Archives for September 2021

Know the Differences Between Legal Guardianship and Adoption?

Legal Guardianship and Adoption Are Different

Did you know that about 135,000 children are adopted in the United States each year? Legal guardianship and adoption are very different, one being temporary and the other being permanent. Many people confuse these two arrangements since they do have some similarities. As a New Jersey adoption attorney, we would like to explain the difference.

Legal Guardianship

This is a temporary care living arrangement for the child. It may be that a parent chooses to have a legal guardian for their child because they cannot provide the necessities at the time. However, they may be able to do so in the future. Parents retain all legal rights to that child.

 

Legal guardianship can take place until children are 18 years old. The parents may terminate the agreement at any time before that and reclaim custody. Parents can pass along an inheritance to that child, while a guardian must make a special provision when they write their will.

 

The parents’ legal rights have not been terminated. They may still play a role in the lives of their children. They may also be responsible for providing child support. In some cases, this temporary arrangement may be with a close friend or family member who knows the parents and the child.

Adoption

Parents choose to adopt a child, knowing that the legal rights of the biological parents are terminated as the child is placed into the adoptive home. In this case, an adult becomes the permanent, legal parent of a child. It is not a temporary arrangement such as legal guardianship; it is permanent. Biological parents cannot reclaim the rights to their children. Adoption also terminates the financial responsibilities of the biological parents as well as visitation rights. However, visits may be possible with an open adoption agreement, and, in some cases, the child may maintain contact with their birth family.

 

The age of the child may have a bearing on the process of adoption. For example, an infant adoption may be different than the adoption of an older child. In an infant adoption, the prospective birth mother and the adoptive parents may all be involved, necessitating a different time frame.

How Legal Guardianship and Adoption Are Similar

Although the legal ramifications are different, both forms provide a stable relationship for a child. Although the child is not biologically theirs, they will have the responsibility for emotional support and the basic necessities. Responsible for a proper education, adoptive parents and guardians also have rights to consent to medical treatment for the child.

 

Both forms of parenting, legal guardianship, and adoption, are legal arrangements to ensure that the basic needs of a child are met. Also included in this are love and support as well as their care and feeding and more.

Which Situation May Be Right for You As the Parent?

The biological parent of the child will ultimately make the decision. They might ask themselves if they can provide the proper support in the near future as well as the following questions:

 

  • Do you want future communication with your child?
  • Can you provide financial support while they are with a legal guardian?
  • Are you ready to have your child with someone they know is not their parent?

 

Reaching out to a New Jersey adoption attorney may help clarify which is the best situation. Although the decision is always up to the parent, each situation is unique, and the roles of legal guardianship and adoption are different. There may be subtle differences in each of the adoption and legal guardianship processes.

 

We are your local New Jersey adoption attorney. Donald C. Cofsky’s practice is here for your adoption needs. With experience in both adoption and assisted reproduction, we are here to serve you. Whether you live in New Jersey or Pennsylvania, you’ll find Cofsy & Zeidman offices in both states. You can contact us online or (856) 429-5005 in Haddonfield, New Jersey, at (856) 845-2555 in Woodbury, New Jersey, or in Philadelphia, Pennsylvania, at (215) 563-2150.

The Birth Mother Changed Her Mind About Adoption: Now What?

What if the Birth Mother Wants to Keep the Baby?

Only about 6% of birth mothers change their minds about adoption. However, if the birth mother does suddenly decide she wants to keep the child and there is a contested adoption, the adoptive parents should immediately retain a New Jersey adoption lawyer. It is fair to wonder what might happen after the birth mother changes her mind once the adoption is complete.

How Can the Birth Mother’s Rights End?

If a birth mother chooses to give up her child for adoption, the easiest way to do it is to surrender the child to an adoption agency. Once this happens, within three days, barring any exceptions, her parental rights to the child will end.

 

Adoption agencies are required to do certain things for the birth mother or birth parents if both are involved in the surrender. Before the child is given up to subsequently be adopted by adoptive parents, the agency is required to ensure that the birth mother undergoes at least three counseling sessions with a qualified social worker. The goal is to make sure that the birth mother is both mentally and emotionally prepared to give up custody of the child to the adoptive parents.

 

The agency must also make sure both natural parents sign a statement that says they attended counseling sessions and that they understand what was said in the statement. In some cases, they might refuse counseling but must still sign a statement.

 

Additionally, the agency is required to have the biological parents sign a statement that says that it went over all of the provisions of the adoption and advise them on how to get more information from the Department of Health.

What Happens if a Birth Mother Changes Her Mind?

If the birth mother changes her mind, the court must review the matter and make a decision based on certain factors. If the adoption agency committed fraud, misrepresentation, or put the birth mother under duress, the surrender of the child could be legally reversed, giving her the child back. However, if the adoption was done legally and the agency did everything in the legal, proper way, then the adoptive parents would keep the child.

 

Regardless of the laws being on the side of the adoptive parents in that regard, it is still wise to retain an experienced New Jersey adoption lawyer if the adoption is being contested.

 

The court will also always take into consideration what’s in the best interest of the child. If the birth mother suddenly decides months after the adoption was finalized that she wants the child back, the court will consider the psychological effects on the child if they were suddenly taken away from the only family they have ever known. A legal adoption will typically not be nullified in this situation.

Exceptions to the Rule

Of course, there may be exceptions to the rule when it comes to reversing an adoption decision. In addition to fraud on the part of the adoption agency, this might happen when there’s a problem with the adoptive parents such as serious health issues or disabilities that prevent them from raising the child and properly providing for them. However, if the child has certain unexpected needs that are impossible for the parents to meet, the adoption might be nullified.

 

These are extreme situations, as in most cases, the adoptive parents will get to keep the child. It is important to know what your rights and options are as the adoptive parents when the birth mother suddenly changes her mind. Knowing the facts will help you to see whether the law is on your side in such a scenario.

 

If you are looking to adopt in New Jersey and need an attorney to help you, contact Donald Cofsky at Cofsky & Zeidman today by calling (856) 429-5005. We will be glad to answer any questions you may have and walk you through your options.

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