New Jersey Enacts Legislation Expanding Insurance Coverage for Infertility Care

On January 12, 2024, a significant milestone was achieved in the realm of reproductive healthcare and reproductive freedom in the state of New Jersey. Governor Phil Murphy signed a groundbreaking bill into law, marking a momentous step towards making fertility services more accessible and affordable for all residents. This crucial legislation not only addresses the financial burdens faced by individuals and families struggling with infertility but also serves as a beacon of hope for same-sex couples seeking to expand their families. In this article, we will delve into the details of this remarkable development and its implications, highlighting how it reinforces the commitment of New Jersey to supporting those on the journey towards parenthood.

Infertility Care

Expanding Insurance Coverage for Infertility Treatment

The new legislation represents a pivotal moment in the fight for reproductive rights, as it extends insurance coverage for infertility treatment to all individuals in the state of New Jersey. For many couples and individuals, the costs associated with infertility treatments can be exorbitant, often acting as a formidable barrier to pursuing their dreams of parenthood. With this bill, these financial obstacles are significantly reduced, if not entirely eliminated, ensuring that those who desire to start or expand their families have access to the necessary medical assistance.

One of the most remarkable aspects of this legislation is that it does not discriminate based on gender or sexual orientation. It recognizes the diverse range of families in New Jersey and ensures that same-sex couples, as well as LGBTQ+ individuals, are equally entitled to fertility services and insurance coverage. This is a testament to the state’s commitment to inclusivity and support for all individuals on their path to parenthood.

A Dream Come True for Many

Infertility can be a heartbreaking and emotionally taxing journey for those who experience it. The prospect of starting a family may seem unattainable due to the immense financial burden associated with fertility treatments, such as in vitro fertilization (IVF) or assisted reproductive technologies (ART). However, with the enactment of this legislation, the dream of parenthood is now within reach for countless New Jersey residents.

By expanding insurance coverage for infertility treatments, the bill alleviates the financial stress that often accompanies infertility. This means that individuals and couples will no longer have to make difficult choices between their desire to have children and their financial well-being. This newfound accessibility to fertility services empowers families to make choices based on their aspirations and needs, rather than being constrained by financial limitations.

An Inclusive Approach to Reproductive Rights

One of the most laudable aspects of New Jersey’s new legislation is its commitment to inclusivity and equal access to fertility services. The bill’s recognition of diverse family structures ensures that all individuals, regardless of their sexual orientation or gender identity, have the same rights and opportunities to seek fertility treatment. This marks a significant stride toward equal representation and acceptance in the realm of reproductive healthcare, reinforcing New Jersey’s commitment to inclusivity and equality.

A Resounding Victory for Reproductive Freedom

The signing of this legislation sends a powerful message about New Jersey’s unwavering support for reproductive freedom. It is a testament to the state’s dedication to providing comprehensive healthcare options for its residents and ensuring that the pursuit of parenthood remains a viable and attainable goal.

By expanding insurance coverage for infertility care, New Jersey joins a select group of states leading the way in reproductive rights. This victory has been welcomed with open arms by advocates for infertility awareness and reproductive health, as it demonstrates a clear commitment to addressing the unique challenges faced by those struggling with infertility.

A Step Towards a Brighter Future

The impact of this legislation extends far beyond the immediate benefits of expanded insurance coverage for infertility treatments. It signifies a societal shift towards greater compassion, understanding, and support for individuals and couples facing infertility. It acknowledges the profound emotional and psychological toll that infertility can take and offers a lifeline to those in need.

For many, the journey to parenthood has been an arduous one, marked by uncertainty and frustration. The signing of this bill is not only a legislative achievement but also a symbol of hope and perseverance. It reaffirms that the state of New Jersey is committed to standing with its residents in their pursuit of happiness, family, and fulfillment.

Conclusion

The enactment of legislation expanding insurance coverage for infertility care in New Jersey is a momentous occasion in the fight for reproductive rights. This comprehensive approach to strengthening reproductive healthcare and reproductive freedom is a resounding victory for all individuals and families struggling with infertility, including same-sex couples and LGBTQ+ individuals. It signifies a significant step towards making the dream of parenthood a reality for countless residents.

We applaud the state’s commitment to inclusivity, equal access, and affordable healthcare. We understand the legal complexities that may arise in this context and are here to support and advocate for individuals and couples seeking fertility treatments. The expansion of insurance coverage for infertility care is not only a legislative achievement but also a symbol of hope and progress for New Jersey and its residents.

Attorney Donald Cofsky is a Fellow and a Past President of the Academy of Adoption and Assisted Reproduction Attorneys. He has assisted over 2,000 couples and individuals in completing their adoptions and forming their families. Call to schedule a consultation with Mr. Cofsky at 856- 429-5005

Adopting Your Foster Child

Process of Adopting Your Foster Child

Deciding to adopt your foster child is an effective way to provide them with a more permanent family. The number of children who are waiting to go through the adoption process is well over 100,000. While foster children are often able to be adopted, there are several restrictions and guidelines that should be taken into account.

Can You Adopt Your Foster Child?

Adopting a foster child is allowed through the foster-to-adopt process. However, it’s not an option in every situation. Foster care is considered a temporary solution in the event that a child’s home isn’t currently stable or safe. When children are placed in the care of the state, the goal will be to eventually reunite them with their birth parents. As a foster parent, you agree to provide children with temporary care until reunification is possible.

While there are times when the birth parents of foster children will have already had their legal rights terminated, this isn’t true with every foster child. For some foster children, adoption is never an option. Before you first accepted a foster child, you may have been told if the goal is adoption or reunification. This information should help you determine if you’re able to adopt your foster child.

Why Fostering Is Often Considered Before Adopting

State governments are encouraging many parents who want to adopt to first become foster parents. There are numerous benefits of fostering a child before you adopt them, the primary of which is that you’ll be able to begin parenting sooner. Placement in foster care can occur in just a few days. In comparison, finalizing the adoption process may take upwards of six months or longer.

An important component of fostering is that foster parents are required to actively support the goal of reunifying children with their birth parents if that is the child’s current permanency plan. This plan is set by the court system. Even if reunification is the goal, “concurrent planning” may occur, which means that work will also be done to have an alternate permanency plan in place. This alternate plan usually involves adoption by foster parents if reunification isn’t successful.

When Can Foster Parents Adopt Foster Children

Even if a child’s biological parents have had their rights terminated, it’s not guaranteed that foster parents can adopt their foster child. In most situations, caseworkers first search for other biological relatives who may be able to adopt the child. If the caseworker is unable to find a relative who’s willing to provide the child with a safe home, foster parents are often given the opportunity to do so.

Some foster parents wonder if it is possible to fight relatives for the ability to adopt if the foster family has been together for months or years. In this scenario, each case differs. Call our New Jersey adoption lawyer today if you would like to speak about your case.

The process for adopting a foster child is similar to the process for all other types of adoption. Birth parents typically have around 6 to 12 months to finish their reunification plans. However, extensions are often given. Once parental rights have been terminated by the court system, this system will also evaluate who the best fit is to raise the child in question.

Since adoption is a more permanent scenario, social workers usually conduct post-placement visits to assess how the foster family is adjusting to the changes. Once every potential requirement has been met, a court date is set to finalize the adoption.

Potential Roadblocks During the Adoption Process

The path to adopting a foster child isn’t always straightforward and can be made more challenging if certain issues arise. For instance, a foster parent’s financial situation can play a role in identifying if they are capable of providing for the child’s essential needs on a long-term basis.

A person’s residence can also be taken into account. While adoptive parents can rent or own, a social worker may indicate that the living environment isn’t suitable for the child. Social workers are usually tasked with approving every aspect of the adoption. If the post-placement study mentioned earlier is negative, securing the adoption may be difficult.

If you’re currently thinking of adopting your foster child and providing them with a loving home, you will want to understand your legal rights. To learn more about what the process entails, call our New Jersey adoption lawyer today at (856) 429-5005 to schedule a consultation at our Haddonfield office.

Adopting an Adult

How Do Adult Adoptions Work?

There are many different types of adoptions. One of the lesser-known options is adult adoption. There are certain criteria that must be met in order to adopt an adult into your family.

What Is Adult Adoption?

Adult adoption is a legal procedure that allows a couple or individual to bring a person over the age of 18 into their family. Although not all states recognize this type of unconventional adoption, New Jersey does. It allows people to enrich the lives of adults who need the permanent connection of a loving, nurturing family.

Why Do Families Choose to Adopt an Adult?

Adult adoption is still a new concept to many people, but there are many reasons why more families are going this route. Just like adopting a child, adult adoption helps to secure a person’s family situation. If you are interested in adopting an adult, a New Jersey adoption attorney can help you with the process.

One of the most common reasons for adult adoption is that a person wishes to leave an adult an inheritance, and one way to do that is to establish a legal relationship. Adoption solidifies that familial relationship so that the adult can receive the inheritance that the person wishes to leave them.

A stepparent may want to adopt their adult stepchild to create a closer, loving family bond. This form of adoption can occur on the same day that the petition is filed with the court. Because the person is already an adult, there is no worry about having to get their other biological parent’s consent.

Adult adoption can occur when a person who was adopted or went through the foster care system has reconnected with their birth family.

Adult children who lived with a foster family but were never adopted as a minor can be adopted by their foster family.

Some adult adoptions involve adults with disabilities so that they can receive care for their lifetime. The person who adopts them oversees their care and makes all decisions affecting their welfare.

What Are the Laws on Adult Adoption?

In order to adopt an adult, there must be at least a 10-year age difference between you and the person you wish to adopt. If you are married, your spouse may have to give consent to the adoption. However, in some cases, the court may allow an adult adoption without your spouse’s consent if they are unavailable or unreasonable.

One of the strictest laws regarding adult adoption is that there must not be a sexual relationship between the adopter and the adoptee. At any point, if the two people engaged in a sexual relationship, the adoption cannot take place. Adult adoption also cannot occur for criminal reasons. If the court suspects that fraud is involved in the adoption, it will prohibit it from happening.

Although there’s no reason to get consent from the person’s biological parents for adult adoption, you should give them notice of the adoption.

What Is the Adult Adoption Procedure?

If you have decided that you wish to adopt an adult, you must visit your local court to obtain the right documents. An experienced New Jersey adoption attorney can provide all the information needed to fill out these forms. If you are adopting an adult with limited mental or physical capacity, you must fill out and file additional documentation.

Completing and signing the paperwork should be done in the presence of a notary who should then sign and emboss it. Pay careful attention to all instructions, and submit your paperwork accordingly. You will have to wait to be notified of a court date at your local family court where a judge will hear your adult adoption case.

If you need help with an adult adoption, contact contact a New Jersey adoption attorney at Cofsky & Zeidman LLC in Haddonfield at (856) 429-5005 at your earliest convenience.

Adoption vs. An Embryo Donation

The Pros of Cons of Embryo Donation

In vitro fertilization has become far more common in recent years, which has given rise to a corresponding increase in embryo donations. The couples who choose IVF desperately want to have children, and many of them choose to donate their unused embryos to help others in the same predicament. Embryo donation remains fairly rare compared to adoption, but there are several reasons why prospective parents might find it an attractive option.

Embryo Donation Is Less Expensive Than Adoption

The adoption process can be grueling for prospective parents, and it can also be financially draining. The cost of adopting a child in the United States is usually between $15,000 and $40,000 when an agency is involved, and not all of this money is refunded if the adoption does not go through. Embryo donations often involve couples who know each other, so the only costs they face are fees charged by IVF clinics. Embryo donation agencies have started to appear, but the fees they charge are much lower than the costs of traditional adoption.

Embryo Donation Is Faster Than Adoption

The conventional adoption process can be particularly hard on couples that hope to adopt an infant. Couples wishing to adopt a newborn baby face a wait of at least two years, and couples who are open to adopting toddlers face waits almost as long. Thousands of embryos available for donation are being stored in IVF clinics all over the country, which means the wait times for prospective parents who choose this approach are usually measured in months rather than years.

Pregnancy and Childbirth

Most of the couples who pursue traditional adoptions would prefer to get pregnant and have a baby naturally if they could. Embryo donation allows couples to enjoy this life experience, and it also gives them a level of control over the pregnancy that they would not have in adoption. When a child is adopted, the new parents can never be completely sure that the birth mother acted responsibly when she was pregnant.

The Risks of Embryo Donation

Speed, affordability, and the chance to experience pregnancy can all make embryo donation an attractive alternative to adoption for couples who want children but cannot conceive, but there are also risks to consider. Not all pregnancies go smoothly, and there is no guarantee that an embryo donation will lead to a live birth. With an adoption, prospective parents can expect a healthy child to be waiting for them at the end of the process.

Donated Genetic Material

Couples may choose donated sperm or eggs as an alternative to embryo donation. Embryo donation may seem the more attractive option because the donated embryos will be healthy, but there will only be a limited number available. Donated sperm and eggs are easier to acquire, and they may also cost less than healthy embryos.

Legal Issues

The growing popularity of embryo donation has raised a few legal issues. Prospective parents in states like New Jersey where embryos are considered property should make sure that both parents consent to the donation, and the enforceability of embryo donation contracts is far from certain in some parts of the country. If you have questions about any of these issues, a New Jersey adoption lawyer may provide you with guidance.

Helping Couples Who Want Children

The experienced family law attorneys at Cofsy & Zeidman have helped hundreds of couples to experience the joy of welcoming children into their homes. If you are thinking about embryo donation but have some questions, you should speak with one of our New Jersey adoption lawyers with experience in this area. To schedule a free consultation, you can either call our main Haddonfield office at (856) 429-5005 or use our online form. We also have offices in Woodbury and Philadelphia.

How A SCOTUS Ruling May Affect Native American Adoptions

SCOTUS Expected to Rule on Native American Adoptions

A lawsuit that has reached the U.S. Supreme Court may change the law surrounding the ability for people to adopt Native American children. In the U.S., upwards of 135,000 children are adopted every year. If you’d like to file for an adoption, our New Jersey adoption attorney can help protect your legal rights and understand what the adoption process entails.

The Indian Child Welfare Act and the Lawsuit Against It

In early November, the Supreme Court heard arguments in Haaland v. Brackeen, which is a series of cases that aim to have the Indian Child Welfare Act overturned. This law was officially enacted in 1978 and was designed to reduce the number of Native children who were being separated from family members. The law also provides tribal nations with a say in any child welfare case that involves a child associated with a federally recognized tribe.

Currently, this law has placement preferences that provide the child’s extended family with priority when it comes to adoption. The child’s tribe and other Native families also have priority over non-Native individuals. This case was brought forth by a white couple living in Texas who had difficulties adopting a child from the Navajo tribe that they were previously fostering.

Along with other foster parents throughout Texas, the couple states that the Indian Child Welfare Act puts them in last place to adopt Native children, which they believe is a form of racial discrimination. Before the Indian Child Welfare Act was enacted, thousands of children ended up being removed from their homes to go to boarding schools in an attempt to make them become more accustomed to white American society. In this situation, these children were unable to maintain their culture and speak the languages that their tribes spoke.

This problem was further exacerbated when the federal government created the Indian Adoption Project, which centered around placing Native children in white homes. Because of the almost immediate erosion of culture and language within the Native communities, Congress made the decision to pass the Indian Child Welfare Act to make sure that Native children were able to keep their connections to their communities.

What Opponents of the Law Say

Opponents of this law are mainly conservative organizations like the Goldwater Institute. They argue that this law imposes standards that make it much more difficult for Native children to get into stable homes with people who will love them.

At the moment, there are a large number of Native children in foster care, which critics of the aforementioned law believe is the result of there not being enough Native homes to place these children in.

While many Native children are placed in foster care, this arrangement is meant to be a temporary one. The primary goal of this process is to eventually have the child reunite with their parent or find a home that best suits them. Keep in mind that the Indian Child Welfare Act contains some exceptions for the permanent placement of Native children.

The proponents of this law state that the guidelines mentioned in the Indian Child Welfare Act are just preferences that still provide non-Native families with the means to adopt Native children. In most cases, the judge overseeing the adoption process has discretion over what the result of the case is. Some of the plaintiffs also state that this law is racist since it gives preference to Native relatives and Native families as opposed to non-Native individuals.

How Tribal Nations Have Responded

Representatives of many tribal nations state that the Indian Child Welfare Act is necessary to protect their future and the future of their government. In the event that the Supreme Court rules that Native American tribes are racial groups as opposed to political entities, the law would be considered unconstitutional. Tribal nations fear that the legal standing for their tribal sovereignty would then be in question.

The plaintiffs have also argued that the U.S. Congress overreached when they created the Indian Child Welfare Act, which tribal nations believe could make it easier for Title 25 of the U.S. Code to be disputed. Title 25 is a portion of the law that centers around Native Indians and tribes.

If you’re thinking about adoptiion, having an experienced attorney by your side should simplify the process and help you navigate any hurdles that arise. Call our New Jersey adoption attorney today at (856) 429-5005 to schedule an appointment at our Haddonfield office.

Telling Your Child That They Were Adopted

How to Tell Your Child That They Were Adopted

When your child asks where they came from, it’s important to be honest with them about their adoption. Here are a few tips on how to have that conversation.

The Importance of an Honest Conversation

Early disclosure about your child’s adoption is essential for their sense of self-esteem. It shows your child that their caregivers are trustworthy and can be counted on to give them accurate information, which helps to foster a strong attachment bond.

This will serve them well as they navigate their way through the challenges and transitions of adolescence and adulthood. When children are raised to believe that they can trust their caregivers, they will be more trustworthy and receptive to other people, which will set them up for success in all areas of their lives.

In contrast, when adoptees learn the truth in late childhood, adolescence, or adulthood, they often feel an overwhelming sense of betrayal. The adoption itself is not what hurts; it’s the sense that their parents were not honest with them about their origin and identity. This can be a trauma that takes a lifetime to heal.

When to Start Talking to Your Child About Their Adoption

To avoid the potential for this type of trauma, it’s best to start talking about your child’s adoption as early as possible. This applies even if you adopted your child as an infant.

In many cases, there is no need to sit down for a formal “talk.” You can simply integrate information about their adoption into your everyday conversations. For example, you can begin by simply using the word “adoption” in a sentence when you’re talking about your family.

You can also read books about adoption with your child. There are many great children’s books that explain the concept of adoption in a way that is developmentally appropriate. This can help to normalize the experience for your child and give them a starting point for asking questions.

Once your child is old enough to understand the concept, you can have more in-depth conversations about their adoption, allowing your child to set the pace. You can share with them as much or as little information as you feel comfortable with. It’s important to be honest and open but also to respect your child’s need for privacy and space to process this information. If they have any legal concerns about their adoption, you can also help them work with a New Jersey adoption lawyer.

How to Tell Your Child That They Were Adopted

If you have not talked about your child’s adoption with them before, it’s never too late to start. When you’re ready to have the conversation, sit down with your child and explain that you want to talk about how they came into your family. Avoid immediately jumping into a discussion of their birth parents. Instead, focus on how much you love them and how grateful you are that they are part of your family.

There is no one “right” way to tell your child that they were adopted. The most important thing is to be honest and open. You can also tailor your approach to fit your child’s individual personality and needs.

Some adopted children prefer to receive all of the information about their adoption up front. Others prefer to gradually learn more over time. There is no wrong way to do this as long as you are respecting your child’s wishes.

What to Do if Your Child Is Struggling With Their Adoption

It’s normal for adoptees to experience a range of emotions about their adoption. These emotions can range from positive to negative and can change over time. Some common emotions that adopted children may feel include grief, loss, anger, shame, and guilt. It’s important to allow your child to express these emotions and validate their feelings.

If your child is struggling with their adoption, there are many resources available to help. You can talk to your child’s doctor or therapist or contact an adoption support group. You may also want to work with a New Jersey adoption lawyer if there are legal issues that need to be addressed. For example, if your child is over the age of 18, they may have the right to access their original birth certificate.

An experienced New Jersey adoption attorney can help you navigate these complicated legal issues and protect your family’s rights. Contact the Haddonfield office of Cofsy & Zeidman today at (856) 429-5005 to schedule a consultation. We’re here to help.

International Adoptions and the Hague Adoption Convention

How the Hague Adoption Convention Shapes Intercountry Adoptions

The United States welcomes more children through intercountry adoption each year than any other nation in the world. In fact, since 1999, more than 250,000 international adoptions have been finalized in the U.S. It can be a complicated process that requires representation of an attorney skilled in international adoptions, but the Hague Adoption Convention has formalized that process and gives the adopting parents peace of mind that the child is not exploited and has been protected.

Hague Adoption Convention

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption is an international agreement to formalize international adoptions and protect the children involved. This convention is often referred to as the Hague Adoption Convention for short and not just the Hague Convention as to differentiate it from the pre-War World I series of treaties that were the Hague Conventions of 1899 and 1907. The U.S. signed the Hague Adoption Convention in 1994.

How the Hague Convention Protects Children

The Convention requires that all participating countries establish a Central Authority. The Department of State serves as the U.S. Central Authority. These centralized authorities are in place to vet prospective adoptions and ensure that the child has not been abducted, sold or trafficked. An authority also ensures that a child is eligible for international adoption according to local laws and that the necessary measures have been taken to find a home for the child in its country of origin.

U.S. Convention Process

Not all adoption agencies are eligible to provide services related to an intercountry adoption in the U.S. An agency must either be accredited or approved on the federal level. This ensures the adopting parents that they are dealing with an Accrediting Entity or what is known as an Intercountry Adoption Accreditation and Maintenance Entity, Inc. or IAAME in the language of the convention. An Accrediting Entity is evaluated on an ongoing basis and is not in violation of any professional or ethical practices.

U.S. Intercountry Adoption Act of 2000

Adherence to the Hague Adoption Convention has been a complex and time-intensive endeavor for all participating countries. In the U.S., it was implemented through the Intercountry Adoption Act of 2000. The IAA, for instance, implemented the rules and regulations for accrediting entities. It also requires the Department of State to verify that each intercountry adoption completed in the U.S. is in accordance with convention regulations and then issue a certificate from the Secretary of State.

Universal Accreditation Act of 2012

The Intercountry Adoption Universal Accreditation Act of 2012 expanded federal regulation in the U.S. It specifically extended the oversight and ongoing monitoring of approved and accredited adoption services within the U.S. It also extended all safeguards defined by the convention to nonparticipating countries. This means that U.S. adoption agencies must oversee all international adoptions as convention adoptions, even if the child is from a country that did not agree to the convention.

Post Adoption

Adoptions in general are often complex. Intercountry adoptions can be even more so. Parents adopting in New Jersey are encouraged to hire a New Jersey adoption lawyer to help them navigate the process. Even after you receive the child’s Hague Adoption Certificate or Hague Custody Certificate from the U.S. Embassy or Consulate, there is still much to do. You must acquire U.S. citizenship for the child so that the child is not subject to deportation and will have access to all privileges with age, such college scholarships and the right to work and vote. Depending on the country of origin, you may also have post-adoption and post-placement reporting responsibilities.

Are You Considering an International Adoption?

If you are considering an international adoption and live in New Jersey or Pennsylvania, the Law Office of Cofsky & Zeidman, LLC, is here to help. New Jersey adoption lawyer Donald C. Cofsky has personally overseen more than 1,500 adoption cases since joining the bar in 1974. You can contact us online or reach our Haddonfield, NJ office at (856) 429-5005, our Woodbury, New Jersey office at (856) 845-2555 or our Philadelphia, Pennsylvania office at (215) 563-2150.

Adoption vs. Legal Guardianship: Which One Is Right for You?

How to Choose Between Adoption and Legal Guardianship

Each year, thousands of children end up with a primary caregiver who is not their biological parent. If you’re caring for a child who is not biologically yours, you have the choice of adopting them or seeking legal guardianship. To figure out whether legal guardianship or adoption will work better for your situation, you need to ask a few questions.

What Responsibilities Does Each Process Give You?

First of all, it can be helpful to consider what each process will mean for your daily life. Both adoptions and legal guardianships come with most of the same duties. You will need to ensure that the child is safe, healthy, happy, and well cared for. Both guardians and adoptive parents must provide a child with food, clothing, shelter, and age-appropriate care. Whether you are a guardian or adoptive parent, you will be able to make medical, financial, and educational decisions on the child’s behalf.

How Long Do You Want Your Responsibilities to Last?

A guardianship is usually a temporary situation. The guardian cares for the child while the parent can’t, but the guardianship is set up to end when the parent asks, after a certain amount of time, or when the child is 18. Though you might still have a parental relationship with the child once guardianship ends, you won’t automatically be considered the child’s family from a legal perspective. Meanwhile, once your New Jersey adoption attorney finalizes your adoption, you are the child’s parent for the rest of their life. This means that your care for your child can extend long past the age of 18. For example, if your adult child gets into an accident at college, their school would contact you as the child’s legal next of kin. To have the same level of involvement in an adult child’s life, a former guardian would need to fill out extra paperwork once the child turned 18.

Do You Want the Other Parents to Still Be Involved?

One of the main differences between guardianship and adoption is what happens to the child’s former parents. In an adoption, the court formally removes the previous parents’ rights and transfers them to you. Meanwhile, in a guardianship situation, the original parents still have their rights. Not only can they make decisions for the child, but they can potentially terminate the guardianship. All of this additional input can be great if you’re a grandparent caring for your grandchild while the parent is working overseas. However, if the biological parent doesn’t provide appropriate care to the child, you might want to seek adoption and ensure the previous parent cannot show up and disrupt the child’s life.

How Much Time Do You Have for Legal Matters?

Guardianships tend to be a much simpler process. You sign a few papers and are able to care for the child. Many guardians never have to go to court, and home studies aren’t usually required. Meanwhile, the adoption process tends to be lengthier. The simplest adoptions tend to be family adoptions where all parties consent, and even then, you usually have to fill out several documents and submit them for the court’s approval. If you adopt through the foster system or through a private adoption agency, things can take even longer. You may need to prepare your home for an inspection, petition the court to remove previous parents’ rights or take other steps to complete the process.

Ultimately, adoption tends to give you most of the same day-to-day responsibilities as a guardianship. However, adoption is more permanent and long-lasting. If you’re still not sure which process would work best for you, talk to a New Jersey adoption attorney. At Cofsky & Zeidman, we’re happy to go over your options and help you find the most effective solution for your family. To schedule a consultation at one of our convenient offices, contact us today. We can be reached by calling 856-429-5005 or by filling out and submitting our online form.

What Is the Difference Between Adoption and Surrogacy?

What to Know When Choosing Between Adoption and Surrogacy

Each year in the United States, about 135,000 children are adopted. Excluding step-parent adoptions, about 59% of adoptions are from the foster care system. Surrogacy is another way to add to your family, and each year, about 18,000 babies are born through this method.

Genetics

Some families choose surrogacy because of genetics. If one or both parents have a strong desire for their genetics to be passed on through a biological child, surrogacy provides this option. Prospective parents can have their eggs and sperm tested in order to find out whether or not their child will be affected by a genetic condition, such as Down syndrome. Eggs and sperm can be selected based on these criteria, and then, the fertilized egg can be implanted into the surrogate. With adoption, a mother may not be sure of who fathered her child. Even when the father is certain, natural pregnancy means that a child could have a genetic disorder through chance.

Types of Surrogacy and Adoption

With surrogacy, a woman can donate her eggs, and a man can donate his sperm. In a heterosexual couple, both of them can be the biological parents, and the surrogate is a gestational carrier. There’s also an option for the surrogate to be artificially inseminated by the male’s sperm. Alternatively, a sperm donor can be used for fertilizing the woman’s egg before it’s implanted into the surrogate mother. With adoption, the process can be open or closed, so you may or may not know the child’s parentage.

Costs

Both adoption and surrogacy can be expensive. Surrogacy tends to be the costlier of the two choices. In most cases, the biological parents will enter into a legal agreement to pay for the surrogate’s prenatal care, labor and delivery costs, postpartum costs and pregnancy-related expenses, such as the purchase of maternity clothing. Surrogates also typically receive a base payment in addition to the pregnancy, labor and delivery-related expenses.

In many cases, adoption agencies or agents will charge a fee for their services, as will an attorney. Prospective parents may also need to pay fees for social workers, home inspectors and psychological evaluations of their fitness to become adoptive parents. A New Jersey adoption attorney can help you understand the costs of both surrogacy and adoption.

Control

Surrogacy provides prospective parents with more control over the growth of their family. Although there is no guarantee that implantation of the fertilized egg will lead to a full-term pregnancy and birth of a child, the prospective parents can choose the hospital where the baby will be born, and they know they will be taking the baby home once the child is discharged by the doctor.

With adoption, prospective parents have less control. An adoptive mother can change her mind at any time. She may not go to prenatal care appointments. If she’s not invested in the pregnancy, she may not follow medical guidelines for taking care of herself or her growing child.

Wait Time

The adoption process may take years. Prospective parents may find a biological mother or be matched to a mother only to have her change her mind once the baby is born, and the whole process must start over again. Prospective parents may not be selected by the biological mother for a variety of reasons. In some cases, the biological father may initiate court proceedings to obtain custody of the child, and the hopeful adoptive parents have no recourse.

With surrogacy, once the surrogate signs the legal paperwork, the process of implanting a fertilized egg may start. Once the surrogate is determined to be pregnant, the prospective parents will have a clear timeline as to when the baby will be born.

For more information, contact our Haddonfield office at (856) 429-5005. You may also fill out our online contact form, and one of our office associates will reach out to you to schedule a consultation with our New Jersey adoption attorney.

Is It Better to Adopt a Child Older or Younger Than Your Current Ones?

Do Children Prefer Older or Younger Adoptive Siblings?

One common reason that people adopt is because they want their current child to have another sibling. While this is certainly admirable, it can be tough to ensure that all your children get along with each other. Carefully considering the adoptive child’s age can help, but there are a few things to know before you decide.

Adopting an Infant Is Not Always the Easiest Choice

Many parents think that an infant adoption will be the most convenient choice because it mimics normal birth order. It is true that adopting a baby allows older siblings to have the typical experience of parents bringing home a new baby brother or sister. However, an infant takes up a lot of your time. You will need to provide round-the-clock care and sacrifice sleep time to ensure that the baby’s needs are met. In any family, this can be a tough time where older siblings feel like they’re being neglected. If your current children are already feeling sensitive about the subject of adoption, a new sibling who will be attached to their parents 24/7 can worsen insecurities.

Adopting Older Children May Come With Potential Issues

There can be many benefits to adopting a child older than your other children. However, parents also need to be realistic when adopting an older child. The unfortunate reality is that many children who are adopted at an older age have experienced a lot of trauma. This doesn’t necessarily mean that they’ll struggle to fit into the family and bond with their other siblings. However, it can impact their ability to relate to other children. You always need to approach the experience thoughtfully and closely consider how any past trauma may impact children’s interactions.

Age Doesn’t Tell You Everything About a Child’s Behavior

Keep in mind that there is no specific guarantee that a child of a certain age will act a certain way. Every child grows at a different rate and has different strengths. Even one who seems very mature in certain areas can have other areas where they struggle. It’s important to be flexible when adopting. Instead of telling your New Jersey adoption lawyer that you only want to adopt a specific age, try to take the time to get to know children of multiple ages. This can help you find the individual who’s right for your family instead of just picking someone who meets strict criteria about ages.

It’s Important to Take Your Children’s Personalities Into Account

Of course, not all children will have the same reaction to other children. Some kids might want a little sibling who they can care for and teach new things while others might want someone their own age to be a playmate. If you are considering adoption, it’s worthwhile to sit down and talk with your children about what age to adopt. You should also pay attention to the things that you’ve noticed about your current children. For example, a child who wants a lot of attention might prefer an older sibling. Taking everyone’s personalities into account can often have the best outcome for everyone.

Remember That It Takes Time to Adjust

In any family, the time immediately following the adoption can be difficult. Parents might be baffled to learn that their child who begged for a little sister is suddenly resentful of their new sibling’s childish behavior. In these cases, it’s easy to assume that you might’ve selected the wrong age. However, the reality is that there’s no foolproof combination of ages. It will always take time for everyone to get used to their new role in the family. Try not to get disappointed or frustrated if any of your children act out a little. It’s perfectly normal for everyone to need time to adjust. As each child matures and everyone bonds, things are likely to settle down.

Contact Us

For more help with adoption, turn to Cofsky & Zeidman. We provide compassionate adoption assistance in Haddonfield and the surrounding areas. Call 856-429-5005 or fill out our contact form to learn more about our New Jersey adoption lawyer services.

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