Archives for May 2020

COVID-19’s Effects on Adoptions

The Effects of COVID-19 on the Adoption Process

Every year, 135,000 children are adopted in the U.S. However, COVID-19 is changing the way that parents can adopt and presenting logistical hurdles for the time being. Here are some ways that coronavirus is putting obstacles in the way of the adoption process.

Parents May Not Have In-Person Visits

One of the most important parts of the adoption process is the in-person visit. If parents are adopting a child, they may not even be able to meet the child before the adoption. Usually, the parents will have at least one in-person meeting with the child after they are matched but before the adoption is official.

However, there are both stay-at-home orders as well as travel restrictions in place that can prevent an in-person meeting. If the adopted child lives far away, it may be difficult to get to see them. However, this does not mean that the process is frozen so long as we are dealing with COVID-19. Parents can still meet a child virtually. Even though it is not the same experience, it is something that the adoptive parents can do to begin to form a connection with the child.

Virtual Relationships With the Birth Mother

Adoptive parents now also face obstacles in forming a relationship with the birth parent of the child. During COVID-19, they must get to know each other virtually. Many adoptive parents had been able to go to the hospital for the baby’s birth if they were adopting a newborn. However, this is not always possible now that hospitals are restricting visitors who are allowed.

Many times, adoptive parents will attend a doctor’s appointment with the birth mother before the child is born. Now, most doctors have restrictions on guests attending appointments. It appears that there will be limitations for the duration of the COVID-19 pandemic.

Now, adoptive parents will need to use Zoom and phone calls in order to form a relationship with the birth mother. It does present some hurdles, but with some diligence, it is possible to achieve. It is very important to form this relationship if it is at all possible.

Domestic Adoptions Are Slowed

Since the courts are part of the adoption process, it follows that anything that involves the judicial branch may slow an adoption that is already underway. While courthouses are not completely closed, the lack of staff means that courts are simply not dealing with matters that are not an emergency right now.

In other words, even if the parents are able to reach the baby, the judicial approval that they need may take some time to receive at this point. Even if you are working with an adoption agency, at some point, there will need to be a court hearing to legally approve the adoption. You will have to file a petition with the court and hold a special adoption hearing.

An adoption hearing is not considered to be an essential or emergency hearing that requires the immediate attention of the court. As such, there may be delays in the process. In many cases, this is a hearing in which the judge will want to assess the prospective adoptive parents in person.

There are no assurances that you may even get a prompt hearing after the COVID-19 crisis recedes and the courthouses reopen. The judges expect to have a long backlog of cases that piled up when their courtrooms were closed. Where they end up placing adoption cases in their queue remains to be seen. Just because a courthouse is reopening does not mean that you and your PA adoption lawyer will be able to get the next available date on the judge’s calendar.

Of course, the hearing dates must also be squared with any travel arrangements that you must make to reach the child. Travel will also continue to remain difficult as a result of COVID-19.

If you have questions about your adoption process and how COVID-19 will impact it, contact a PA adoption lawyer at Cofsky & Zeidman by calling (215) 563-2150 today to set up a consultation in Philadelphia and learn more.

Deciding Whether Adopting Through Foster Care Is Right for You

Should You Adopt Through Foster Care?

Roughly 59% of all non-stepparent adoptions in the United States each year are adoptions that happen through the foster care system. Though this style of adoption is extremely common, many prospective parents are not aware of it. Understanding the pros and cons of adopting through the foster system can help you make the right choices for your family.

The Foster Care Adoption Timeline

Of course, one main difference between foster care adoption and private adoption is the timeline itself. When adopting privately, you meet with an adoption specialist, get approved by the agency, wait for a baby to become available, and then finalize the adoption. On average, this takes between eight to 15 months.

When adopting through foster care, you start by going through background checks and home studies to be approved as a foster parent. You can choose to be approved for adoption at the same time, or you can go ahead and start fostering while waiting on adoption approval. Once you are fostering a child you wish to adopt, you can file for adoption, wait six months, and then finalize the adoption. Things can move very quickly if you are properly licensed before starting the process.

Costs Associated With Foster Care Adoption

An unfortunate reality is that many people who would be excellent parents avoid adoption because of concerns about cost. It is true that private forms of adoption can be prohibitively expensive, costing somewhere between $25,000 to $50,000. However, adopting from foster care is actually very affordable.

The foster care adoption price in New Jersey is just somewhere between $0 to $1,500 for various classes and home studies. This makes foster care adoption an ideal choice for parents who can afford the day-to-day expenses of having a child but do not have tens of thousands of dollars saved up.

The Types of Children Available for Adoption in Foster Care

About 70% of the children waiting to be adopted from foster care are ages 11 or younger. Many people who adopt from foster care end up adopting infants right from the hospital. However, the median age of children in foster care who get adopted is 8 years old.

All children in the foster care system are there because they have had a difficult home life. Though most are not juvenile delinquents or children with a mental illness, prospective parents do need to be prepared for some challenges. Since you get to live with the child before adopting them, this gives you time to bond and gain experience parenting before you adopt.

Interacting With Biological Parents During Foster Care Adoption

A big difference in foster care adoption vs. private adoption is that biological parents may still wish to be involved on a regular basis. Unlike private adoption, not all biological parents have willingly given up their rights to the child. Instead, a child is made available for adoption through the foster care system after the state determines the child is no longer safe with their biological family.

This does not mean you have to go to court with your New Jersey adoption attorney and argue with the biological parents. Instead, the state will typically handle terminating the biological parents’ rights for you. If you want to adopt, the state will work to only place foster children with you from cases where parental rights are likely to be terminated.

Get Support From Experienced Professionals

As you can see, adopting from foster care can be an excellent way to reduce costs and give a home to a child who truly needs your love and care. However, there are a few additional steps, so it can be useful to have a New Jersey adoption attorney on your side who is familiar with the laws. At Cofsky & Zeidman, our team has years of experience handling adoption law cases. Give us a call at (856) 429-5005 to schedule your consultation at our office in Haddonfield. You can reach our office in Woodbury at (856) 845-2555.

NJ Makes Second Parent Adoptions in Assisted Reproduction Matters Much Easier

Couples have often used assisted reproduction technology methods to create their families. Even though both names appear on the birth certificate, one or both of them may not be genetically related to the child. While this is not a problem in New Jersey, Pennsylvania, and some other states, it may raise an issue because a birth certificate is not proof in and of itself of parentage.

In order to have parentage recognized throughout the country, either a Judgment of Parentage or Judgment of Adoption is required. For those couples who do not have a judgment of parentage such as through the New Jersey Gestational Carrier Agreement Act, New Jersey has just made it easier to obtain a Judgment of Adoption by eliminating much of the “red tape.” Fingerprint and child abuse clearances will no longer be necessary. The entire process has been streamlined, and a court appearance will no longer be required. Not only does this make it easier and faster, but it also reduces the cost.

This will make sure that the parent/child relationship is recognized throughout the country.

Getting Legal Assistance During the Process

If you help with second parent adoptions or are considering it, contact the New Jersey adoption lawyer at Cofsky & Zeidman in Haddonfield at (856) 429-5005 or in Woodbury at (856) 845-2555 today to find out how we can help you.

What to Consider When Planning a Stepparent Adoption

What Are Some Considerations for Stepparent Adoptions?

It’s not uncommon for a child to be adopted by a stepparent. In fact, this occurs in roughly 5% of stepfamilies, and many more would like for this to happen. Since stepparent adoption is not always easy to accomplish, interested parties should fully understand the process.

Stepparent Adoptions May Be Quicker

In most cases, a stepparent is already heavily involved in the child’s life. Thus, there is less vetting that needs to occur before the court would approve the adoption. It’s not the same as a situation in which strangers are entering a child’s life for the first time. That means the family can skip several steps and get through the process much faster than with other types of adoptions. There may be some checks required, but the normal exhaustive background checks and home studies can either be truncated or skipped in many cases.

Parental Consent Is Generally a Requirement

Usually, the biological parent who would be replaced by the stepparent must consent to the adoption. This permission is often difficult to get if the parent is still around. Many biological parents are understandably not receptive to being replaced.

In most cases, when the biological parent is involved in the child’s life, stepparent adoption will be a rare occurrence. Parents do not like to give up their parental rights and will not freely consent to it. Thus, stepparent consent is not a common occurrence in the regular shared custody scenario. It is simply not possible to have stepparent adoption when the other parent is still in the picture because the law does not allow the child to have three legal parents.

There are some cases in which a biological parent would freely give up their parental rights. If there is stepparent adoption, then the biological parent is relieved of their legal obligation to pay child support. Some parents who no longer want to pay child support and have only a loose connection to the child might consent to an adoption. Of course, in certain limited circumstances, the biological parent may recognize that the stepparent is in a better position to be the legal parent.

Common Circumstances for Stepparent Adoption

The most common scenario that will support a stepparent adoption is when the biological parent is completely out of a child’s life. In these cases, the child has no contact whatsoever with their parent. This is considered abandonment. The combination of no contact with the child for an extended period plus not paying child support can lead to this finding. Note that the failure to pay child support alone is not reason enough for stepparent adoption. Financial issues and parental rights are two different considerations.

In addition, stepparent adoption is generally supported when the biological parent is found unfit. Neglect and abuse are two common behaviors that can persuade a court to take away parental rights. Furthermore, if a parent is incarcerated, this may be grounds for stepparent adoption. For the most part, an adoption is much more likely if the biological parent has been absent for a long period of time.

Courts will take a parent’s rights seriously. They will not disturb them under the usual circumstances. It will take an extraordinary showing to allow a stepparent to move into the role of a parent. Thus, there will likely be an uphill battle for a New Jersey adoption lawyer unless any of the circumstances mentioned above apply.

Notwithstanding the above considerations, the court will usually look at stepparent adoptions with its standard best interests of the child test. Even if the child prefers that their stepparent becomes their legal parent, it does not automatically mean that the court will respect this preference. Instead, the court will look at the totality of the factors to reach the decision.

Getting Legal Assistance During the Process

If you wish to explore the option of stepparent adoption, contact the New Jersey adoption lawyer at Cofsky & Zeidman in Haddonfield at (856) 429-5005 or in Woodbury at (856) 845-2555 today to find out how we can help you.

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