Archives for July 2016

Adopting Special Needs Children—The Challenges

According to statistics, there are more than 100,000 children with special needs who are waiting to be adopted. Unfortunately, it’s a much more complicated process to complete a special needs adoption. If you are interested in adopting a special needs child, here are some factors to consider.

What Is a “Special Needs” Child?

A special needs child is any child who has a physical, mental or emotional disability, or who needs special education or training of any sort. A special needs child can be any age, but the guidelines vary from state to state. As a general rule, though, special needs children are older and frequently are members of an ethnic or racial minority. They can be victims of physical or emotional abuse, or may have been prenatally exposed to drugs or alcohol.

Are There Different Requirements to Adopt Special Needs Children?

As a general rule, anyone who can qualify to adopt a child can qualify to adopt a special needs child. Every agency will have its own specific requirements, so you’ll need to check and may need to interview a few different agencies to ensure that you qualify. Most agencies allow single or married couples to adopt special needs children, but may have a requirement that you’ve been married for minimum period of time.

What Are the Costs of Adopting a Special Needs Child?

It’s not uncommon for an adoption agency to either charge no fee or only a small fee to parents adopting a special needs child. In addition, there are state and federal programs that provide assistance to parents adopting special needs children.

Contact Us

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail. For clients with personal injury or workers’ compensation claims, we offer a free initial consultation, and will represent you on a contingency basis, only charging attorney fees if we recover compensation for you.

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

PA Superior Court Declares Gestational Carrier Agreements to be Enforceable

On November 23, 2015 the Superior Court of Pennsylvania, the first Appellate level before a matter goes to the Pennsylvania Supreme Court, issued an opinion confirming the lower Court’s decision and finding that a Gestational Carrier Agreement is enforceable in Pennsylvania.

This opinion came from a case which I have discussed in an earlier blog and which has been all over the news involving a TV personality. In that case she and her husband had obtained an egg from an anonymous donor which was then fertilized by the sperm of her husband. The embryo was transferred to a gestational carrier pursuant to a very detailed and specific Gestational Carrier Agreement. Mid way through the pregnancy the intended parents separated with the intention of divorcing. The intended mother at that point decided that since she had no genetic relationship with the child she should not be required to serve as the child’s mother, but rather the gestational carrier would be responsible.

After a trial the Court determined that but for the Agreement by and between the intended parents and the carrier, the child would never have been created. Additionally, based upon the statements and activities of the intended mother the Court found that she should be responsible for this child. The intended mother appealed this to the Superior Court of Pennsylvania which issued an opinion affirming the trial judge’s decision.

At this time we do not know if the Supreme Court of Pennsylvania will be asked to review this. In the meantime, this now becomes the settled law in Pennsylvania.

Preparing to Adopt a Child — Some Things You Need to Consider

If you are planning or considering adoption as a way of starting or building a family, here are some things you’ll want to factor into your decision, especially if you’ve never had a child before.

There’s a lot to learn—Raising a child involves a whole lot more than sitting back and watching them grow. You’ll want to know about developmental landmarks, such as walking and talking, and you’ll want to know as much as you can about proper nutrition, sleep habits and toilet training. Most expectant mothers attend childbirth classes, and similar programs are available for adoptive parents. It’s a good idea to participate in one.
You will likely have to bottle-feed your child—You may be able to take hormones that allow you to breast feed, but adoptive mothers, as a general rule, have a more difficult time producing breast milk.
Be prepared to celebrate two special days every year—You may choose to celebrate your child’s birthday and your child’s adoption day. In reality, this is more for the adoptive parents than the child.
Be prepared for lots of questions—Because adoption is not the traditional way that people build a family, it can stimulate curiosity in those who have never done it. You may be subjected to odd or even inappropriate questions, such as how much your adoption cost or even details about the child’s biological family. One family that adopted an infant from China was bemused when a well-meaning relative asked if the 10-month-old girl “had a Chinese accent.”

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

Contact Us

Offices

Main Office

Phone: (856) 429-5005

Woodbury, NJ Office

Phone: (856) 845-2555

Philadelphia, PA Office

Phone: (215) 563-2150