Archives for May 2021

The Evolution of Same-Sex Adoption in America

It is well-established that children can have happy lives with both heterosexual and same-sex parents, so we are discovering that suitable homes for kids include many different types of combinations. The fact is that same-sex couples are more likely to have adopted children in their homes than heterosexual couples. In 2019, same-sex couples were four times more likely to adopt children than heterosexual couples.

Same-Sex Adoption in the U.S.A.

Same-sex couples are now allowed to adopt in every state as well as in the District of Columbia. This, however, does not mean that same-sex couples do not have some challenges when it comes to this issue. Many faith-based groups are in charge of adoptions, and some have decided to limit their adoptions to heterosexual couples. It is also important to note that these groups may also refuse to allow single men and women to adopt. However, in Michigan, faith-based groups can no longer refuse to let same-sex couples to adopt children.

Each state is allowed to create its own rules as far as this issue is concerned, so some states had let adoption organizations refuse to allow unmarried couples to adopt. Now, same-sex couples are free to adopt throughout the country. Since the Supreme Court ruled that same-sex couples have the right to marry in every one of the 50 states plus the District of Columbia, many groups are now willing to support same-sex couples in their adoption efforts.

The License to Discriminate

The picture is not entirely rosy. After the 2015 Supreme Court same-sex marriage decision in Obergefell v. Hodges, some states enacted laws that give private adoption agencies the ability to refuse to allow same-sex couples to adopt. However, you can avoid these organizations and find an LGBTQ-friendly agency that will support you in your desire to adopt.

The process would be exactly the same for you as it would be for a heterosexual couple, but once it has been completed, adoption can bring you an immense amount of joy. Even so, you must also remember that you are going to run into challenges along the way.

Things to Consider Before Adopting

If you decide that you would like to adopt internationally, you must be aware that some countries do not allow same-sex couples to adopt children. The fact is that it will be easier for you to adopt in the United States, but it is possible to do an international adoption if this is something that you really want. Just be sure to work with a New Jersey adoption attorney throughout the process.

Development of the Children

Some people performed research that showed that if same-sex couples were allowed to raise children, it would be detrimental to the kids. A close look at these studies shows that they were done by people interested in limiting adoption to heterosexual couples. In addition to that, the results that these studies came to often contradicted each other. For example, if the study demonstrated that same-sex couples cannot raise children properly, the study was usually done by a political or religious institution with an agenda. In contrast, if the study showed that same-sex couples do not harm their children in any way, it was done by a group sympathetic to same-sex rights.

When they considered the sexual orientation of the children, the studies found that children with same-sex parents and those with opposite-sex parents both developed their gender identities and sexual orientations in a similar manner.

Discrimination

At the current time, same-sex couples and their children are enjoying more visibility and acceptance, but the difficulties are not over. You may be subjected to discrimination and prejudice from some of the people in your community. You must be prepared to address the comments that your children will hear so that you can help them respond positively in negative situations.

The time has never been better for same-sex couples to adopt children. If you would like to explore this possibility, a New Jersey adoption attorney will be instrumental in helping you make this dream come true. Call our Haddonfield, New Jersey office at (856) 429-5005.

How COVID Has Changed Family Leave Guidelines

Each year, roughly 20 million people in the United States take time off from work through the Family and Medical Leave Act (FMLA). The guidelines that have been promulgated under this federal law are designed to help ensure that you can take off work to prepare, for example, for a new addition to your family, and during COVID, they have undergone some changes. Learning about these new rules may provide some advantages to you and your family.

Does the FMLA Apply to You?

The FMLA requires employers to give employees time off for a variety of reasons, including childbirth, ill family members, or certain qualifying family emergencies. Many families use FMLA leave to take some time off for childbirth, and it can also be used to take time off for adoption. This gives you valuable time to bond with your new family member, meet with your New Jersey adoption lawyer, and recover from stress or medical problems. When using the FMLA for adoption, you can take time off before the official adoption if you need to travel or be absent from work while preparing for the adoption.

Keep in mind that small businesses and part-time employers are usually exempt from FMLA rules. The laws will apply to any private company that has at least 50 workers or any government agency regardless of the number of employees. To qualify, you must be someone who has worked with the business for at least 12 months and has worked at least 1,250 hours during the 12 months before your leave.

COVID Relief Package Allows for Paid Time Off for Adoption


The FMLA is a government law that requires most businesses to let employees take time off for medical care or the addition of a new child. This act originally just guaranteed that employees could take up to 12 weeks off without being fired because of their absence. Though it did not initially require employers to pay these employees, COVID changed many things. The Families First Coronavirus Response Act (FFCRA) mandated that employers pay employees who use FMLA leave.

The new guidelines had employers pay up to 80 hours of sick or family leave at the employee’s regular pay rate. Then, parents could get paid at two-thirds of their usual rate for an additional 10 weeks of FMLA COVID leave. Employers who provided this paid time off could get all sorts of helpful tax credits. Ultimately, many new parents were able to get paid FMLA leave while dealing with adoption.

Employers Still Have an Incentive to Pay for Time Off After Guidelines End

This paid family leave technically expired on Dec. 31, 2020. However, new laws have extended this deadline. Your employer is not required to pay you during your 12 weeks of family leave, but they get benefits for doing so. Through Sept. 30, 2021, businesses get tax credits for paying employees who use FMLA leave. This means that companies can offer paid parental leave without having any financial downside.

The September deadline also applies to the COBRA health insurance law. This new act states that employees can continue using their workplace health insurance after leaving their job. Until Sept. 30, the COBRA stimulus will provide tax credits for employers in exchange for continuing health insurance for employees who leave the company. This extra assistance can be very helpful for families struggling with medical issues.

When you are in the middle of adopting a child, taking time off from work is just one of the many things that you will have to deal with. Cofsky & Zeidman can make things a lot easier for you. Our New Jersey adoption lawyer team is here to help you navigate all the complex regulations and paperwork associated with an adoption. With offices in Haddonfield, Woodbury, and Philadelphia, we serve New Jersey and Pennsylvania. Call 856-429-5005 or email us to schedule your consultation now.