medical clearance process, especially if they are using their own genetic material rather than donor material. This process typically looks for any potential genetic issues along with any infectious diseases that could be passed on to the embryo. The health of any babies born through this process is the primary concern.

Becoming Medically Cleared

There are a lot of times when you’ll be playing the waiting game during the surrogacy process. It can take about two business weeks to get the lab results back regarding everyone’s testing. As long as there are no surprises on the test results, all parties will be medically cleared, and the next step in the surrogacy timeline will be started. Intended Parent Legal Services can help to guide you through this step.

Are you considering surrogacy and worried about all of the different steps involved? Do you want to be a surrogate, but aren’t sure about your rights in this process? Intended parents and surrogates can contact us today about Intended Parent Legal Services to discuss your situation. You can have your questions answered about the process and learn more about what to expect.

Can We Be Selective Regarding the Race of the Child We Want to Adopt?

Wed, 10 Jul 2019 15:30:00 GMT

Choosing to adopt a child is a huge step toward building your family. There are many preferences you must take into consideration, such as gender, age, and even race. Race is significant when it comes to a child's identity as they grow older. You have the choice of adopting a child of your own race, one of another race no matter what their gender, age, or race may be. This is a personal choice and must be carefully discussed.

Choosing Your Child's Race

Many people want to adopt a child that is the same race as they are. Others may choose a child simply based on their age, gender, and if they are older, their personality and character. Talk to the adoption professional that is working with you to set up the adoption. They can help guide you through this part of the decision-making process. If you choose to adopt a child, no matter what their race, there may be things you need to consider such as their culture and heritage and whether or not you will be able to provide them access to it.

Cultural Impacts of Domestic Adoption

Many cultures, including most Native American nations, require that adoptive parents provide adequate cultural contact and instruction to the child as they get older. This involves teaching them their native language and cultural traditions. While this may seem difficult to accomplish at times, it is an essential requirement that helps the child identify with who they are. The same can be said for any child who is adopted by parents outside of their race.

Being Matched with a Child

In addition to race, age, and gender, adoption agencies look to pair the right child with the adoptive parents. Many adoptive parents are willing to adopt older children. In this case, the adoption agency will do their best to find a child that meets the preferences of the adoptive parents and needs of the child. If the adoptive parents have not stated a preference for a particular race, then children with all racial backgrounds will be considered.

Adoption Preferences

When you are first interviewed by the adoption professional, you will be asked to set your preferences. Do you want a newborn or are you interested in adopting a child of any age? Do you have a preference when it comes to race? Most people will lean toward adopting within their own race, but there are others who only look at the needs of the child instead of their race, age, or gender.

If you are considering domestic adoption, you need to think about your preferences and make some important decisions prior to contacting the adoption professional . This will save you time and will allow them to find the best possible match for you. Above all the needs of the child will be the top priority for all involved. Domestic adoption is all about making sure the child has what it needs throughout its lifetime, including its heritage and culture.

CHANGES TO MARYLAND ADOPTION AND PARENTAGE LAWS: SECOND PARENT ADOPTIONS JUST GOT EASIER

Wed, 05 Jun 2019 15:16:00 GMT

Family Formation Law Office is excited to announce that effective June 1, 2019, Maryland adoption and parentage laws will be changed for the better!

The new law, found in Maryland Family Law Article 5-3B-27, applies to an adoption by:

“1) an individual who is the spouse of the prospective adoptees mother at the time of the child’s conception or birth; OR 2) an individual who, together with the prospective adoptee’s mother, consented to the conception of the prospective adoptee by means of assisted reproduction with the shared express intent of being parents to the prospective adoptee”

What is Different?

The new law streamlines and expedites the adoption process for couples who fall into one of the two afore-mentioned categories above. The law removes the requirement of providing certain documents mandated in other types of adoptions in Maryland (such as tax returns and health statements) and now will only require that the parties provide the child’s birth certificate, the parties’ marriage certificate (or if not married, then evidence of the parties’ shared express intent to become parents of the child by means of assisted reproduction), and a statement explaining the circumstances of the prospective adoptee’s conception (e.g. donor agreement, affidavit from fertility doctor and/or letter from cryobank regarding donor). In cases where there is a known donor, the parties will need to also provide a document evidencing the donor’s consent to the process.

Most significantly, the law removes any requirement of a court investigation, which was previously required by some counties. The change in the law also removes the requirement of a hearing, unless the court feels the need to determine whether there are additional parties who may be entitled to notice or whose consent may be required, if the court is not satisfied from the pleadings that appropriate notice or consent has been provided. In almost all second parent adoptions a hearing should not be required since the cases, by their nature are consensual arrangements between parents and in some cases, a known donor.

The law specifically authorizes second parent adoptions when the child’s parents are not married at the time, they have their child or seek the adoption. It also provides presumptions that a child born during a marriage is a child of the marriage and expands that presumption to unmarried same-sex parents who have a child by virtue of one partner giving birth to the child.

HB519/SB697 also updated terminology and definitions to include gender-neutral language to better support Maryland parentage and families. In addition, for couples who are not married but who conceived through assisted conception, the non-birth parent can now execute an affidavit of parentage so that he/she are able to be listed on the child's birth certificate.

To read the Bill, please visit: http://mgaleg.maryland.gov/2019RS/bills/hb/hb0519E.pdf

Family Formation Law Offices is ready and excited to work with families benefitting from the changes. Please feel free to reach out with any questions about how this law may affect you and your family.

What Happens if There is a Dispute Over the Terms of the Surrogacy Contract?

Thu, 09 May 2019 13:05:00 GMT

Ever since the infamous case of Baby M. in 1986, both surrogates and those who plan to become the child's legal parents are aware of the potential for contract disputes. At that time, the focus revolved around two questions: Is it legal for a woman to receive monetary compensation for a child she carried in her womb for someone else? And who really is the legal mother?

Since the early 2000s, however, surrogate legal services has gotten more complicated. The introduction of in vitro fertilization, IVF, and the legal and social acceptance of gay marriage has led to other disputes. Questions have been raised, such as: If the surrogate is inseminated via IVF, and the embryo is unrelated to her, are her rights to parentage the same as those of a traditional surrogate? How does the court system determine who the natural mother is during a custody dispute? Are those in same-sex relationships entitled to surrogacy services in order to have a child?

However, the primary issue that applies to all of these concerns is simply whether or not surrogacy contracts are valid and if the court should enforce them. This question went largely unanswered until the year 2000 with the introduction of the Uniform Parenting Act. The UPA stated that surrogacy contracts are valid and enforceable.

The American Bar Association (ABA) followed with the Model Act Governing Assisted Reproductive Technologies, adopted by the ABA House of Delegates in 2008. Its purpose is to protect the rights of all parties of a surrogacy contract. Expanded on and approved in 2016, it provides a basis for jurisdictions to create laws governing surrogate legal services.

This has led to surrogacy laws differing from one state to another.

Today most courts consider two aspects of the law as it relates to surrogacy contracts. The first is whether or not the contract is unconscionable, meaning it is unfairly one-sided, that one party is favored over the other. The second is something called the Commodification Argument. It purports that reproductive contracts, such as surrogacy contracts, are effectively treating women and children as commodities.

Neither aspect, however, is sufficient reason not to enforce the surrogacy contract.

Before having a surrogacy contract drawn up, there are a wide range of topics to discuss, including individual preferences that may affect fetal development. It is very important that all parties are in full agreement before going forward.

Additionally, the surrogate has the right to make her own decisions about medical care, including the possibility of reducing the number of embryos if multiples are conceived. This subject should also be discussed in advance. There is no sense in going forward if the surrogate and prospective parents disagree on this subject.

Should a dispute over the terms of your surrogacy contract arise, your attorney will act as an intermediary to help you resolve any problems to the satisfaction of all parties.

A surrogacy contract is both complex and individualized, so you need an experienced attorney skilled in surrogate legal services who has your best interests at heart, someone who will explain things to you and answer all of your questions.

We are ready to help you on your journey to surrogacy.

How Do We Know the Birth Mother is Telling the Truth About her Background?

Wed, 20 Mar 2019 14:00:00 GMT

Adopting a child is one of the most important decisions you can make in your life, so it is both natural and necessary that you would be interested in the birth mother's background. This is where birth mother screening services come in.

These services are a vital part of the adoption process, because they provide the birth mother with a complete understanding of what to expect and provide your agency with comprehensive information to insure you the best possible match.

WHY WE SCREEN BIRTH MOTHERS

The screening process protects you, the adoptive parents, and the agency from a variety of potential problems, such as:

The birth mother is not fully committed

Making the decision to give a child up for adoption can be a highly emotional one. Some birth mothers get cold feet. Others may not fully understand everything involved or the permanency of adoption. The questions asked are designed to help mothers be certain they are ready to make the commitment.

The adoption process is interrupted

The screening process includes counseling and support so that birth mothers remain confident of their decision.

The birth mother doesn't receive proper prenatal care

Your agency should coordinate the birth mother's prenatal care and encourage her to maintain healthy habits throughout her pregnancy.

The birth mother is a scammer

While rare, there is always a possibility that a woman will fake a pregnancy to scam adoptive parents out of money. A reputable adoption agency has the experience to identify a scammer.

THE SCREENING PROCESS

While every agency its own methodology for screening birth mothers, all reputable will include the following criteria:

Medical History

As an adoptive parent, you will want to be prepared for any possible complications during pregnancy or what your child may be predisposed to later on life. A complete, detailed medical history of both the birth mother and her family ensure that both you and your child are prepared for any potential medical issues that may occur in the future.

Social History

An experienced adoption knows the right questions to ask to determine whether or not the birth mother has a history of substance abuse. This is something you are entitled to know, especially if it has continued into her pregnancy.

Ongoing Support

Your birth mother is carrying the most precious person in your life, your child. Whatever benefits her during this time is also benefiting your baby. This includes education, counseling, and emotional support. When an adoption agency provides ongoing support to the birth mother, it not only helps ensure the health of your child but also gives the agency a window into how she is coping with her situation. Her feelings, including any possible fears or concerns, are a reflection of her commitment level, something of which you would want to be kept informed.

GET TO KNOW YOUR BIRTH MOTHER

There is no better way to stay in the loop than to make your birth mother part of that loop. Remember, while you are making plans to embark on the most amazing journey of parenthood, your birth mother is making the most selfless decision of her life. Show her that she's making the right choice, give her a reason to trust you, and you can develop a beautiful relationship, bonding over the wellbeing of a precious child.

Your birth mother wants to get to know you. She wants to envision what life will be like for her child. Be yourself and so will she.

Can I Surprise My Step-Parent With an Adoption of Me?

Thu, 07 Mar 2019 14:06:00 GMT

It is a natural inclination of many children to desire to be adopted by their stepparent. In many cases, a stepchild would like to surprise their stepparent after going ahead on their own to get the ball rolling. While such a heartwarming gesture is a lovely idea, the laws regarding step parent adoption do not accommodate it.

HOW THE PROCESS WORKS

TYPES OF STEPPARENT ADOPTIONS

Depending on your age and your stepparent's marital status, there are three different possible processes to facilitate a stepparent adoption:

Adult Adoption

If you are 18 years or older when your stepparent chooses to adopt you, this is the type of adoption proceeding that must be filed.

Second Parent Adoption

If your stepparent is in a relationship with, but not married to, your biological parent, or if your stepparent and your biological parent are a same-sex couple, second parent adoption paperwork must be filed.

Steparent Adoption

If your stepparent is married to your biological parent, this is what is known as a stepparent adoption.

THE ADOPTION PROCESS IN THE DISTRICT OF COLUMBIA, MARYLAND, AND VIRGINIA

While there are variances in the specific adoption laws in each state, the general process is the same. Your stepparent is required to do the following:

1. Get consent from the noncustodial, biological parent, or if unable to do so, request that his or her parental rights are terminated.

2. File an adoption petition with the court.

3. File remaining paperwork with the court.

4. Official parental rights will be granted by a judge at a finalization hearing.

5. File for a new birth certificate that has the new adoptive parent's name on it.

6. If you both desire, file to have your last name changed to your newly adoptive parent's.

BENEFITS OF BEING ADOPTED BY YOUR STEPPARENT

While having your stepparent formally adopt you is an endearing sentimental journey for you to cherish, there are also several practical aspects to it as well:

- In the event of an emergency, you may access one another's medical records and make important decisions for one another.

- You can be included in their will.

- You can benefit from their social security benefits.

AN EMOTIONAL REPRESENTATION OF YOUR LOVE

While you cannot legally surprise your stepparent with the actual adoption, you can certainly make approaching the subject a special occasion. Pick out a beautiful card, serve a professionally decorated cake, or take your stepparent out to dinner.

Perhaps there is a special activity that the two of you have always enjoyed doing together, and you may decide to talk to your stepparent about the idea then. Whatever you decide, it can still be the best surprise of your stepparent's life.

What Are Agency Requirements for Post Adoption Contact with the Birth Mother?

Wed, 23 Jan 2019 14:05:00 GMT

For decades, the details of private agency adoption were a well-kept secret. The rationale back then originated with the idea of protecting the birth mother and child from the stigma of illegitimacy. Fortunately, times change.

Years of secrecy and sealed records have taught us that this approach is not in the best interest of the child or the birth families. Unanswered questions left birth parents with a lingering feeling of loss that many were unable to reconcile. And as the field of genetics advanced, it left adoptees without important access to their birth family's medical history.

THE BIRTH OF OPEN ADOPTION

The benefits openness has on all parties involved, including adoptive parents, led to the PACA or Post Adoption Contact Agreement. The beauty of this agreement is that while it may be a legally binding document depending on the State law controlling the adoption, it is highly individualized to meet the specific desires of both the birth parent(s) and the adoptive parents. Once all parties agree to the terms, the agreement may be approved by a judge, or in some cases is only approved by the parties. In cases requiring judicial approval, the judge will base their decision on the best interests of the child.

THE BENEFITS

Throughout your adoption journey, ongoing conversations with your attorney and the birth parents will help you to take a look into the future and begin to determine what kind and level of contact you would like to have with your child's birth parents and, most importantly, to set the contact parameters for your child.

While you may initially feel that you are venturing out of your comfort zone, research shows that adopted children whose parents have a working relationship with their birth parents find it helpful when they get older.

Many birth parents take great comfort in receiving periodic updates on their child to assure them that the child is physically, emotionally, and developmentally thriving.

CLEAR BOUNDARIES

Open communication early in the adoption process is the key to creating a mutually satisfying PACA. Conversations can be limited to a basic introduction and exchange of ideas to getting to know one another on a much more personal level from pre-birth to post adoption.

Openness is not a legal term, and there are no right or wrong answers when it comes to setting up your PACA. The boundaries set will be your own, a collaborative effort between birth parents and adoptive parents.

Nevertheless, once your agreement becomes a legal document, those boundaries will be clear, leaving no room for uncertainty or anxiety.

TERMS

While your PACA is uniquely yours, there are certain basic terms that should always be included, such as clauses that:

- Forbid a court from increasing the level of contact at a later date.

- Forbid the posting of pictures or any other identifying information on any type of social media site.

- Require birth parents to notify adoptive parents if the child contacts them without the adoptive parents' knowledge.

It is also very important at this time for you to think about terms you want to avoid. Think carefully about the commitment you are making, and look ahead to the future. Do not allow yourself to feel pressured to agree to something that you are uncomfortable with.

There may also be proposed terms that you would readily honor in theory, but cannot agree to due to circumstances beyond your control. For example, if your employer requires you to relocate periodically, you may not be able to commit to a specific visitation schedule.

Do I Have a Right to an Attorney Throughout the Surrogacy Journey?

Wed, 09 Jan 2019 14:05:00 GMT

Expanding your family via surrogacy is an amazing journey. As parents, you are entrusting the first nine months of growth and development of your precious child to someone else. In addition to protecting your legal rights, an attorney experienced in surrogate legal services can also provide you with the necessary guidance.

FINDING YOUR SURROGATE

There are two different ways to find your surrogate, and your attorney should explain each process and guide you through whichever one you choose. You can go through an agency who will match you with a pre-screened surrogate so that you can avoid that process. You will, however, still need an attorney to handle all the legalities.

Your second option is to find a surrogate without hiring both an agency and an attorney. You may already have a surrogate in mind or you may decide to hire an attorney who can help you find one. If you think you might be more comfortable with this option, be sure to hire an attorney who has experience in helping prospective parents search on their own. This gives you more continuity of service, as your attorney will represent you throughout your entire journey.

GETTING TO KNOW YOUR SURROGATE

Your relationship with your surrogate is second only to your relationship with your future child. It is important for you, as intended parents, to not only get to know her, but to bond with her. Building a relationship with your surrogate is a rewarding part of the process.

You will no doubt be excited the first time you meet a prospective match, but it's important to take a deep breath and really begin to get to know her. Here are some questions to get you started:

What is most important to you during this journey?
How did you become interested in surrogacy?
Is your family supportive of your decision?
What types of activities/hobbies are you interested in?

As you let the conversation proceed naturally, she will, no doubt, have questions for you, as well. Answer them as openly and honestly as possible. Remember, there are no right or wrong answers. You are looking for someone you can bond with and build a relationship with.

GO BEYOND YOUR GUT

Most women who are interested in surrogacy pursue it for the right reasons. You cannot, however, be too careful, so please be aware of these red flags:

Focusing solely on the money
Questioning the necessity of a legal contract
A lack of support from loved ones
Not showing an interest in building a relationship with you

Anything that makes you uncomfortable should be cleared up before you make a commitment.

THE SURROGACY CONTRACT

This contract is structured to protect both intended parents and surrogates in addition to outlining all parties’ rights and responsibilities. Your attorney will write the initial contract, with the understanding that it will be sent to your surrogate's attorney for their review. Negotiations do not end until all parties are completely satisfied.

Don't be afraid to take your time with this. It is, after all, one of the most important decisions of your life, perhaps the most important, because your child is involved. An experienced surrogacy attorney knows what to look for and will help you consider every possible outcome.

Choosing and bonding with your surrogate takes time, sacrifice, and trust. Take all the time you need. And, remember, we are ready to walk with you, every step of the way.

Will I Be a Parent if I Donate my Genetic Material?

Wed, 26 Dec 2018 14:05:00 GMT

State laws vary regarding egg, embryo or sperm donor rights and responsibilities. The best interests of the child are made the priority in any legal determination. In order to best answer this common question, let's consider examples of each situation individually.

EGG DONORS

You might be wondering what a potential recipient may think about you as an egg donor. Perhaps you are thinking that they will automatically assume you're doing it strictly for the money, right? While compensation certainly is a honest consideration and nothing to be ashamed of, your potential recipient will be informed that for most donors, it is so much more than that.

A typical egg donor is a kind, well-informed woman who wants to offer the opportunity for another person to have the the joy of pregnancy and child rearing. Egg donors generally view themselves as exactly that, donors. Often, they do not have children and some never intended to have kids and want another person to benefit from their gift. Some, of course, have children and want others to be able to have the same. Egg donors, are not giving up a child; instead, they are donating one of the building blocks that another person needs to create a child of their own.

EMBRYO DONORS

The process of embryo donation is as another form of donor-assisted or third-party reproduction, because the donated embryo does not originate with a parent who is going to raise the child. In other words, as an embryo donor, you have embryos remaining after a successful in vitro fertilization that you choose to donate to another person or couple. This is generally done without any financial compensation, other than reimbursement of expenses incurred to store the embryos.

Whoever carries and gives birth or engages a gestational carrier to carry the child for them is the legal parent of that child, not the person or persons who donate the embryo. These types of donations are usually made after you have achieved your goal of completing your family.

SPERM DONORS

As a sperm donor, you are not considered to be the legal father to the child that results from your donation. Most sperm donations are done so anonymously, through a sperm bank, also called a cryobank. Neither the donor or recipient have any intention of parenting the resulting child together.

There are, however, private sperm donations, and in those situations, there may be a degree of co-parenting planned and agreed on but mostly in known sperm donor cases, the agreement specifies your status as a donor and not parent. Another potential result is that an adult child, who is or becomes aware of how they were conceived, may have a desire to meet their donor at some point in their life. That desire, however, does not make you the legal parent of that adult child.

PARENTAL RIGHTS AND/OR OBLIGATIONS

While laws vary from state to state, whatever contract you sign in conjunction with your donation is legally binding. It is imperative that you seek representation from a skilled and experienced attorney who can explain all legal considerations in the jurisdiction that applies to your particular contract.

What Are Some Initial Questions to Ask a Birth Mother?

Wed, 19 Dec 2018 14:05:00 GMT

As a prospective adoptive parent, your first meeting with a potential expectant birth mother can be a heady mix of excitement and anxiety. Knowing what questions to ask will help you stay focused, obtain the information you are looking for, and gain some insight into what she's thinking, as well.

WHAT'S ON HER MIND?

Expectant mothers have their own set of anxieties when sitting down to meet with you for the first time. Because you want a child so much, it may be difficult to wrap your mind around why someone would ever consider placing her child for adoption, and expectant mothers are acutely aware of that.

You can put her at ease by showing her that you admire her ability to make such a loving decision. SHOW HER THE LOVE IN YOUR HEART When you first begin the conversation, ask questions that will demonstrate that you value her as a person. Placing a child for adoption is one of the greatest acts of unselfish, pure love. It is a great privilege for you to be able to carry on that love. Structure your conversation so that she will hear that from you. A natural way to begin is to simply ask how she is feeling. Other appropriate first-time questions may include:

When is your baby due?

How does the biological father feel about your pregnancy and your interest in adoption?

What made you choose this attorney to help you?

What are you looking for in prospective parents?

BE CAREFUL WHAT YOU ASK

Since your first encounter may be intimidating for the expectant mother, it is important that you do not ask questions that may sound judgmental. Remember, this is going to be one of the most important decisions she will ever make in her life, so the last thing you want to do is to create a situation where she feels you are putting her on the spot or judging her. Some inappropriate questions would be:

Are you sure this is what you really want to do?

Is there more than one potential father?

Have you used drugs during your pregnancy?

Do you smoke?

How many times have you been pregnant?

While a few of these questions may become relevant later on, none of them are where you want to start. Your goal is to establish a rapport, not make her feel uneasy with you. If there are delicate questions you would like answers to, you can always pose them to your attorney later on.

SUCCESSFUL INTERVIEW TIPS

No preconceived notions! If you automatically assume the expectant mother is uneducated, poverty-stricken, etc., she is going to sense that, and your interview will get off to a bad start. Think about how you word your questions. Don't ask questions in a way that implies you are looking for a specific answer. Get her input! Ask her what she would like to talk about. Being prepared will allow you to truly enjoy every part of your parenting journey, now and in the future.

What Happens at the Hospital After I Have My Baby?

Wed, 28 Nov 2018 16:05:00 GMT

Deciding to place a child for adoption naturally leads to a lot of questions. One of the most common questions parents have is, “What’s going to happen at the hospital?” Encompassed here are questions about seeing the baby after it’s born, whether the adoptive parents will be there, and much more. Fortunately, many of the answers to these questions depend greatly on your decisions.

Pre-Hospital Decisions

There are several decisions that should be made before you ever get to the hospital, particularly if you’ve been planning the adoption for some time. One of the most important decisions you’ll make is who will be present at the birth. Some mothers prefer to be alone during the birth, as well as before and after. Not wanting contact with the child or the adoptive parents is completely understandable, but so is wanting the adoptive parents present in the labor room and to hold and see the baby after the birth. This is something you need to decide, either with or without input from the adoptive parents, before .

Having friends or family present at the hospital is also a decision for you to make. Remember, your emotions will likely run high, if only from the hormonal shift following birth. Because of the stress involved, you may decide you don’t want or need anyone to be close to you during this time. That’s also perfectly understandable and acceptable. If you choose to have a support system, though, it’s important to surround yourself with people who will give you the moral support you need, be they your own family, close friends, or the adoptive family.

Decisions During Your Hospital Stay

For some mothers, seeing the baby is extremely important in helping them process the adoption; for others, such closure is not required. It’s up to you to decide how to proceed; do what’s best for you. Keep in mind that many make decisions, and some feel that they should have decided differently; you’ve carefully considered both options.

The child will have to be named after birth, even if that name will later be changed by the adoptive parents. An adoption counselor or other person involved in the process could help with this, if necessary. Some adoptive parents keep the given name of the child. Don’t be afraid to discuss these things during the adoption process.

Taking Control of the Decision-Making Process

Regardless of the decisions you’ve made previously, you can change your mind about any or all of them. If you’ve chosen not to see the child, you haven’t given up the right to do so. Should you decide it’s in your best interest to see the baby, simply ask a nurse to bring the child to your room, or visit him or her in the nursery. Just make sure you’re communicating your needs, either to an adoption counselor or another advocate on your behalf. Your needs should be considered throughout your hospital stay.

Taking Care of Yourself

No matter how you choose to handle the decisions surrounding the actual birth, the birth itself will be much like every other birth. It will be tiring and taxing, your emotions may run out of control, and you may experience a range of feelings you didn’t expect. It’s always important to remember that all of this is okay, and completely normal; an experienced adoption advocate can help you through this process, and, no matter what, the decisions are yours to make.

Can I get paid to be a donor?

Tue, 20 Nov 2018 13:26:00 GMT

Assisted reproductive technology (ART) is an exciting field, both for those who can benefit and those who can contribute genetic material. If you’re considering contributing by providing an embryo, an egg, or sperm, you may be wondering if you’ll be compensated for your time. For the most part, the answer to this question is yes, you'll likely be paid something for your contribution. This varies from one place to another, as well as between eggs, sperm, and embryos.

Getting Paid to Donate Sperm

Many thousands of men donate sperm at sperm banks or directly to fertility facilities. The average amount paid for a sperm donation ranges from around $50 to $1,500 or more, depending on the frequency of donation, the attributes of the donor, and local demand for assisted reproduction technology. However, it’s not as simple as just walking into a clinic, donating, and collecting payment. Many clinics have stringent requirements on who can donate, including restrictions on height, past or current drug use, age, and overall health, among others. There’s also usually a waiting period between donation and payment to allow for the sperm to be checked and verified as viable. In many cases, if you’re chosen by prospective parents for their artificial insemination needs, you may be required to keep donating for six months, a year, or even longer.

Getting Paid to Donate Eggs

Egg donors are required to commit much more time to the donation process than are sperm donors. Whereas a sperm donation can be done quickly (usually under an hour, once the requisite paperwork is completed), an egg donor may face dozens of hours of preparation, testing, and harvesting. Because of this difference in commitment, egg donors can earn as much as $10,000 (and possibly more) for their donation. In some cases, even if no eggs are harvested, the donor still receives payment because of the testing and procedures she undergoes to donate. Egg donors often must go through a variety of testing and must answer questions about their medical and family histories. Egg donors must also meet rigorous standards to be considered for donation. As an egg donor, it may be very beneficial to seek advice from an experienced lawyer in the field of assisted reproductive technology to help you understand the laws governing your donation and your rights as a donor.

Donating Embryos

Following a successful IVF cycle, some embryos are usually left over. These embryos may be donated to other families who are struggling to conceive. Much like egg donation, the law regarding embryo donation has not yet been defined fully in all areas of the US, especially when it comes to receiving compensation for doing so. The ASRM, or American Society for Reproductive Medicine, and the AMA, or American Medical Association, have listed strong recommendations against compensation for embryo donations.

In general, there are no costs to the donor for donating embryos; the recipient would be responsible for any transportation, storage, and other costs associated with the transaction. For those donating or receiving a donated embryo, the advice of an experienced ART lawyer can be invaluable. For donors, an ART lawyer can help you determine if or how much you may be reimbursed for costs related to the donation (not the creation of the embryo), while the recipient may need further information about their rights, options, or how to find donor embryos that meet their criteria.

Considering the Commitment

From your comfort with having part of your genetic legacy out in the world to how much time and effort you’ll expend donating genetic material, it’s important to ensure you know what you’re signing up for in the donation process.

What Is the Difference Between Traditional and Gestational Surrogacy?

Wed, 14 Nov 2018 14:15:00 GMT

Surrogacy is a type of assisted reproductive technology (ART) that requires a woman who is not the intended mother to carry a pregnancy to term, give birth to the child, and then give that child to its intended parents. Although every surrogate pregnancy requires someone to carry it to term, there are different types of surrogacy from which to choose.

Traditional Surrogacy

Traditional surrogacy is a surrogate pregnancy in which the egg comes from the woman carrying the pregnancy. The baby is conceived through artificial insemination using either the sperm of the intended father or donor sperm. Once conception has taken place, the surrogate carries the pregnancy to term, then gives the child to the intended parents once it’s born. In traditional surrogacy, the woman carrying the pregnancy is both the biological and birth mother of the child. In almost every state that allows Traditional Surrogacy the intended parents must adopt the child and the surrogate must consent to the adoption post birth as she is, under the law, the legal mother of the child and her rights must be terminated.

Gestational Surrogacy

Far more common in today’s ART landscape, gestational surrogacy requires the surrogate to go through in vitro fertilization, or IVF. An egg, belonging either to the intended mother or a donor, and sperm, either from the intended father or a donor, is combined to allow fertilization to take place. Once conception has occurred, the resulting embryo is then implanted into the surrogate mother’s uterus. The surrogate carries the pregnancy to term, then relinquishes the child to the intended parents after the birth. In gestational surrogacy, the baby is not biologically related to the surrogate, but the surrogate is still considered the birth mother. In many states the Intended Parents can obtain a birth order either pre-birth or post-birth that names them as the parents. A few states do not require a court order rather based on DNA they are listed on the birth certificate in a post birth amendment process.

Choosing Surrogacy

Couples choose surrogacy for a multitude of reasons, from the age of the intended parents to fertility problems, and on through same-sex parents, genetic issues, and more; it’s a choice that has made it possible for families to grow in new and exciting ways. Even though it’s becoming more common, surrogacy, and especially gestational surrogacy, is still the subject of many questions from prospective parents. These are often best answered by an experienced ART attorney, a surrogacy support group, or even by facilitators from surrogacy agencies. Regardless of who you choose to help you navigate your surrogacy journey, you should make sure you understand the legal issues and possible obstacles that may arise.

Navigating the Legalities of Surrogacy

Regardless of which type of surrogacy you choose, there are obvious legal questions that come along with the decision. You may see blogs and other resources that downplay the potential legal issues with surrogacy, but the process cannot be considered “simple” in a legal sense.

Surrogate pregnancy is a complex issue and if you’re considering this path to grow your family, you should enlist the help of a qualified ART attorney.

Do I Have to Tell My Baby’s Father About the Adoption?

Wed, 31 Oct 2018 13:30:00 GMT

The decision to place a child for adoption is a difficult (and permanent) one. The birth father, if known, should have a choice in the matter, equal to your own. In several states and specific areas, including Maryland and Washington, D.C., the father must be notified of your intention to give the child up for adoption; or, in some areas, like Virginia, must be advised of the existence of the Birth Father Registry. Adoption attorneys are required to make their best possible effort to locate the birth father using accurate information provided by their client (most likely, you). Using sources like social media accounts and background checks, along with internet searches, the attorney will attempt to locate the father. However, if all these efforts are exhausted and the father is still unavailable, you may still be able to pursue adoption.

Adoption when the Father is “No Longer in the Picture”

Sometimes, a pregnant woman may have already ended a relationship or lost track of the father before she realizes she is pregnant, or even during the pregnancy. In such instances, finding the birth father may not be possible. In some states, the adoption can proceed without his consent if he cannot be located.

If you’re in a state with a “Birth Father Registry,” like Texas, the father must register to retain his rights. If he fails to register, you may be able to place the child for adoption without his consent. In many cases, the birth father must also fail to provide support during the pregnancy, as well as fail to legally establish his paternity of the child, in addition to failing to register, to lose his rights. An experienced adoption attorney will be able to guide you through the steps you must take in this situation.

Adoption when the Father Doesn’t Support It

Birth fathers are likely to participate in the adoption process if they are informed, their voice heard and respected, and consent to it, but some oppose adoption because they want to raise the child. Fathers who oppose the adoption typically must demonstrate their desire to assume full legal, financial, and parental responsibility for the child. Failure to do this could result in his parental rights being dismissed and the adoption taking place without his consent. Many states require the father to provide financial support during the pregnancy, or risk losing his ability to contest the adoption. Communication between the birth mother and birth father isn’t required during the pregnancy, but the father must be kept abreast of the proceedings and given an opportunity to be heard by the Court on his desire to parent.

Including the Birth Father

Identifying and notifying the child’s father of your choice to place the child for adoption is essential to ensuring that the process goes smoothly. It’s in the best interests of everyone involved, as the adoptive parents will be able to have a more comprehensive picture of their child’s genetic and medical history, no one has been improperly denied a choice in the matter, and the adoption will be legally sound. Keep in mind that fathers who are improperly denied their parental rights can cause disruptions in the adoption process, up to and including putting the adoption at risk, even after it’s been finalized. There’s nothing to gain by excluding the birth father from your plans for the pregnancy, especially regarding adoption.

Same-Sex Couples: Do We Still Need a Second Parent Adoption?

Wed, 24 Oct 2018 18:47:00 GMT

On June 26, 2015, the Supreme Court issued its opinion in the case Obergefell v. Hodges regarding the constitutionality of same-sex marriages in the United States. In a 5-4 decision written by Justice Kennedy, the Supreme Court has legalized marriage equality. Thus, same-sex married couples marriages are recognized in all 50 states for all purposes under federal law.

Being married when your child is born does not automatically secure your parental rights or guarantee those rights will be fully respected even though your marriage is recognized. In fact, your parental rights can be challenged even if your name appears on your child's birth certificate because a birth certificate is an administrative document issued based on a marital presumption that can be rebutted. An Adoption Decree is the surest way to make certain that you will be respected as a parent in every state, no matter where you work, travel or relocate to live. Without an Adoption Decree, your parental rights to your child could be challenged if something happens to the other parent or if your marriage dissolves depending on the circumstances and location. If you have an Final Decree of Adoption, every state will recognize the Final Decree and the Supreme Court recently reinforced that full faith and credit shall be given to final decrees entered in other states in its short and clear direction in V.L. v. E.L., 577 U.S. ___ (2016).

NCLR, Lambda Legal, Marriage Equality Maryland and many other leading LGBT organizations strongly recommend that all non-biological parents get an adoption or parentage judgment from a court recognizing that they are both the legal parents of their child, even if they are married and even if they are listed as a parent on the birth certificate. Parentage Judgments are issued in cases involving surrogacy. See Protecting-Your-Family-After-Marriage-Equality from NCLR. The www.marriageequality.org states that “Depending on your specific circumstances and where you live, marriage alone may not prevent a challenge to your parental rights if you are not a biological or adoptive parent whether you are a same-sex or a different-sex couple. Not all states fully respect non-biological parents, even when they are married, regardless of what the law requires. In addition, even if your parental rights are respected in the state where you live based on your marriage, you may be vulnerable when you travel or if you move to another state. According to www.marriageequality.org “marriage equality alone will not fully protect all LGBT parents…until we achieve full equality for all families, an adoption or court judgment is the only way to ensure that non-biological parents will be respected as legal parents in all fifty states.”

Having handled hundreds of adoptions, paternity actions, parentage cases and ART matters, I know that having your name on the birth certificate does not guarantee protection and legal parentage can be challenged. This is partly because most states have not yet had a history of a gender neutral reading of the marital presumption statutes; some states have no parentage acts that provide for a statutory marital presumption and hostile states will do what they can in the coming months and years to thwart an easy and enforceable path for parentage decisions for child born into same-sex marriages. Most states, when parentage is challenged, determine parentage based on DNA or an Adoption Decree so a birth certificate may not be sufficient in a challenge to confirm parentage until the laws catch up with reality.

So, it is also our recommendation that until there are parentage acts that uniformly across the country expand the definition of marital presumptions to include gender neutral or inclusive language a second parent adoption or parentage judgment should be obtained by any non-biological parent.

For clients who use a known donor this is even more important (it is for everyone but even more so with known donors) as the donor could be considered to be a legal father especially if you and your partner are not married. In many jurisdictions unless you legally terminate any rights the Donor may have through a court proceeding the Donor may be able to establish rights in the future and seek visitation. As happened in a case in Kansas, if a parent seeks any kind of government benefit, the government could bring a court case to establish the non-biological parent is not a parent and make the known donor a legal father and require him to pay for the benefit your child receives.

What Is the Difference Between Private Adoption and Agency Adoption?

Wed, 03 Oct 2018 13:06:00 GMT

Whether you’re only just beginning to consider adopting, or you’ve already decided it’s the route you want to take to grow your family, you probably have questions about different types of adoptions. One of these likely concerns the differences between private adoptions and agency adoptions. Here’s a quick summary rundown of the differences in these domestic adoption types.

Adoptions through an Agency

Agency adoptions can occur either through a private adoption agency, or a public one. A private agency operates using private funds and should hold a license in the state where it conducts business. Public adoption agencies are branches of their state’s social services program. While private agencies handle international and domestic adoption processes, public agencies generally handle adoptions for children with special needs, older children, and sibling groups. Public agencies specialize in domestic adoption, and do not offer international options. This means that you’ll have to decide what type of adoption you want to pursue before choosing the right agency for your needs. In a private agency adoption, the birth parent(s) consent to the agency having guardianship of the child and the agency places the child with the adoptive family. In a public agency adoption the child is usually removed from the birth parent due to an allegation of abuse or neglect and their parental rights are terminated by the agency prior to placing the child for adoption.

Choosing an Agency for Adoption

Local adoption agencies can be found through adoption support groups, recommended by other adoptive parents, or through listings on government websites. Private agencies charge fees that range between $15,000 - $25,000 not including other expenses of the adoption in some cases. Public agencies generally do not charge fees, as they are supported by taxes and other government funding. Adoptive parents who choose a public agency adoption may not have to pay any (or at least, very modest) fees related to the adoption; in many cases, they are expected to pay the court costs of the adoption process. To ensure that you’re not caught off guard by the cost, inquire as to the fees and schedule for paying them before you begin working with an agency.

Private Adoptions

Also called “independent adoptions,” private adoptions are those that are arranged by a private party or that the adoptive family found through their own efforts such as advertising or networking, and not through an agency. In general, contact is made between a pregnant woman and the prospective adoptive parents, either personally or through a third party like a friend, program, lawyer or other entity authorized to perform those services. If you choose to pursue a private adoption, it’s important that you engage an adoption attorney to help you understand the laws and processes surrounding adoption prior to beginning the process. Legal in all but a very few states, private adoptions are very popular for families who wish to adopt an infant.

Choosing a Private Adoption

Private adoptions are generally initiated by locating a birth mother who is seeking to place her child for adoption. This can be accomplished through advertising in the classified section of local publications, through contact with an intermediary, or by sending your profile to crisis pregnancy centers or local obstetricians; you might even consider posting an advertisement on the internet. Some of these methods are not legal in all states, so it’s important to retain an attorney to ensure you don’t run afoul of the law when seeking a child to adopt.

Expenses for private adoption, whether a domestic adoption or an international one, can vary greatly. As with an agency adoption, it’s important to discuss the costs before agreeing to work with an attorney or other adoption facilitator.

Growing Your Family

Regardless of the type of adoption you choose, the process can be complex. Working with an experienced adoption attorney can mean the difference between a successful, smooth process, and one that’s fraught with disappointment and stress.

Can I Prevent Information About My Adoption From Being Shared?

Thu, 20 Sep 2018 13:35:00 GMT

When an adoption is completed, family and friends may have questions. These may be more intrusive or insensitive than you’d like. In some instances, information may not necessarily be available to you. It can feel like an intrusive violation when others want to know too much particularly when it is information you do not know. Similarly, when circumstances arise that require information to which you don’t have access, it can feel like you’ve run into a brick wall. How you handle these situations is largely up to you.

What’s Known, and What’s Not

Depending on the type of adoption process you go through, there may be a variety of information that is (or is not) shared. Shared information means that those who are involved in the adoption can access that information although may not always be authorized to release the information to you directly. In open adoptions, the identities of the adoptive and birth parents are often known to each other and the available records might provide a social or medical history, medical records or other summaries regarding the adoption plan. In open adoptions, most relevant information about the birth parents is available to the adopted child and adoptive family and vice versa. This is the most common adoption in current times. Many years ago, all the adoptions were closed or only semi-open. Today, agencies still have semi-open adoptions but almost all private adoptions are considered open.

In semi-open adoptions some information is withheld about the birth family due to their request for privacy or no contact. Usually social and medical history that is non-identifying is shared, the parties may still meet but would only exchange first names and may even spend time together at the hospital. The exchange of information is usually handled by a third party either through an internet program or agency.

In a closed adoption, this information may be strictly guarded and unavailable, even to those involved in the process. Members of the adoption triad (adoptees, adoptive parents, birth parents) may be able to request access to that information, but having an adoption record unsealed can be a difficult task. Hiring an experienced adoption attorney is often the best way to pursue information in closed adoptions.

Breaking the Seal of Silence about Adoption

Whether the adopted child is an infant, a toddler, or a teen, adoption details may be traumatic and unsettling or, in some cases helpful and enlightening. It’s your decision as to how much of that you share with the child as well as with family, friends, or anyone else.. There are thousands of families across the US that might be struggling with how much to reveal, whether to allow unfettered questions from those outside the family, and how those queries affect their family dynamic. Should you choose to be as open as possible about your family’s experience with adoption either with family or more publicly through a blog, interview or other avenues, you could be providing support for another family to do the same. Adoption is a wonderful way to build your family and is something to be celebrated and cherished. In the end, however, your level of comfort determines how much you share about your experience.

Fielding Intrusive Questions

When people request personal information about your adoption it is acceptable to let them know that the information is private and it’s your child’s story to share when they are older. Handling the dissemination of information regarding an adoption doesn’t have to be painful, stressful, or difficult as long as you think about what you will say and to whom you will share information prior to being asked questions. Just about every family that’s formed through adoption must field some questions that aren’t appropriate, are difficult to answer, or may be just plain intrusive. You have the right to disclose as much or as little information about your family’s adoption process as you are comfortable disclosing. Keep in mind that you have every right to say, “I don’t want to talk about that,” or to refuse to answer questions you feel are inappropriate.

Enlisting Professional Help

Sometimes, there are reasons that you need additional information, especially in a closed adoption. Family medical histories, for example, are often not part of the adoption information provided to adoptive parents. This means that if a serious illness occurs, you may not have access to the information your child’s doctor needs to secure a positive outcome. In these situations, or whenever additional information is necessary, it may be most effective to consult with an adoption attorney. At Jennifer Fairfax, Family Formation Law Offices, you’ll get the assistance you need. Breaking the seal on any adoption can be difficult and fraught with legal questions. Jennifer and Catelyn have the expertise to help you fight through the red tape to get the information you need.

How Much Does an Adoption Cost?

Wed, 05 Sep 2018 13:05:00 GMT

Costs for adoption can vary depending on several factors. International adoptions can be more (or less) expensive than domestic adoptions. Adopting a special needs child, an infant, or a sibling group, for instance, may all carry different costs. Most of these are wholly dependent on the agency and type of adoption you are pursuing, but some costs, such as maternal health care, travel, and others, can vary greatly from one adoption to the next.

Domestic Private or Independent Adoption

For families who want to adopt an infant, a private domestic adoption sometimes referred to as an independent adoption or parental placement adoption is often their first choice. In this type of adoption, the birth parent(s) directly relinquish their rights to the adoptive parents. As part of a private adoption, you may agree to pay certain costs for the birth mother, including living expenses, medical care, clothing, and some others depending on the law governing the adoption The expenses will push up the cost of the adoption, and, in tandem with fees charged for legal representation of both you and the birth parent(s), may reach $45,000. More than half of the private adoptions handled by Modern Family Formation cost between $25,000 and $35,000, with outliers costing less, or more, depending on the specifics. If the birth parent(s) and adoptive parent(s) all reside in the same state or all live in the District of Columbia the costs are considerably less, often below $20,000.

Domestic Private Agency Adoption

For families who prefer a “middle man” to handle the logistics of their adoption, they may hire a domestic private adoption agency to match them with a birth parent and coordinate the adoption process. In this type of adoption, also almost all newborn infants, the birth parent(s) place the child with the agency which then places the child with the adoptive family. The agency maintains legal guardianship of the child until the adoption is finalized while the family has physical custody. An adoption through a private agency will range between $30,000 - $50,000 depending on the agency and expenses covered by the state where the agency is located and other factors. Some agencies do provide a sliding scale for families that reside in the state(s) where they are licensed.

Public Agency Adoptions

Adoptions handled by public agencies tend to cost less than private adoptions. In some cases, the adoptive parents may only have to pay court costs associated with processing the adoption. Public agency adoptions may stem from a foster care situation, or they may be initiated by the prospective parents for a child being fostered by another family. This type of adoption is common for special needs children and sibling groups, as well as older children. Some families may receive a subsidy to help care for their adopted children, and the costs may be very low, as little as a few thousand dollars.

International Adoptions

The costs for an international adoption vary greatly from one country to the next. This can include differences in how much the country charges, how long you have to be present in the country before and after the adoption, airfare, and many other factors. Adoptions from China, for instance, often run about the same (or a little more) as a private domestic adoption: around $30,000 to $40,000. Other countries have different standards and fees, changing the cost, sometimes drastically, from one to the next. An experienced agency should be able to help you figure out the costs, the requirements, and which country would work best for your adoption

Tax Credits for Adoption

Depending on your income, you may qualify for a tax credit to offset some or all of the cost of your adoption. This credit is not available to all adoptive families, so it’s important to discuss it either with your accountant or with a qualified adoption attorney. Your financial situation will be a big factor in many aspects of the adoption process, so it's better to know (and be comfortable with) the answers to questions about your income, and taxes.

What is the Difference between an Attorney Run ART Program and a Non-Attorney Run Program?

Wed, 22 Aug 2018 16:45:00 GMT

Assisted reproductive technology, or ART, is an ever-evolving field. From the medical techniques used to help create a new life to the legal issues surrounding those techniques and the parties actions, the entire field can change in a very short time. If you’re considering ART, you should know the differences in the types of programs that may be available to you. One of the primary differences in ART programs is that some are run by attorneys while others aren’t.

Benefits of an Attorney-Run ART Program

The field of assisted reproduction (sometimes called third-party reproduction when a surrogate or donor is involved) is a hotbed of ethical and legal questions. Some nations, and indeed, some states within the U.S., don’t yet have a comprehensive take on the laws and ethics regarding this type of reproduction. This can lead to questions regarding parentage, especially in third-party reproduction cases. With an attorney-run ART program, there’s a greater likelihood that any changes in the laws regarding the procedures will be adhered to in greater detail. In an attorney-run ART program, the attorney only represents the Intended Parents and the surrogate or donor is unrepresented other than during the contract negotiations. An experienced ART attorney can help you sidestep some of the resultant issues when a child is born through assisted reproduction and address changes in the law as they arise during the journey. If an adoption is necessary to cement the legal standing between you and your child, a good ART attorney will be able to help you with those processes, as well.

Considering Non-Attorney-Run Programs

Going through the process of assisted reproduction can be daunting in and of itself. Some prospective parents find the thought of approaching an attorney about ART even more daunting. Non-attorney-run ART programs can help you feel more at ease by reducing some of your exposure to the legal side of things. Some non-attorney-run programs are affiliated with churches and other private groups so looking into the program thoroughly before engaging it is important. . There’s also the issue of whether all the paperwork will be comprehensive enough to protect the interests of your family which is why with a non-attorney program you should still engage an ART attorney to represent you in the legal process associated with ART. Many of our clients hire us as independent counsel and work with a non-attorney run program so that they have an advocate separate from the program in case issues arise with the program.,. Overall, should you go through an ART program that’s not affiliated with an attorney, it’s a good idea to enlist the aid of an experienced reproductive law attorney throughout the process to ensure that your rights, and those of your family, are protected.

ART and Your Family

ART law is very specialized and prone to change on short notice. Having an experienced ART attorney to guide you through the process can ensure that your ART experience doesn’t go off the rails. Proper paperwork, accurate understandings between the parties, and a better outcome are some of the tangible benefits of seeking assistance from an ART attorney. Less tangible, but still exceptionally important, benefits include having the peace of mind that your process is following the right track; that legal snags common to ART and adoption can be handled effectively or sidestepped altogether.

Understanding Your Step-Parent Adoption Options

Wed, 01 Aug 2018 17:00:00 GMT

Adopting Your Partner’s Biological Child

Some step-parents choose to take on a more complete role in being a parent to their partner’s child. This often entails a step parent adoption, wherein a step-parent assumes the responsibility of being the child’s legal parent. Step parent adoptions generally are not as difficult as some other kinds of adoption, but there are still requirements and legal issues that must be addressed during the process.

Often, the most difficult part of a step parent adoption is gaining consent from the child’s other biological parent. In most cases, the consent of the other birth parent is required; however, this requirement can be waived in cases where the other birth parent’s rights have been terminated

Other aspects of a step parent adoption may be easier than in other kinds of adoptions. For instance, the court handling the adoption may waive home study requirements and waiting periods in the interest of completing the paperwork as quickly as possible. Because the child is living with a biological parent and that parent has consented to the adoption, the courts may honor that parent’s judgement on the issue.

Taking the Parental Role

Step parent adoptions are an important step in cementing your legal relationship with your spouse’s child. Whether or not you choose to take that step is entirely up to you and your spouse. There are no state laws requiring a step-parent to claim legal responsibility for their partner’s child, but there are some clear advantages to doing so. Among these is that, as a legal parent, if something were to happen to your spouse, you would automatically assume custody of the child. Without that protection or some other legal protection in place, you could lose all contact with your child, regardless of how long you’ve been parenting them.

Understanding Your Adoption Options

State laws about step parent adoption vary. An experienced adoption attorney can help you better understand the laws and requirements where you live, and give you the guidance you need to make the best decision for your family. At Jennifer Fairfax Family Formation Law Offices, we have the information you need and the experience to ensure your adoption process goes as smoothly as possible. Contact us today about step parent adoption, second parent adoption, international adoption, adult adoption, and other ways to grow your family.

Do I Have to Do a Re-Adoption?

Wed, 18 Jul 2018 13:05:00 GMT

Completing an international adoption can be a tricky business. Given that adoption laws often vary from state to state, let alone from country to country, it’s easy to see how the process might become convoluted and difficult to decipher. One snag that might present itself during an international adoption is the need to complete a second adoption in the U.S. This is also called “re-adoption,” and is a common part of the international adoption process. In some cases, re-adoption is not necessary, but adoptive parents might still choose to go through with it just to ensure everything is legal and proper.

What is Re-Adoption?

Re-adoption is the process of going through a full legal adoption within the United States, after having already completed an adoption in an international country. While the adoption in the foreign country may be perfectly legal, it may not satisfy all of the requirements of U.S. law. Therefore, a re-adoption is something that should be considered as soon as possible after you get back home with the newest member of your family.

Who Needs to Pursue Re-Adoption?

Adoptions in countries bound by the Hague Convention (an accord governing child abduction and adoption between scores of nations across the globe) are considered fully finalized at the completion of the adoption process. A certificate, issued by the U.S. Secretary of State, is attached to the finalized decree. This is all that’s required in adoptions between Hague Convention members. However, many children are adopted from nations that aren’t bound by the Convention. In these cases, you may have to pursue a re-adoption for your child. Some states require re-adoption, while others leave the choice to the parents. An experienced adoption attorney can help you better understand what’s necessary in your specific situation.

Why is Re-Adoption Important?

The most important aspect of adoption, from a legal standpoint, is that the process creates a legal relationship between the adoptive parents and the adopted child. This means that the laws governing the child’s adoption from their home country may no longer be legally relevant. Especially as relationships between nations change, the validity of treaties and recognitions of once commonly accepted norms may also change. This can leave your legal relationship with your child in doubt. Re-adoption is an effective way to ensure that the laws of the origin country are no longer part of your legal standing with your child. Some states may also require a re-adoption in order to gain a state-issued birth certificate or to institute a name change for your adopted child.

What are the Laws Regarding Re-Adoption in My State?

Even given that the adherence to the Hague Convention is implemented on the federal level, each state can vary in its adoption and re-adoption laws. To fully understand whether or not you need to pursue a re-adoption, it’s important to speak with an experienced local adoption attorney.

Do We Have to Tell My Parents I Am Being Adopted?

Wed, 04 Jul 2018 13:05:00 GMT

Adoption carries a certain (and well-deserved) assumption that it’s mostly about babies and kids. It’s true that the most common adoptions are those involving a minor being placed with a new family. However, adult adoptions are more common than you think. Adult adoption can happen for a variety of reasons, most of which are financial in nature (adopting an heir for your estate, etc.). Because this type of adoption doesn’t involve a minor, all that’s generally required is that the parties agree to the proceeding. Here’s what you need to know if you’re considering being adopted or adopting an adult into your family.

Common Reasons for Adult Adoption

People who have built a legacy often want to leave that legacy to someone who will enhance and build upon it. These people may have children who, for whatever reason, won’t be inheriting their legacy. In this case, it’s somewhat common to seek an appropriate heir and adopt them. This allows them the security of guaranteeing their legacy will be accepted and treated accordingly.

Another common situation in adult adoptions involves an adopted child and their biological birth parent. The parent and adult child may decide that they want to renew their legal bond. The adoption may simply be used as recognition that the parent and adult child have a significant relationship.

Other reasons often pop up in adult adoptions, but the two listed above are the most common. When adults go through the adoption process, it’s often less about forming a familial bond, and more about guaranteeing certain legal protections between the parties. This does not make these adoptions less significant; there are certainly plenty of cases where the only concern is being viewed as a family, whether in the eyes of the law, or just in general.

What to Expect During an Adult Adoption

The legal process of the adoption remains the same in adult adoptions as in child adoptions. The relevant paperwork must be filled out and submitted to the courts. If the adoption is approved, a new birth certificate will be issued for the adopted adult, showing the adoptive parents as the legal birth parents. The adopted person’s legal relationships with the non-adoptive parents are effectively severed. The adopted person can then change their surname if they wish to do so. The records of the adoption are sealed, and the adoption is then considered complete.

Requirements for Adult Adoptions May be Variable

Depending on the state in which you live, the requirements for notifications, paperwork, and other related issues can change greatly. Experienced adoption attorneys can help you navigate the process of adult adoption and help you figure out the requirements for your area. Some states require that an adopted adult exhibit diminished capacity (being unable to make decisions for oneself) before they can be adopted while others allow adult adoption so long as all parties agree to the proceeding. Some states have a requirement that birth parents or legal parents must be notified that the adoption is taking place, while others don’t. Some states even require the consent of the spouse if the adopted person is already married.

Working with an Adoption Attorney

The entire adult adoption process can be exceedingly simple, or incredibly difficult, depending on the circumstances and state. That’s why it’s so important to consult with a knowledgeable, local adoption attorney to discuss a possible adult adoption. At Modern Family Formation Law Offices, our experienced staff is ready to help you navigate the labyrinth, from the first step to the end of the process. Contact us today for more information about adult adoptions. Click here to learn more about adult adoption.

How Old Are Kids Who Are in Foster Care?

Wed, 20 Jun 2018 13:05:00 GMT

There are currently hundreds of thousands of children in the foster care system. Their reasons for being in the system are as widely varied as are their ages, which can range from infancy all the way through the age of 18 (or 21, depending on the state). Their stories can be heartbreaking; each foster child has experienced some kind of issue in their lives that necessitated their inclusion in the foster system. Getting involved in the foster care system means that you can help some of these children to have a better, brighter future, whether or not you end up adopting them.

Choosing to Foster

Kids are kids, whether they’re in the foster care system or not. Foster kids need stability just as much as any other child (and possibly even more so), no matter their age. Giving these children a chance at a normal home and family life often means the difference between happiness and a lifetime of doubt.

Different Fostering Situations

Children who enter into the foster care system may not always be eligible for adoption. About half of foster children go back to their families after their situation changes. Another quarter of foster children end up being adopted by their foster parents, while the remaining children may exit the system, never having been adopted or reunited with their caregivers.

While it can be very attractive to foster and adopt younger children through public agency adoptions, it’s important to remember that older children need familial support to avoid poor outcomes like homelessness, lack of education, and unemployment.

Adoption through Foster Care

Foster care is a different route to accomplishing the goal of adding a member (or two or three!) to your family. Public agency adoptions often start out with a fostering situation, where the agency assists in placing the child in the foster home and then helps the family through the rest of the steps to complete the adoption. However, not every foster situation ends up being a good fit for adoption. This happens a bit more often with older children than with younger ones, as older children and teens may have greater difficulty adjusting to a new family. This can cause stress among family members beyond just their relationship with the fostered child. For this reason, and many others, some families are focused on taking in younger children. The unfortunate side effect of this is that many older children never find a permanent home, and age out of the system without any familial support.

Adopting Sibling Groups

In situations where sibling groups are involved, the prevailing wish is to keep that group together. Separating siblings can have enormous detrimental impacts, so it’s avoided as often as possible. Being willing to foster and adopt a sibling group can have huge impacts on each of the children, and sibling groups are placed together permanently whenever there’s an appropriate home and family for them.

Getting Help from an Adoption Attorney

Regardless of the age of the child you’re fostering, if your goal is adoption, it’s a good idea to enlist the help of a professional. Adoption, whether through a public agency or a private one, requires a lot of information and much patience. At Modern Family Formation, we’re ready to help you through the process of growing your family through adoption. Contact us today for information about public agency adoptions, private agency adoptions, fostering, and more.

What Are the Requirements to Adopt from a Private Agency?

Wed, 06 Jun 2018 13:05:00 GMT

Adoption is an amazing and thoroughly fulfilling way to grow your family. However, the process can be something of an enigma. From private through foster adoptions, international, and other adoption types, requirements can change. This may leave you wondering exactly what the requirements are for a certain type of adoption. Here are some common requirements to keep in mind as you consider a private agency adoption.

Applying with an Agency

Many adoption agencies have a specific routine for prospective adoptive parents and may offer an orientation to help you better understand what will come next. This is likely when you’ll receive the agency’s formal application forms and an introductory review of some of the children available to adopt. Once you’ve completed these forms, the agency will perform a review to determine whether they’re a good fit for your family.

Getting a Home Study

A home study is an inspection required for every adoption, regardless of its type. Its purpose is to evaluate your family and home to ensure that every adopted child goes to a loving and stable family. The home study will usually be carried out by a social worker who will:

· interact with your family,

· help you consider some of the parenting challenges you may encounter as an adoptive parent, and

· assist you in choosing the characteristics most important to you in regards to the child you’d like to adopt.

Be prepared for some awkward feelings during the home study. Some of the questions may seem exceptionally personal, and possibly even intrusive. Rest assured that they are necessary queries to help the worker build an accurate report after the home study is completed. You may be required to:

· Undergo a physical exam to determine your health and that of your spouse or partner.

· Provide documentation of your household income and assets.

· Participate in in-depth interviews with your family to determine the stability of familial relationships.

· Submit to background checks for criminal or civil issues, up to and including a fingerprint check.

Waiting is Part of the Process

There is always some period of waiting prior to completing an adoption. Depending on the type of child you want to adopt, you may be waiting several months, or several years. Additionally, you may have to wait several weeks or months while the details are finalized.

Dealing with the Legal Details

Typically, a child and their prospective family have to live together for a period of time before the adoption can be finalized. This period is generally around six months, although it can vary by state. It’s usually a good idea to hire an experienced adoption attorney to assist you with the legal details, and if you haven’t retained one before now, you should do so during the initial phases of the placement.

Before the adoption is finalized, the agency will likely provide your family with some support services. You may be visited several times by a social worker so that they can verify the child is doing well and living in a healthy environment with a stable family dynamic. Once the waiting period is over, the social worker and the agency will write their recommendations for the family court, where the adoption will be finalized.

Getting Legal Help for a Private Agency Adoption

Working with an agency to find a child to welcome into your family is only part of what makes a successful adoption. Equally important is working with an experienced adoption attorney who can help you navigate the process. At Modern Family Formation Law Offices, we're ready to help your family grow. Contact us today!

What is a Home Study?

Wed, 23 May 2018 13:05:00 GMT

Home studies are an essential component of the adoption process. They can seem somewhat intimidating, as it means an outside party will be poking into your daily routine, your family dynamics, and even your finances. It’s just one part of making sure that every adopted child goes to an appropriate, loving home, though, so don’t fret too much; you will be best prepared if you understand what will be covered in the home study and prepare to offer the information and documentation that will be requested.

Who Needs a Home Study?

Every interstate and agency adoption require a home study. Depending on your location, you may also need a home study if you plan to foster a child. In some cases, a home study is performed to approve a prospective family for both fostering and adoption. This can be useful in situations where the intended outcome of fostering is not necessarily adoption, but adoption eventually takes place. A local adoption attorney can help you understand the laws that apply to your specific situation.

How Long Does a Home Study Take?

Home studies can take anywhere from a few months up to six months, depending on your specific needs and unplanned delays. The process can seem exceptionally lengthy, and some families feel overwhelmed. Rest assured that the reason for such a thorough inquiry is to give each adopted child a good home and loving family. The home study is simply a precaution to ensure that you and your family are ready for the responsibilities of (and the inevitable changes that come with) the introduction of a new member.

What Does a Home Study...Well, Study?

By the time your home study is complete, your caseworker will be able to compile a report that includes:

· Background information on your family.

· Financial information.

· Personal references.

· Details about your family’s dynamics (how you interact with each other).

· The important figures in your life and your social interactions.

· Your experiences or expectations as a parent.

· Background checks for criminal, civil, and other issues.

· Routine family outings and activities.

· Your preparedness for adoption and your reasons for adopting a child.

· The type of child best suited to your family.

During the home study process, you can expect to be asked questions about all of the above issues. You’ll likely be asked to provide bank records and other documents to verify your income, contact information for the people who are closest to your family, and in-depth, one-on-one and joint interviews between the worker and your family members. Younger family members may not necessarily be ready for such interviews, and you can ask to have the process delayed while you help them understand the adoption and what it means for your family.

How Much Does a Home Study Cost?

The cost of a home study can vary greatly depending on the type of adoption you’re pursuing. Domestic adoptions through the foster care system may have a relatively low cost for a home study, which is often reimbursed after the child leaves the foster care system and is formally adopted.

Independent and agency adoptions) may require a private home study, often costing a few thousand dollars. Make sure you understand the costs, fees, possible reimbursements, and how your home study may be used and request the information in writing so you’re clear on the details.

Getting the Help You Need

Every adoption is unique. Your needs and process may be very different from others who have adopted a child. At Modern Family Formation Law Offices, we're ready to help you navigate the process of bringing a new member into your family. We have the knowledge and experience you need during your adoption. Contact us today!

How Do I Give My Baby Up for Adoption?

Wed, 09 May 2018 13:05:00 GMT

Adoption can be an excellent option for pregnant women who, for a variety of reasons, are unable to take on the responsibility of raising a child at this time in their lives. Many families have been created because a pregnant woman decided that the best choice for herself and her child was to ensure the child had a good home, a loving family, and a better life than she might otherwise have been able to provide. However, giving your child up for adoption can seem like a daunting and complex task. Here’s what you can expect as you consider adoption.

Deciding on Adoption

Thousands of women have been in a situation where they considered adoption. Unfortunately, an impending birth may not always be a joyously anticipated event. Fear is a common reaction, as is confusion and sadness; a thousand questions may crowd into your consciousness, each demanding its own answer. In instances like this, it may be beneficial to discuss adoption with your support network of friends and family, attend a support group meeting for those considering adoption, or speak with a qualified adoption attorney to further explore and understand the adoption process.

Once you’ve decided to move forward with the adoption process, you’ll be expected to begin making decisions about your preferences for the birth, the type of adoption, and more. We can assist you with the decision making and adoption process at no cost to you.

Moving Forward with the Adoption Process

Depending on the resources available to you, you may end up working with an adoption attorney or adoption agency to guide you through the adoption process. This individual or agency can help you make an array of decisions regarding your adoption plan, such as your wishes and expectations for the adoptive family, the type of adoption you’ll pursue, where and how you’ll give birth, and whether you’ll have contact with the adoptive family after the birth. Remember, as the birth parent, your wishes are a very important component in the adoption process.

Searching for the Right Adoptive Parents

A knowledgeable adoption attorney can help you find and connect with a family who will give your child a warm, wonderful home and a lot of love. You can expect every prospective adoptive family to have completed a lengthy process to ensure that they’re financially stable, have a proper home, and are otherwise suitable parents for your unborn child.

Depending on the laws in your state, you may be able to request that the adoptive family be responsible for the costs associated with the pregnancy and birth, as well as living expenses during the pregnancy. It’s important that you understand and explore the laws prior to making a commitment for the adoption.

Planning the Birth

It’s common for the prospective parents to want to be involved in all aspects of the pregnancy, including doctor visits, ultrasound exams, and other related events. The adoptive parents will likely want to be present, and possibly even in the delivery room, when you give birth. All of these decisions can be made between you and the adoptive parents either after an agreement has been reached, or during the initial processes; whatever works best for you and the adoptive family.

The Heart of the Matter

Giving your child up for adoption can be one of the best, most fulfilling things you’ll ever do, and also one of the hardest. At Modern Family Formation Law Offices, we’re here to help you through the adoption process from your initial questions to the final steps of giving your child a wonderful new family. Contact us today; we’re ready to help you make the decisions that are right for both you and your child."

Overview of Virginia Adoption Laws

Thu, 03 May 2018 13:05:00 GMT

Adopting a child, while wonderfully rewarding, is a complicated legal process. It often requires guidance from experienced attorneys and professionals. All adoptions in Virginia begin with a home study and conclude with a finalization of the adoption.

Home Studies for Adoption in Virginia

An approved home study is required for every prospective adoptive family in Virginia. This process must take place before before a child can be placed in your home. The home study will be performed by one of Virginia's licensed child placement agencies. Everyone in your household will participate in some aspect of the home study process (except young children). Virginia does not allow those who are convicted of certain crimes to adopt children. These crimes include (but may not be limited to):

- Conviction of child abuse or neglect.

- Sexually violent offenses, or offenses requiring registration as a sex offender.

- Certain other crimes, especially those which have moral implications.

During the home study, if a charge is pending, the outcome may be held until the final disposition in the case. Unlike other jurisdictions, a Virginia home study is valid for 36 months from the date of completion. However, updated background checks may be required every 18 months. If you're adopting from another state (interstate adoption), you may also be required to update your home study each year.

Virginia Adoption Requirements

Unmarried residents of Virginia may adopt a child in the state. Virginia couples who are not married are, unfortunately, excluded from adopting. Virginia's married couples, including same-sex couples, may adopt in the state. Some adoption agencies in Virginia may refuse to place a child with a same-sex couple for religious reasons. Jennifer Fairfax works with agencies that are open to working with diverse families, as well as those who fit into more traditional family models.

Adoption Expenses for Virginia's Adoptive Parents

Adoptive families in Virginia are expected to pay for their home study. You'll also be responsible for post-placement supervision costs, as well as any expenses and fess paid for services provided by a licensed adoption agency. In addition, the adoptive parents may pay the following expenses for the birth parent:

- Adoption related legal fees for their independent attorney;

- Pregnancy and hospital-related medical expenses not covered by the birth mother's insurance;

- Birth parent adoption-related counseling services;

- Reasonable expenses for food, clothing and shelter when the expectant mother is unable to work due to pregnancy (as verified by a medical doctor); and

- Reimbursement for food, lodging, and transportation expenses incurred in connection with an adoption-related court appearance.

It should be noted that facilitation is illegal in Virginia. Facilitation is the act of paying a third party a fee for a match with a birth parent. Therefore, prospective adoptive parents in Virginia should never pay a third party (attorney, social worker, educator, consultant, facilitator) a fee to match them with a birth mother. Jennifer Fairfax can help you learn more about paid facilitation issues in Virginia.

Adoption Consent Requirements in Virginia

In Virginia, the following people must consent to the adoption:

- The child’s mother;

- An acknowledged father, adjudicated father, presumed father, or a man who has registered with the Virginia Birth Father Registry;

- A person having legal custody of the child (including an agency), if the child is in the guardianship of a licensed child placing agency;

- The child being adopted, if he or she is age 14 or older

A Consent to the Adoption is not required when:

- The birth father denies his paternity in writing and under oath;

- The biological father is convicted of rape, statutory rape, or an equivalent offense;

- The parent's rights have been terminated by the court;

- The parent has not visited or contacted the child for a period of at least six months;

- A non-consenting party fails to appear at the adoption hearing after receiving proper notice.

Birth Parent Consent

The birth parents can execute consent three days after the child is born. The consent is taken in court before a Judge, who acts as a witness to the consent. Often, the court hearing is more than three days after the birth, giving many birth parents longer than the statutory period to consent and (and revoke that consent) in Virginia. A birth father may consent to have his parental rights terminated prior to the child’s birth in Virginia.

Revocation of Birth Parent Consent

Birth parents may change their mind and revoke their consent within 7 days of execution of their consent, unless they sign a waiver of the revocation period at the time of consent. A waiver can only be signed if the child is at least 10 days old and the birth parent was represented by counsel. In cases of proven fraud or duress, the consent may be revoked up until the final adoption order. Consent may also be revoked upon written, mutual consent from both the birth parents and the adoptive family.

Involvement of the Birth Father

In Virginia, a man is presumed to be the father of a child, and therefore has certain rights in the adoption process, if:

- He is or was married to the child’s mother and the child is or was born during the marriage or within 300 days of the end of the marriage;

- He and the child’s mother attempted to marry each other before the child’s birth, and the child is born during the marriage or within 300 days of the end of the marriage;

- He has established a parent-child relationship through a scientifically reliable genetic test, or a voluntary written statement with the child’s mother acknowledging his paternity.

Any man who wishes to be notified of an adoption proceeding regarding a child he may have fathered should register with the Virginia Birth Father Registry:

- Before the child is born;

- Within 10 days of receiving notice of the registry, or;

- If he did not receive notice within 10 days of the child’s birth.

Should the birth father fail to register, he is forfeiting his right to notice of adoption hearings, as well as his right to withhold consent to an adoption proceeding.

Legal Requirements for Finalizing International Adoptions in Virginia

Even if you're not legally required to complete an international re-adoption, it is a strongly recommended step for every family who has adopted internationally. A re-adoption in Virginia is primarily a paperwork process. However, you may need to complete post-placement supervision and obtain a Report of Home Study from a local child placement agency to complete the process. If your child arrived home on an IR-4 or IH-4 (or any other visa other than an IR-3 or IH-3) visa, you must complete the adoption in Virginia in order for your child to become eligible for U.S Citizenship. If your child arrived home on an IR-3 or IH-3 visa, a re-adoption isn't required but is strongly recommended.

More on Virginia Adoption Laws:

From our blog: Adult Adoption in Virginia

How Long Does an Adoption Take?

Wed, 25 Apr 2018 13:05:00 GMT

One of the most stressful and trying parts of adoption is the waiting. It can takes months, even years, for the adoption process to move from the intake phase to finalization. There are several factors that can impact how long it takes to complete the adoption process. As you go through the process of adding a new member to your family, there are some factors that you can influence, and some that you can’t. Here are some things to keep in mind when you’re approaching the adoption process.

Parental Preferences Matter

As the prospective parent, your preferences make a difference in the types of adoption that are appropriate for your family. Consider whether or not you’re willing to make your preferences more flexible. Some of the things to consider include:

Birth parent involvement - Some adoptive parents insist on closed adoptions, wherein the birth parents aren’t involved with or updated about the child after the adoption. Open and semi-open adoptions are much more commonplace, though. Being open to some involvement by the birth parent(s) could result in a quicker adoption, particularly if you go the route of an independent adoption, as many birth parents are interested in open and semi-open adoptions.
Ethnicity and birth country - Some parents prefer to adopt children of their own ethnicity or from their own country. Opening up to foreign adoption or adopting a child from a different ethnic background can mean that more birth parents will be matched with you through an agency or private adoption. This can greatly affect how long the adoption process takes for your family.
Different gender - It’s understandable that you might prefer to adopt a girl rather than a boy, or vice versa, but consider whether you can be flexible on that. It could result in a much faster adoption, as this will limit the number of birth mothers with whom you can match. Some adoption professionals do not work with families with a gender preference. The more open you are to different options, the shorter your wait time is likely to be. While it can make for a smoother familial transition to have a lot of rigidity in your preferences, it can also greatly increase your wait time.

The Adoption Type is Important. Your family can grow in a variety of ways. The different options available to you include:

Private agency adoption
Independent adoption
Public agency - Foster child adoption
Foreign adoption
Adopting an older child
Adopting a sibling group
Adopting a special needs child

These are excellent ways to grow your family, but this list isn't exhaustive, and each can vary widely in terms of wait time and process. There may be other options that take less time and are more appropriate for your particular needs and situation.

Finances Make a Difference

Depending on your state’s laws, the birth mother may expect financial help, including living expenses and hospital and pregnancy-related expenses. If you can have a nest egg set aside for this purpose, it can make the adoption process much easier and, possibly, faster. There may also be grants and other financial tools that are available to you, depending on income, adoption type, and other factors.

Being Prepared is Essential

No matter the type of adoption you choose, your personal preferences, or even if your finances are in great shape, you may still end up waiting a long time for the newest member of your family to arrive. We understand that you’re eager to make your family a bit bigger, and we’re here to help. Whether you’re seeking an independent adoption, an agency adoption, a foreign adoption, , or just want some more information on growing your family, we can help you navigate the process from the first step to the last.

How Do We Adopt a Baby?

Wed, 18 Apr 2018 21:35:00 GMT

Adoption is a family building option available to those who are unable to have a biological child or otherwise want to grow their family through adoption. As popular as adoption has become, it can still be difficult to know how to get started or what to expect during the process. Here are answers for some of the most commonly-asked questions about "how do we adopt a baby".

What’s the First Step to adopt a baby?

If you’re considering adoption, the first thing you should do is educate yourself. It’s always helpful to know as much as possible about the likely obstacles (and opportunities) you may encounter when you’re preparing to adopt a baby. To this end, you can:

Read a variety of blogs and informational sites but make sure they are reliable sources of information. This will help you understand the different types of adoption such as private, agency or international and can give you access to first-hand accounts of other adoptive parents. Don’t be afraid to make use of your local library or book store, too, as there are many great books about adoption.

Join a local support group for adoptive and prospective adoptive parents such as Families for Private Adoption. Doing so can give you a strong support system for the ups and downs of the adoption process.

Talk with an experienced local adoption attorney to determine your best options. From newborn adoptions to international adoptions and adoptions of older children or with special needs, every adoption is different. Professional advice from an experienced adoption attorney can help you navigate the sometimes confusing world of adopting a child.

Arming yourself with knowledge and a support system can be the key to ensuring that you not only know how to adopt a baby, but also that the process goes as smoothly as possible.

How Much Does it Cost to Adopt a Baby?

The cost to adopt a baby can vary widely depending on the type of adoption process you pursue. A private domestic adoption, for example, can cost between $15,000 up to $30,000 especially if you’re paying for the birth mother’s medical and/or living expenses during the pregnancy. An international adoption, on the other hand, can cost up to $40,000, which is similar to a domestic agency adoption. Your income level is also an important consideration, as there are some tax breaks for families who fall into certain tax brackets. There are many factors to consider when figuring the cost to adopt a baby and an adoption attorney can refer you to reliable information regarding current costs factors in adoption.

How Long Will the Adoption Process Take?

Like cost, the length of the wait between initiating and completing the adoption process can vary widely. Completing a home study, which is required for all adoptions, can take up to six months to complete, After that is completed, adoptions can happen very quickly, or they can take years. The length of time depends on various factors, such as what your preferences are in the child you want to adopt as well as your comfort level with the birth mother’s situation. International adoptions often have a more predictable timetable than domestic adoptions. Whether you adopt a baby or an older child can also impact your wait. Regardless of the type of adoption you pursue, it’s important to be prepared for the journey which requires patience and persistence. Having the healthy outlook of “It’s not a sprint, it’s a marathon,” is essential to getting through the process and reaping the reward of adding another precious member to your family.

An Experienced Adoption Attorney Can Help

Getting started on adopting a child can be intimidating particularly if you do not know where to start! Working with an experienced attorney can give you the peace of mind of knowing that someone is standing by you during this important time in your life. At Modern Family Formation Law Offices, we’re experienced, knowledgeable and ready to guide you through the adoption process from intake to finalization.

Open Adoption and Post Adoption Contact

Tue, 27 Feb 2018 05:00:00 GMT

If you are considering adoption for your baby, you have probably come across the term “open adoption.” What does open adoption really mean? And how does it relate to post adoption contact?

Open adoption is an increasingly common type of adoption that allows you to meet or obtain information about the adoptive family and vice versa. Post Adoption Contact allows you to maintain a relationship with your child’s adoptive family long after placement.

Openness in adoption refers to the type and frequency of contact that is shared between adoptive families and the expectant mother during and after the adoption process. There are different degrees of openness.

In a fully open adoption, you might share identifying information with your child’s family, including last names, personal phone numbers, and home addresses. There may be phone calls, text messages, in-person visits, and/or social media use to have ongoing contact with each other.

In semi-open adoption, communication is handled by an adoption professional. Semi-open adoption agreements usually involve the exchange of pictures and letters for varying periods of time but often for the first 18 years of the child’s life. This correspondence is often handled by a third party or company like Child Connect which enables you to preserve your privacy. Some families also choose to keep in touch through emails, phone calls, or other, non-identifying communication methods.

The most important concept with open adoption and post adoption contact is that the parties decide on the level of openness they are comfortable with prior to agreeing to the adoption plan.

Open and semi-open adoption offers many benefits including:

The chance to get to know the adoptive family prior to the birth of the child. This can reassure everyone and in particular the placing parent regarding the adoption decision.

An opportunity to interact at the hospital when the baby is born. This allows everyone to observe each other and increase the level of comfort with the long term adoption goals.

Because of the post adoption contact, the birth parent will always know their child is happy, healthy and well-adjusted and will know what he/she looks like. Maintaining a relationship helps birth parents process feelings of grief and loss following placement.

Updated family medical information can be exchanged. This can help keep the child safe and healthy in case a genetic medical condition is discovered.

Open and semi-open adoption can be a wonderful way for you to provide your child with all of the opportunities an adoptive family has to offer while continuing to play an important role in his or her life. However, some women believe it would be easier for them to process their emotions in a closed adoption. Whatever type of adoption relationship you are looking for, there is an adoptive family out there who is ready and excited to have that type of relationship with you as well.

Notifying an Unknown Birth Father in Maryland Adoptions

Sun, 10 Dec 2017 05:00:00 GMT

How does an attorney notify a birth father in Maryland if he is unknown?

Maryland requires that a birth father be notified of an adoption plan. In Maryland, notice is given to the birth parent by service on them of a Show Cause Order from the Court, if the birth parent’s address is known. The Show Cause Order provides the birth parent with the case number, name of the child and where they must file paperwork if they wish to object to the adoption.

If the birth parent cannot be located or is unknown, the attorney can file a Motion for Alternative Service with the Court where the adoption is pending. This Motion seeks to serve the birth parent by means other than personal service. The Motion will seek to serve the birth parent via posting or publication based on their last known place of residence, or if unknown, where conception occurred.

In order to determine this information, an Affidavit of Paternity is completed by the birth mother, which will state, under oath, the facts surrounding the birth father’s last known location, or where conception occurred. The Affidavit should be detailed and specific so that the court can reasonably infer that the birth father cannot be located for personal service. In some cases, an Affidavit signed by the Petitioner stating any information they have regarding the birth father will be required (often in step-parent cases).

If the Court is satisfied that the birth father is unknown or cannot be located, the court usually grants the Motion for Alternative Service requiring the attorney to serve the birth father through posting and publication (alternative service). The Court will order that a notice, which contains the child’s date of birth, place of birth and the birth mother’s name and date of birth, must be posted on the Maryland Department of Human Resources website for 30 days. The notice will also have to be published in a newspaper of general circulation where the birth parent was last known to be, or where conception occurred.

After the notice has been posted and published, an Affidavit of Service is submitted to the court to confirm that the birth father was served by alternative service. There are varying times depending on the circumstances of the case before which the court can act after the posting and publication.

Can I complete an Adult Adoption in Virginia?

Tue, 16 Aug 2016 04:00:00 GMT

Under Virginia law only certain persons over 18 years of age can be adopted by another adult. Adult adoptions usually involve family members, like a step-parent who has stood in loco parentis (in the place of the parent) for at least three months. The adult adoption is also permitted for a “close relative”, which is defined as someone who is the person’s grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, or adult great uncle or great aunt.

Virginia does allow for adult adoptions by strangers or non-relatives, for good cause shown, as long as the adult adoptee is at least 15 years younger than the adopting party. In all adult adoptions, the Virginia law requires that the parties have known each other for at least one year.

The petition for an adult adoption is filed in the circuit court in the county where the adoptive parent(s) reside. The petition will include the identifying information of the parties, as well as the relationship of the parties. The consent of the parents of the adult adoptee is not required. The adult adoptee, however, will be required to consent to the adoption in all cases. While often waived in adult step-parent or relative adoptions, the court will require an investigation and report for adult adoptions involving strangers and/or non-relatives.

An adult adoption is a great way to create a permanent legal family structure that has already been in place emotionally as well as make estate planning decisions. An adult adoption creates in the parties the same rights and responsibilities to each other as though the adoptee was born to the adoptive parent.

In sum, to qualify for an adult adoption in Virginia, the adoptee must meet one of the following requirements:(1) A stepchild 18 years of age or over whom the petitioners have stood in loco parentis (like a parent) for a period of at least three months;(2) A close relative, as defined in Virginia Code section 63.2-1242.1, 18 years of age or older;(3) Any person 18 years of age or older who is the birth child of the petitioners or who has resided in the home of the petitioners for at least three months before becoming 18 years of age; or(4) Any person 18 years of age or older, for good cause shown, provided the person to be adopted is at least 15 years younger than the petitioners, and the petitioners and the person to be adopted must have known each other for at least one year before filing the petition for adoption.

Know the facts on International Adoption Visas

Sat, 04 Jun 2016 04:00:00 GMT

When you adopt a child through an international adoption, there are two main types of visas issued by the U.S. government, either an IR-3 or an IR-4.

An IR-3 visa means the child is an automatic U.S. citizen upon entry into the United States. An IR-3 visa is issued when the adopting parent(s) physically see the child before the adoption procedure is completed in the foreign country. When an IR-3 visa is issued, because the child is an automatic U.S. citizen upon entering the U.S., a Certificate of Citizenship will be automatically issued for the child by the Citizenship and Immigration Service (CIS) -- the Certificate of Citizenship will be mailed directly to the Adoptive Parents home within a few months of the child entering the U.S. Because citizenship is automatic with an IR-3 visa, registration/adoption/re-adoption is not required to attain U.S. citizenship, but it is very strongly recommend that the registration/adoption/re-adoption be completed for many other reasons, including obtaining a state issued birth certificate, formal legal name change, insuring rights of inheritance, and obtaining a Social Security Card with the child's American name and with U.S. citizen designation. A person who automatically obtains citizenship is not required to file an Application for Certificate of Citizenship (Form N-600). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. Passport with the Department of State to serve as evidence of his or her U.S. citizenship.

If an IR-4 visa is granted, the child does not automatically gain U.S. citizenship upon entering the U.S. An IR-4 visa is issued when only one of the partners of the married couple travels, or if the adoption is completed through power of attorney prior to the adopting parents physically seeing their child in the foreign country. With an R-4 visa, after returning home, the adoptive parents must register/adopt/re-adopt the child according to their home state's adoption laws in order for the child to attain U.S. citizenship. This registration/adoption/re-adoption process must be completed before the adoptive parents can apply to the CIS for the child's Certificate of Citizenship.

Birth Parents: A few things they should know before making an adoption plan

Sat, 05 Mar 2016 05:00:00 GMT

Making an adoption plan is a courageous and frightening decision. If you are thinking about or have made a decision to place your child for adoption you should be aware of some of your rights. An adoption attorney can provide you not only an overview of your options but can also explain your legal rights and options. If you want to reach out to an adoption attorney you can find one that lives near you by going to www.adoptionattorneys.org and click on “find an attorney.”

In every State a birth parent has a right to counseling with a licensed social worker in their own community to learn about options and alternatives to adoption, including resources in their community, before moving forward with any adoption plans. In almost any State an adoption attorney will meet with a birth parent to discuss the options and alternatives at no cost to the birth parent. An attorney in your state will advise a birth parent of the laws of the State where they live and will advocate for the birth parents rights and needs throughout the adoption plan.

Once a birth parent has decided that adoption is the right choice, they should know that they have a right to ongoing counseling, an attorney and to find the family who they believe is best suited to meet their child’s needs. If the professional that a birth parent is working with does not present a family that meets the birth parents wishes they should ask to see profiles for more families. Birth parents have the right to meet potential families before they select them to parent their child and they have the right to plan for the type of future relationship with the child they believe is best. This later part is called post adoption contact and many states have enforceable post adoption contact agreements.

If a birth parent contacts an adoption professional to work with them in making an adoption plan, they have the right to know the professional qualifications of that person or agency. They should ask about their experience with adoption planning, including their educational background, their licensing (ask for a copy of their license), what type of business entity they are, the states where they may be licensed, and whether they are physically located in the birthparents’ state. If they are not located in the birthparents state, the birth parent should contact an attorney in their State before proceeding. The laws of every State are different and having an attorney to advocate for the birth parent from the start will ensure the adoption plan they choose will happen.

The attorney can assist the birth parent in ensuring that the labor, delivery and after delivery hospital plan that involves the people the birth parent wishes to have around them to support them is put in place.

Consent and Revocation Periods – Ever Changing but Ever Important

Fri, 10 Oct 2014 04:00:00 GMT

The adoption journey involves not only a complex emotional journey but a complex legal one as well. One of the legal complications revolves around the consent and revocation time periods that apply to the adoption. Adoptive parents often have to think about the laws where they reside and those where their agency is licensed or the expectant family resides. There is no single resource where one can find out all of the consent and revocation periods in the United States. The reason such a resource does not exist is because the laws can change frequently by the legislature or as a result of a court decision, they can be different within the same state depending on whether the adoption is an agency or private adoption and which state law applies to the particular adoption impacts which consent and revocation laws apply.

As an example of the different and complicated laws, we can look no further than the three local jurisdictions. In Maryland, a birth parents’ consent can be taken any time after the birth of the child and they then have 30 days to revoke their consent. In the District of Columbia in a private adoption the consent can be taken anytime after the child is born and the consent is irrevocable upon execution meanwhile if the adoption is through a D.C. Adoption agency, the consent is revocable for 14 days after execution. In the State of Virginia, a consent cannot be take until 72 hours after birth and is revocable for 7 additional days, if however, the birth mother signs the consent after the child is 10 days old, she can waive the 7 day revocation period. In Virginia, a birth father could deny paternity prior to the birth which terminates his rights. The revocation period in D.C. for agency adoptions just changed two years ago. As evident from just these three jurisdictions, one can see why providing a detailed listing of the consent and revocation periods would be near impossible. The most reliable resource for any adoption law and, in particular, on consent and revocation periods is one of the professional attorneys associated with FPA who are also members of the American Academy of Adoption Attorneys (AAAA).

With all of this in mind, I took some time to survey AAAA Fellows from around the country to obtain some of the consent and revocation laws to give a general overview of current state laws. Not all states are included and these should be used as a general reference only – you should still check with your attorney about the current state of any law prior to proceeding with an adoption.

Alabama The consent for birth mother can be signed before birth if it is done in front of a probate judge, after birth before a notary or judge. A consent can be signed after birth any time that would be reasonable, usually 24 to 48 hours. A birth father can sign any time before or after birth before notary.

Arizona A birth parent and/or legal parent can’t sign a valid consent until more than 72 hours after the birth. When signed, consent is irrevocable unless there is clear and convincing evidence of fraud, duress or undue influence.

Colorado There is both an expedited and traditional relinquishment process. Both expedited and traditional relinquishments require an agency’s (or Department of Human Services) involvement. The expedited relinquishment procedure applies only for children under one year of age. The petition for relinquishment can be filed four (4) business days after birth and the court may grant the petition, without a hearing, within seven (7) days after the filing. A relinquishing parent may seek to revoke their petition up until the court signs the Final Order of Relinquishment.

In an expedited relinquishment procedure, Pre-birth notice may be given to putative fathers up to sixty three (63) days prior to the anticipated date of delivery. The putative father has either twenty-one (21) days from the date of notice or until the Petition for Relinquishment is filed, whichever time frame is longer, to properly reply and declare an intent to contest the termination of his rights. In order to properly reply and declare an intent to contest the termination of rights, the birth father must return a completed Reply form declaring his intent to contest and file a claim of paternity within the proper time frame.

A traditional relinquishment can take several months, requires a hearing, and the relinquishing birth parents can change their mind any time prior to the court entering final orders. A non-relinquishing parent is given thirty-five (35) days, after notice, to respond and contest his/her rights being terminated.

Illinois Any alleged father can sign before birth and it is revocable until 72 hours after birth. Any alleged father (including legal fathers who are not the biological father) or a “father” who will neither admit nor deny paternity can sign a notarized waiver, final and irrevocable, at any time. Mother can only sign after 72 hours from birth, final and irrevocable. Putative fathers can also be served notice pre-birth. If no response in 30 days, rights can be terminated pre-birth.

Kentucky The waiting period is 72 hours after birth and the revocation period is within 20 days after approval of the prospective adoptive parents by Kentucky's Cabinet for Heath and Family Services (ICPC approval). Voluntary and Informed Consents - which are the only statutorily defined ""consents""- only apply to private adoptions by virtue of the language in the Voluntary and Informed Consent itself.

Florida For a newborn to a child 6 months of age, the mother has a 48 hour waiting period or date of hospital discharge (first to occur). After the waiting period, consent are binding and irrevocable. The father has no waiting period. All consents binding and irrevocable.

For a child six months of age or older, there is a three business day recision period (business defined as any day U.S. postal service accepted certified mail).

Minnesota The consent can’t be signed prior to 72 hours after birth and the birth parent has 10 working days to revoke.

Montana The waiting period for a birth mother is a minimum of 72 hours after birth of baby and her receipt of the required minimum of 3 hours of counseling provided by an employee of a Montana licensed child placing agency. In private (direct placement) adoptions, the birth mother must in addition receive a copy of the adoptive parents home study prior to signing a relinquishment/consent. No revocation period. Birth Father can sign any time including prior to the birth of the child. It is not required that the birth father receive counseling or a copy of the adoptive parents’ home study.

New Jersey There is a 72 hours waiting period to take a consent. No revocation period for agency adoption: For a private adoption the revocation period varies. Birth parent's rights are terminated either thru a judicial termination (via a court hearing), at the preliminary adoption hearing ( if no objection has been entered by a birth parent) or through the assistance of an agency(called an ""identified adoption"") - whichever occurs first.

Nevada There is a 72 hour after birth waiting period, and both Consents and Relinquishments are irrevocable upon signing.

North Carolina In independent and agency adoptions, a putative or legal father can sign any time before or after the child’s birth and the mother can sign any time after the child’s birth. In independent and agency adoptions, the revocation period is 7 days after signing (with the day of signing being “day zero” and intervening Saturdays, Sundays and holidays being counted). However, the revocation period cannot end on a Saturday, Sunday or a court holiday so it will therefore be extended to the next following business day.

In independent adoptions only, North Carolina requires that a copy of the home study be given to a “placing parent” (one with legal and physical custody). Notwithstanding the 7-day rule, in independent adoptions only, the revocation period for a placing parent cannot end before 5 business days have elapsed from the day the placing parent is given a copy of the home study.

The 7-day rule does not apply to a second identical consent (independent) or relinquishment (agency) signed by a parent following a revocation of an earlier consent or relinquishment. The second consent or relinquishment is irrevocable when signed.

Ohio A consent in a private adoption or a Surrender in an agency adoption may not be taken less than 72 hours after the child is born or after the assessor has met with the birthparent(s), whichever is later. Birthparent(s) may not revoke an executed consent prior to an interlocutory hearing unless revocation is in the best interests of the child. After an interlocutory hearing a consent is not revocable for any reason. Permanent Surrenders in agency adoptions may not be revoked.

Oregon There is no waiting period. Putative fathers (only) can sign before the baby is born. Legal fathers and mothers cannot sign until after the baby is born. No statutory revocation period. In an Agency, consent is Irrevocable upon placement if certificate of irrevocability was signed along with the consent. In a private case, consent is irrevocable upon meeting all six conditions set forth in the statute.

Tennessee A birth mother may execute a Surrender of Parental Rights before a judge not sooner than 72 hours after birth. A legal father may do the same. Both are subject to a 10 calendar day revocation period which extends to next business day if 10th day falls on weekend or holiday. A putative father who is not a legal father may waive his parental rights on a statutory form before a notary after birth, and also before birth if the birth mother signs an affidavit identifying him before a notary. Waivers are not revocable unless an adoption does not occur.

South Carolina No minimum waiting time after birth for private or agency adoptions (BUT the rule of thumb followed by most practitioners is to wait at least 24 hours after birth). No revocation period.

Texas Alleged father’s affidavit of waiver of interest is irrevocable from signing whether private or agency. Birthmother and Presumed Father’s affidavits of relinquishment can be irrevocable from signing if to an agency (and specifically provided for in the affidavit). If signed direct to adoptive parents, then they are either revocable for 10 days (this is the default) or the affidavit can provide it is irrevocable for up to 60 days (after which it becomes revocable but the idea is to terminate rights before the 60 days expires).

Utah Birth mothers cannot sign until 24 hours after baby is born. Anyone else can sign at any time, including before birth. All consents are irrevocable upon signing.

Wisconsin Consent is taken before a judge following the filing of a TPR (termination of parental rights) petition (hearing within 30 days of filing). Consent is final when taken and approved by court in court. No revocation period for private or agency adoptions.

In addition to revocation and consent laws, most states have laws that allow a final judgment of adoption to be challenged if a birth parent can show fraud, duress or undue influence even if the consent is irrevocable. The period in which a birth parent can challenge on these grounds ranges from 30 days to a year. The best protection from a challenge on fraud, duress or undue influence is for the birth parent to have separate, independent counsel. Finally, a final judgment generally has a thirty day appeal period and most states also allow a judgment to be modified if there is a mistake or error in the judgment. These later laws do not often come into play with adoptions, however, an attorney will consider these laws and advise you accordingly for your adoption.

As noted in the beginning, these laws change from time to time when new legislation is passed or a new case reaches the highest court in a particular state so you should not rely on this list other than for general reference. Your attorney can verify the laws of any state that impact your particular adoption and they are your most reliable resource.

How does Marriage Equality impact my Adoption?

Thu, 09 Oct 2014 04:00:00 GMT

Adoption is guided by statutes established in each individual state. There is no universal adoption law that applies similarly to each state. This is why interstate adoptions can be complicated and require an attorney with specific experience and knowledge in the field. In addition, if you are lesbian or gay and trying to adopt – whether through an agency, private adoption or by means of a step parent or second parent adoption, the changing landscape of marriage equality becomes an important factor to consider. Your adoption attorney should not only be well versed in ICPC, interstate, private and agency adoptions but they should have experience working with the LGBT community in handling in-state second parent adoptions but also in working with the community through complex, multi-step interstate adoptions.

Second Parent Adoption

Second parent adoption is a process that allows a second parent to adopt a child without the ""first parent"" losing any parental rights. In this way, the child comes to have two legal parents. It also typically grants adoptive parents the same rights as biological parents in custody and visitation matters. In most states that allow second parent adoptions, the parents do not have to be married to be able to complete the adoption. Thus, marriage is not a factor and marriage equality does not change or impact this process. Keep in mind that a second parent adoption is NOT dependent on a marriage to be completed, rather, the state allows the adoption based on independent best interest grounds.

Step Parent Adoption

Step parent adoption is a process that allows a person to adopt their spouses’ child(ren). In almost every state in the country there are statutes that provide a process to complete a step-parent adoption. The adoption is dependent on the marriage in a step-parent adoption. In this type of adoption marriage equality matters! If you are married in a state that recognizes your marriage you should be able to take advantage of the step-parent adoption statutes to adopt your spouse’s child. This is a huge leap forward for LGBT parents who have been residing in non-recognition states. However, because the adoption is dependent on a marriage an analysis should be done to determine if you can obtain a second parent adoption in another jurisdiction like the District of Columbia rather than a step-parent adoption in your home state. It is true that whether you obtain a second parent or a step parent adoption, all other states should give your final decree full faith and credit and recognize your parentage but the concern raised by the LGBT professionals for years has not gone away – if your adoption is based on a marriage that is not recognized in another state, can your adoption be challenged? We hope not but there is no certainty until marriage recognition is achieved universally across the county. So, if step-parent in your home state is your only option, you should proceed but if you have an option to obtain a second parent adoption in a neighboring jurisdiction, you should talk to an attorney before proceeding.

Interstate Private Adoption

The impact on interstate adoption is not fully known and it will take time for the regulations and laws to catch up with the change in marriage equality. Unlike laws that are state specific and impact only the residents of that state, an interstate adoption requires that you consider the laws of not only your state but the laws of the placing parents state and if you are using an out of state agency, the laws of the agency state. Also adding to the analysis is the ICPC (interstate compact on placement of children) process where both the sending (where the baby is born) and the receiving (where the adoptive parents live) states have to approve the placement prior to the adoptive parents traveling home with the baby. In this regard, it is not just local courts applying statutes like in a step-parent adoption but rather state public (ICPC) and private adoption agencies considering regulations and laws of each state involved in the adoption plan. For example, if a married lesbian or gay couple is home study approved in their state and they locate a placing mother in a non-recognition there could be complications. Since one state does not recognize their marriage, the ICPC office may have trouble accepting their home study and approving the placement. They would not be able to complete their adoption in the non-recognition state which means they would have to utilize their home state adoption laws which may not be as favorable to one or both of the parties to the adoption. However, with the marriage recognition, there is no doubt that adoptions for LGBT couples are going to open up in all 30 recognition states – the states that recognize the marriage cannot now take the position that the couple’s marriage prevents them from adopting. Therefore, a whole new world of opportunities and jurisdictions has opened from which the LGBT community can adopt.

Virginia Marriage Equality

Tue, 07 Oct 2014 04:00:00 GMT

On October 6, 2014, the United States Supreme Court denied the review of the seven Federal Circuit Court rulings from the Fourth, Seventh, and Tenth Circuits. These rulings held state bans on same-sex marriage violated the U.S. Constitution. In doing so, the Supreme Court has allowed those favorable rulings for same-sex marriage to stand. This means that five more states will be added to the list of states allowing same-sex marriage including Oklahoma, Utah, Virginia, Indiana, and Wisconsin. It also means that marriage bans in the other states within those Federal Circuits will likely be invalidated. This would include North Carolina, South Carolina, Wyoming, Colorado, Kansas, and West Virginia.

In Virginia, since the appeal has now been denied, the Virginia Attorney General has issued a statement indicating that the Fourth Circuit is expected to lift the stay by 1:00 PM on October 6, 2014, allowing marriages to begin at that time across the Commonwealth. Clerks of court are currently preparing to issue marriage licenses. Thus, the decision of the Fourth Circuit Federal Court of Appeals will stand and same sex marriages will now be performed in and recognized in the Commonwealth of Virginia.

In addition, if you were married in a state that legally allowed same-sex marriage, you are now legally married in the Commonwealth of Virginia and afforded all of the rights and obligations of a legally married couple including for all purposes under federal law. You will now have to file married state and federal tax returns.

Adoption – Second Parent and Step Parent Adoption

For parents, if you are married and you are the non-legal parent of your child(ren), you should be able to obtain a step-parent adoption in the Commonwealth of Virginia and become a legally recognized parent of your child(ren). However, this may not be immediate as parentage issues often take time after marriage recognition to fall into place. What we know for certain is that if you live in Virginia and you give birth in the District of Columbia, you can certainly procure an adoption in D.C. which will be recognized in Virginia and all the other states in the Country. In addition, the District of Columbia provides you the option to obtain the adoption as a second parent adoption rather than a step parent adoption. While small, the difference is that with the second parent adoption, the adoption is not based on a marriage that a non-recognition state official might attempt to challenge thus challenging parentage. The District of Columbia process is a straightforward and secure method to ensure your parental rights.

Please be aware that because not all 50 states recognize your marriage, you should still perform a second- or step-parent adoption so that your legal relationship to your children can be recognized in all 50 states. Before attempting an adoption, you should consult an adoption attorney to discuss your options and rights. For more information on Virginia Adoption for LGBT parents, click here: http://www.equalityvirginia.org.

D.C. Adoption Laws Draw Lesbians for Second Parent Adoptions

Tue, 01 Jul 2014 04:00:00 GMT

As recently reported by the Washington Post (an article in which I provided background information for), many lesbians from Virginia, North Carolina, Texas, Ohio and other states that prohibit second parent adoption are coming into the District of Columbia to give birth so that they can complete their adoptions and obtain the legal recognition as parents to their children in their home states.

I have been handling second parent adoptions since the early to mid-1990’s when the first ones were being granted in both D.C. and then Maryland. It is true that about half of the states, including Maryland, allow these adoptions by a second, same-sex parent who otherwise would not be considered a legal parent. This is not true in states like Virginia where children can be adopted by an individual or a married couple but not a gay couple. The District is a rarity in that it permits second-parent adoptions based on the child being born in the District of Columbia. Many of my clients begin working with me early in the pregnancy to come up with plans for their delivery at a local hospital as well to sign the necessary paperwork. We always advise clients on a back-up plan in case delivery does not occur in D.C. that includes estate planning options and other protections for their family.

When Council Chairman Phil Mendelson (D) sponsored this bill, it was clearly going to be a benefit to lesbian families in non-recognition states. It also changed the adoption landscape as D.C. had previously been one of the jurisdictions where non-residents could not finalize an adoption. So not only did this new law benefit same-sex parents, but it has benefited countless other adoptive families who were (and are!) able to utilize the laws of the District of Columbia to complete their adoptions so long as the baby was born in the District of Columbia.

It is important to know that in D.C. the adoption cannot be granted until the child has been in the home for six (6) months, however, we prepare documents in advance of the birth. We provide clients with a concise list of things we need and what they need to do to ensure things move smoothly such as which background checks are required. We then file as soon after the birth as we can and usually have a 10 minute status hearing a few months after filing where the family appears before the court and then the family does not have to return again as we handle the rest of the process and send them the final decree. There are many options we can go over with clients about timing of hearings and having hearings before they leave D.C. after the birth.

The 2013 law is retroactive to July 2009 and we have completed many adoptions where children were born between July 2009 and July 2013 when the law was passed. Our clients have been from North Carolina, Texas, Ohio and Virginia. We anticipate clients from many other states in the coming year including a couple that is from Michigan.

The Accuracy for Adoptees Act

Sat, 01 Mar 2014 05:00:00 GMT

The “Accuracy for Adoptees Act,” requires that a Federal Certificate of Citizenship for a child born outside of the United States reflect the child's name and date of birth as indicated on a State court order or State vital records document issued by the child's State of residence after the child has been adopted in that State.

This bill helps adoptive children who had been given inaccurate birthdates abroad primarily due to being abandoned in their home country with no identification or birth record. When the adoption takes place, the foreign country generally does its best to estimate the child’s birth date. This date can sometimes differ significantly from the child’s actual date. Often this becomes apparent during medical exams in the United States and medical professionals are able to establish a more accurate date of birth. Most state courts have a process to correct a date of birth which often requires evidence from one or two medical professionals – the evidence can be medical, educational or dental records as well. As a result, when an adoptive parent obtained a corrected birth date from the state court, those records then did not “match up” with the immigration paperwork. The federal government was not able to change the birth date based on the state records. These children would end up with a different birth date on their driver’s license than on their passport leading to concerns about identify fraud or citizenship.

The Accuracy for Adoptees Act solves these problems by requiring federal agencies to recognize amended birth dates issued by state courts. The bill removes the hurdles and risks families faced in getting a proper birth date for their child.

We have already used this provision to assist Maryland and District of Columbia families. If you adopted a child internationally and you live in Maryland or D.C. and want to learn more about obtaining a correct birth date for your child, email us.

For a full version of the bill, click here. https://www.govtrack.us/congress/bills/113/s1614/text

D.C. Domestic Partnership Judicial Determination of Parentage Amendment Act

Thu, 30 May 2013 04:00:00 GMT

The District of Columbia amended its D.C. Domestic Partnership Judicial Determination of Parentage Amendment Act (aka D.C. Parentage Act) to allow some non-D.C. residents additional adoption or parentage rights. The amendment as noted on my website in March of this year, took effect in March 16, 2013. The amendment gives the D.C. Superior court the power to grant an adoption to any child who is born in the District, even if the family does not reside in D.C.

The newest District of Columbia laws on adoption and parentage have reflected a policy that favors extending parental rights to same-sex couples with children. The original D.C. Parentage Act, enacted in 2009, was unlike any other in the country. It provided that same-sex female couples who were married, registered as domestic partners in D.C., or who signed a Consent to Parent, to complete a second parent adoption of children born to one of the partners but also conferred the status of parent on both partners at birth when using artificial insemination and the other woman consented to her partner’s insemination with the intent to be a parent of the resulting child.

The law provides that if two women are married, are registered as domestic partners or they sign a consent to parent and their child is born in the District, then DC law will recognize the child as the legal child of both parents. But the new law goes even further – if the woman live in another state like Virginia, North Carolina or Texas and they give birth in the District of Columbia then the D.C. Superior Court has jurisdiction to hear the adoption case and grant an adoption and both woman will be presumed legal parents at birth if they sign the appropriate paperwork at the hospital.

The Act does not extend to male same-sex couples. A man cannot bear a child; therefore, he must use a gestational surrogate. But, surrogacy is illegal under D.C. law and so the D.C. Parentage Act does not provide any benefit to male same-sex couples.

The amendment to the D.C. Parentage Act is already having a profound effect on lesbian couples living in states that preclude second parent adoptions or parentage recognize to same sex female couples. Our law office has already filed several cases for families that live in Virginia and gave birth in the District of Columbia.

Family Formation Blog

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