Archives for March 2022

Paying the Birth Mother’s Medical Expenses During an Adoption

Your Guide to Pay the Mother’s Medical Expenses During Adoption

On average, most families pay around $40,000 for an infant adoption. Most of these payments go toward medical bills. Understanding what you are and are not required to pay for can help you create a mutually satisfactory adoption arrangement.

Are You Legally Required to Pay Medical Expenses?

Paying for medical expenses isn’t technically a legal requirement, but it is often necessary to finalize an adoption agreement. Since you cannot legally pay for a baby, paying for medical expenses is one of the few legal payments you can give a birth mother. Legally speaking, you do not have to pay medical expenses to adopt a baby. In some private adoptions, the birth mother may not require you to pay any expenses for her. However, a birth mother always has the right to request compensation before agreeing to let you adopt her child.

Essentially, it will all come down to the contract you create. If a birth mother agrees to let you adopt her baby without asking for medical expenses, you do not have to pay her anything. However, if paying the expenses was a condition of her agreeing to the adoption, then you will need to compensate her to finalize the arrangement.

Overall, most birth mothers will not choose you to adopt the baby unless you are willing to compensate them for medical arrangements. Though it is not a legal requirement, paying adoption medical fees is typically the fair thing to do. It provides essential care to the infant and ensures that the woman who helps you grow your family is not unduly burdened.

Types of Medical Expenses You Are Allowed to Pay

Keep in mind that birth mother expenses can be more than just the hospital bill for the delivery itself. Instead, medical expenses usually include a variety of health care costs throughout the entire pregnancy. You are also allowed to pay for expenses that occur following the birth. Some examples of common medical expenses that a birth mother might ask you to pay include:

  • All prenatal visits and checkups during the pregnancy
  • Costs associated with labor and delivery, potentially including ambulance costs
  • Imaging tests like ultrasounds
  • Prenatal vitamins or other medically recommended dietary supplements
  • Health care for any chronic conditions, like diabetes, that occur during the pregnancy
  • Counseling and mental care to address the challenges of being pregnant and giving up the child
  • Reconstructive surgery or therapy for medical issues following a difficult labor

How Should You Handle Payments for Medical Expenses?

When it comes to medical expenses, there is no specific rule for how you are supposed to pay them. When doing an agency adoption, medical expenses will often be bundled into a flat rate. This can be a simple way to pay for medical care, but be sure to closely question the agency about how their services are set up. If you want to make sure the birth mother is fully compensated, double-check the agency’s fee structure to make sure they are not charging the mother a fee to work with them.

If you are not paying through an agency, you have more options for payment. Some families may pay for an insurance policy for the birth mother, while others might give her a prepaid card to use for her medical bills. You also have the option of asking her for receipts and compensating her with a lump sum payment after the pregnancy is over. All of these options can work well for families as long as you make sure the arrangement is clear. It can be a good idea to have a New Jersey adoption attorney draft an official agreement with the birth mother that lays out all the terms for how she will be compensated. A concise legal contract helps to protect everyone’s finances.

If you are considering adoption, it is a good idea to consult with a New Jersey adoption attorney. The legal team at Cofsky & Zeidman can help you create an adoption arrangement that works for both you and the birth mother. We can assist you with everything from filing paperwork to sending payments. To learn more about our Haddonfield adoption services, call 856-429-5005 or send us a message today.

Is It Better to Adopt a Close Relative or Be the Legal Guardian?

How to Decide Between Adoption and Legal Guardianship

Roughly 8% of children in the U.S. live with family members who are not their biological parents. Though these familial arrangements can be a wonderful way of raising a child, they do come with some legal difficulties. If you are trying to decide between adoption or guardianship, here is what you need to know.

Adoption Is More Permanent

One of the big differences between adoption and guardianship is the length of commitment it entails. While many legal guardianships do continue until the child is 18, there is no guarantee the situation will last that long. Even if you are the legal guardian of a child, their legal parent still retains parental rights. They may be able to terminate the guardianship and regain custody of the child.

Meanwhile, if you become the adoptive parent of the child, all other parental rights are terminated. For all intents and purposes, you will be your young relative’s parent. No one can take the child without having to go through the lengthy process of proving you are an unfit parent in court. Furthermore, adoption lasts a lifetime. Unlike legal guardianship, you can still be the child’s next of kin, help them apply for financial aid, and perform other legal duties of a parent.

Legal Guardianships Are Often Simpler to Arrange

If you want to be the main caregiver for a young relative and act as a guardian, it is usually quite simple. All you have to do is fill out a few pieces of paperwork in court. Depending on the situation, the parent may be able to sign guardianship over to you, or you may just need to prove that the parent is unfit, and you can care for the child. In most cases, guardianship is something that can be set up in a day or two.

If you want to formally adopt a child, things get a little more complex. It is true that close relative adoptions, like grandparent adoptions, are simpler than traditional ones. However, it is still a multistep process. You’ll need to get the courts to terminate the parent’s rights and have your New Jersey adoption lawyer fill out paperwork to adopt the child. In many situations, the Department of Children and Families will also be involved. You may have to go through home studies and other steps to prove you are fit to adopt the child.

Legal Guardianship Has Different Custody and Child Support Rules

If you are a legal guardian, the child’s biological parent still has a lot of responsibility and rights. The court may order the parent to pay you child support while you care for the child. Furthermore, even if you have primary custody, the legal parent may have the right to visit the child regularly.

Depending on your family’s situation, this can be a good or bad thing. In some cases, you may want to avoid legal adoption because the child support you get helps pay for expenses. In other situations, you may be comfortable taking care of the child’s expenses and would prefer that no other parent has the right to seek partial custody or scheduled visitation.

Adoption Isn’t Affected by Changes to Your Marital Status

When you and your current spouse are caring for a child, it is important to consider how your relationship affects your legal arrangements. In the event of a divorce, legal adoption provides both parents with more rights. This happens because legal guardianship is usually only awarded to the biological family member. Even though a person’s spouse may act in a parental role, they will not automatically get guardianship alongside their partner.

This can lead to issues in a divorce because the nonbiological parental figure can end up without any access to the child. Adoptions give a little more security to both partners. Since each spouse would become the child’s adoptive parent, each spouse would have more rights if a divorce occurs.

As you can see, both legal arrangements have their own benefits. To find the right choice for your situation, it may be helpful to consult with a New Jersey adoption lawyer. At Cofsky & Zeidman, our team is happy to assist you, and we have offices conveniently located in Haddonfield and Woodbury.. We also have one in Philadelphia for our clients in that area. Schedule a consultation by filling out our contact form or by calling (856) 429-5005.