Archives for December 2021

Avoid Adoption Scams

Always make sure to work with a reputable licensed adoption agency and a reputable attorney who specializes in adoptions, such as those who are Fellows of the Academy of Adoption and Assisted Reproduction Attorneys.

Unethical adoption service providers can take advantage of an emotionally charged process to deceive and defraud prospective adoptive parents or birth parents considering adoption. Learn what to look out for, how to protect yourself and your family, and what to do if you think you may be a victim.

Common Adoption Schemes

  • Double matching occurs when a birth mother’s baby is matched to more than one prospective adoptive parent.
  • Fabricated matching occurs when prospective adoptive parents are matched to a fictitious birth mother, a birth mother who is not pregnant, or a birth mother who is not genuinely interested in placing her baby for adoption.
  • Fee-related adoption schemes occur when adoption service providers require prospective adoptive parents to pay exorbitant fees up front or on a recurring bases but fail to provide services promised.

Real or Fake Adoptions - Avoid adoption scams

How to Protect Yourself from Adoption Scams

When choosing an adoption service provider, do your research.  Be aware of what fraudulent providers may do or ask you to do:

  • Misrepresent professional licenses or education
  • Make unsolicited contact to sign up birth mothers or prospective adoptive parents
  • Be difficult to reach via phone or email, despite multiple attempts
  • Unnecessarily control communications between adoption participants
  • Quote highly negotiable and inconsistent fees
  • Encourage prospective adoptive parents to pay expenses immediately to avoid losing out on opportunity to adopt
  • Demonstrate a pattern of requesting additional unexpected fees throughout the process

Make guarantees about the adoption process, such as:

  • Matching within a specified time-frame
  • Birth parents’ willingness to adopt
  • How quickly and easily the adoption will be legally finalized
  • Know other red flags to look out for during the adoption process.
  • Lack of proof of pregnancy or proof of inadequate details, like missing dates
  • History of failed adoptions due to unusual circumstances
  • Adoption participants pressured to sign documents they don’t fully understand
  • Adoption participants encouraged to falsify statements and documents to finalize the adoption

Additionally, birth parents should recognize signs of an exploitative situation, which may include:

  • Being coerced or manipulated into placing a child for adoption
  • Getting assigned prospective adoptive parents without being involved in the choice
  • Being pressured to follow through with an adoption or being told you will have to repay covered expenses if you change your mind

Again, always work with a reputable adoption professional.  If you believe that you are being targeted for and adoption fraud, you can contact the local authorities or FBI, either online or at its local office. To avoid adoption scams, speak with an attorney who specializes in adoptions.  Call Don Cofsky at  856-429-5005.  To schedule a consultation at one of our Pennsylvania or New Jersey offices, call 856-429-5005. You can also talk to our team by filling out our contact form.

What Should You Include in a Surrogacy Contract?

How to Write a Good Surrogacy Contract

In the past 20 years, the number of parents who use surrogates to expand their family has drastically increased. Though surrogacy is certainly becoming more popular, it’s still not a hassle-free process. If you want to avoid any problems later on, it is a good idea to include these items in your surrogacy contract.

A Clear Definition of What Type of Surrogacy You Are Using

Start your contract by making sure you know what type of surrogacy your family plans on using. Legally speaking, there is a difference between traditional surrogacy, where a woman donates an egg and carries the child to term, and gestational carrying, which involves a woman carrying to term a fetus that does not have her genetic material. Keep in mind that New Jersey surrogacy law does not acknowledge pre-birth surrogacy contracts in cases of traditional surrogacy. You can write a document to clarify things and express every party’s intentions, but it won’t be valid in court.

The Carrier’s Consent to Carry a Child and Surrender It After Birth

The surrogate contract is a way for your chosen gestational carrier to formally acknowledge the situation. They will need to sign clauses that state that they agree to attempt to carry and give birth to the child. To be a valid surrogacy contract, the carrier also needs to acknowledge that they will surrender custody of the child after birth. This is one of the most important provisions for your New Jersey adoption attorney to include in the whole document.

The Intended Parents’ Accepting of Responsibility for the Child

Another essential provision in any surrogate agreement is both intended parents stating that they will accept legal custody of the child after birth. Even intended parents who contributed genetic material to the child will need to be listed in this part of the document. Furthermore, the contract needs to say that you accept sole responsibility for the child. This allows your names to be put on the child’s birth certificate, and it absolves the gestational carrier of any duty to the child.

Descriptions of How Both Parties Will Handle Medical Care

The contract should acknowledge that the gestational carrier has the right to make their own medical decisions during the pregnancy. It’s a good idea for the contract to include a requirement for the surrogate to notify intended parents of her plans in writing. The contract should also discuss how the parents plan on paying the surrogate for her medical care. Things like insurance policies, doctor’s bills, or cash compensation should be discussed.

Whether the Intended Parents Will Pay for Living Expenses

Technically speaking, the only compensation that the intended parents have to make is for the surrogate’s lawyer and medical care. However, they are also allowed to pay for the surrogate’s living expenses during the surrogacy process. In most cases, gestational carriers will only agree to the process if they do get appropriate compensation. Make sure that your contract clearly lays out what expenses you will pay for and how often you will pay them. Some families provide a monthly allowance while others may want to reimburse the surrogate after the pregnancy.

The Timeline for the Surrogacy Process

In any surrogacy contract, more clarity is always a good thing. You should spell out all expectations and consider all potential problems. This can avoid conflicts or confusion later on. Start by discussing where and how the implantation process will occur. Clearly state how many times you will attempt the implantation process and what you will do if the process fails. You can also use the contract to describe whether or not you want to try again if the pregnancy results in a miscarriage or stillbirth. The contract can also help you discuss how long the surrogate has access after birth and whether she can contact the child later on.

A well-drafted surrogacy contract protects both the surrogate and the intended parents. At Cofsky & Zeidman, our New Jersey adoption attorney can help you write and file all necessary surrogate paperwork. To schedule a consultation at one of our Pennsylvania or New Jersey offices, call 856-429-5005. You can also talk to our team by filling out our contact form.

What It Takes to Adopt a Grandchild

Everything You Should Understand About Grandparent Adoption

While it’s common for grandparents to act as temporary caregivers for their grandchildren during a time when one or both parents may be unable to provide the necessary level of care, it may be better to formalize an adoption in certain situations. In 2015 alone, around 1,063 adoptions were finalized, many of which were grandparent adoptions. Before the adoption process begins, it’s important to know what your legal rights are in New Jersey.

When to Consider a Kinship Legal Guardianship

When you want to become a permanent caregiver of your grandchild, one option available to you is to become a kinship legal guardian, which is possible in the event that adoption is unlikely to be granted. Temporary caregivers have the ability to petition the court to obtain status as a kinship legal guardian, which makes it possible for birth parents to continue having certain legal rights. These legal rights include the responsibility to offer financial support and the right to occasionally visit the child.

Someone who obtains this form of guardianship will be the main person responsible for the child but will not be overseen by the Division of Child Protection and Permanency (DCP&P), which is a requirement for foster placements. Even though the DCP&P doesn’t oversee these guardianships, you could still be eligible for caregiver subsidies as well as similar types of assistance.

Look Into Temporary Foster Placement

One option to consider in accordance with the DCP&P is a temporary foster placement, which can either lead to a parent-child reunification or you being a permanent caregiver through adoption or guardianship. DCP&P will consider this option for grandparents who are able to provide the same level of care as standard foster parents while also providing the child with a safe environment.

The DCP&P believes that placing a child with someone they know and are close to can lessen the amount of trauma that typically occurs when being separated from a parent. It’s important to understand that the main goal for all of these options is to ensure that the child is able to adjust well to the situation on a long-term basis.

The process for temporary placement is similar to the adoption process but with a few less requirements. Along with a comprehensive home inspection, background checks will also be performed on any household member who’s at least 18 years old. You will need to obtain a license that allows you to act as a “resource parent” in New Jersey. While foster parents have certain legal rights, DCP&P supervision is still necessary.

Parental Rights to Consider During Grandparent Adoptions

When it comes to New Jersey adoption requirements, the law states that a child is only able to have two legal parents, which can make it difficult for a grandparent to adopt their grandchild. However, it’s possible for a third individual to gain rights as a legal guardian or foster parent in the event that they are taking care of the child in question.

Legal adoption of a child is only possible if the biological parents voluntarily relinquish the parental rights they have. The courts may also terminate these rights in certain situations. Parental rights can be terminated in New Jersey if a parent abuses or abandons their child. Child neglect or abuse can occur by abandoning a child, causing emotional or physical harm, not providing a proper level of care, sexually abusing a child, or using excessive amounts of physical punishment.

Once rights have been terminated, it’s possible for a grandparent to go through the adoption process. When the adoption has been properly finalized, the grandparent will gain all parental responsibilities and rights. As for the birth parents, they no longer have parental rights and can only visit the child if the adoptive parents agree.

How Our New Jersey Adoption Lawyer Can Help

During our many years in practice, our New Jersey adoption lawyer has represented over 1,500 families throughout the adoption process. The experience we have allows us to provide our clients with the representation they deserve. We can help you by streamlining the entire adoption process, which should reduce your stress levels and allow you to better understand what the process entails.

Our lawyer will assist you in gaining a more in-depth knowledge of your legal rights in regard to the adoption case you’re involved in. Keep in mind that we handle every type of adoption, which includes everything from international adoptions to grandparent adoptions.

If you would like to begin the adoption process and want to make sure that your interests are protected during the process, call our New Jersey adoption lawyer today at (856) 429-5005 or fill out our online form to get started.

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