Archives for September 2022

International Adoptions and the Hague Adoption Convention

How the Hague Adoption Convention Shapes Intercountry Adoptions

The United States welcomes more children through intercountry adoption each year than any other nation in the world. In fact, since 1999, more than 250,000 international adoptions have been finalized in the U.S. It can be a complicated process that requires representation of an attorney skilled in international adoptions, but the Hague Adoption Convention has formalized that process and gives the adopting parents peace of mind that the child is not exploited and has been protected.

Hague Adoption Convention

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption is an international agreement to formalize international adoptions and protect the children involved. This convention is often referred to as the Hague Adoption Convention for short and not just the Hague Convention as to differentiate it from the pre-War World I series of treaties that were the Hague Conventions of 1899 and 1907. The U.S. signed the Hague Adoption Convention in 1994.

How the Hague Convention Protects Children

The Convention requires that all participating countries establish a Central Authority. The Department of State serves as the U.S. Central Authority. These centralized authorities are in place to vet prospective adoptions and ensure that the child has not been abducted, sold or trafficked. An authority also ensures that a child is eligible for international adoption according to local laws and that the necessary measures have been taken to find a home for the child in its country of origin.

U.S. Convention Process

Not all adoption agencies are eligible to provide services related to an intercountry adoption in the U.S. An agency must either be accredited or approved on the federal level. This ensures the adopting parents that they are dealing with an Accrediting Entity or what is known as an Intercountry Adoption Accreditation and Maintenance Entity, Inc. or IAAME in the language of the convention. An Accrediting Entity is evaluated on an ongoing basis and is not in violation of any professional or ethical practices.

U.S. Intercountry Adoption Act of 2000

Adherence to the Hague Adoption Convention has been a complex and time-intensive endeavor for all participating countries. In the U.S., it was implemented through the Intercountry Adoption Act of 2000. The IAA, for instance, implemented the rules and regulations for accrediting entities. It also requires the Department of State to verify that each intercountry adoption completed in the U.S. is in accordance with convention regulations and then issue a certificate from the Secretary of State.

Universal Accreditation Act of 2012

The Intercountry Adoption Universal Accreditation Act of 2012 expanded federal regulation in the U.S. It specifically extended the oversight and ongoing monitoring of approved and accredited adoption services within the U.S. It also extended all safeguards defined by the convention to nonparticipating countries. This means that U.S. adoption agencies must oversee all international adoptions as convention adoptions, even if the child is from a country that did not agree to the convention.

Post Adoption

Adoptions in general are often complex. Intercountry adoptions can be even more so. Parents adopting in New Jersey are encouraged to hire a New Jersey adoption lawyer to help them navigate the process. Even after you receive the child’s Hague Adoption Certificate or Hague Custody Certificate from the U.S. Embassy or Consulate, there is still much to do. You must acquire U.S. citizenship for the child so that the child is not subject to deportation and will have access to all privileges with age, such college scholarships and the right to work and vote. Depending on the country of origin, you may also have post-adoption and post-placement reporting responsibilities.

Are You Considering an International Adoption?

If you are considering an international adoption and live in New Jersey or Pennsylvania, the Law Office of Cofsky & Zeidman, LLC, is here to help. New Jersey adoption lawyer Donald C. Cofsky has personally overseen more than 1,500 adoption cases since joining the bar in 1974. You can contact us online or reach our Haddonfield, NJ office at (856) 429-5005, our Woodbury, New Jersey office at (856) 845-2555 or our Philadelphia, Pennsylvania office at (215) 563-2150.

Adoption vs. Legal Guardianship: Which One Is Right for You?

How to Choose Between Adoption and Legal Guardianship

Each year, thousands of children end up with a primary caregiver who is not their biological parent. If you’re caring for a child who is not biologically yours, you have the choice of adopting them or seeking legal guardianship. To figure out whether legal guardianship or adoption will work better for your situation, you need to ask a few questions.

What Responsibilities Does Each Process Give You?

First of all, it can be helpful to consider what each process will mean for your daily life. Both adoptions and legal guardianships come with most of the same duties. You will need to ensure that the child is safe, healthy, happy, and well cared for. Both guardians and adoptive parents must provide a child with food, clothing, shelter, and age-appropriate care. Whether you are a guardian or adoptive parent, you will be able to make medical, financial, and educational decisions on the child’s behalf.

How Long Do You Want Your Responsibilities to Last?

A guardianship is usually a temporary situation. The guardian cares for the child while the parent can’t, but the guardianship is set up to end when the parent asks, after a certain amount of time, or when the child is 18. Though you might still have a parental relationship with the child once guardianship ends, you won’t automatically be considered the child’s family from a legal perspective. Meanwhile, once your New Jersey adoption attorney finalizes your adoption, you are the child’s parent for the rest of their life. This means that your care for your child can extend long past the age of 18. For example, if your adult child gets into an accident at college, their school would contact you as the child’s legal next of kin. To have the same level of involvement in an adult child’s life, a former guardian would need to fill out extra paperwork once the child turned 18.

Do You Want the Other Parents to Still Be Involved?

One of the main differences between guardianship and adoption is what happens to the child’s former parents. In an adoption, the court formally removes the previous parents’ rights and transfers them to you. Meanwhile, in a guardianship situation, the original parents still have their rights. Not only can they make decisions for the child, but they can potentially terminate the guardianship. All of this additional input can be great if you’re a grandparent caring for your grandchild while the parent is working overseas. However, if the biological parent doesn’t provide appropriate care to the child, you might want to seek adoption and ensure the previous parent cannot show up and disrupt the child’s life.

How Much Time Do You Have for Legal Matters?

Guardianships tend to be a much simpler process. You sign a few papers and are able to care for the child. Many guardians never have to go to court, and home studies aren’t usually required. Meanwhile, the adoption process tends to be lengthier. The simplest adoptions tend to be family adoptions where all parties consent, and even then, you usually have to fill out several documents and submit them for the court’s approval. If you adopt through the foster system or through a private adoption agency, things can take even longer. You may need to prepare your home for an inspection, petition the court to remove previous parents’ rights or take other steps to complete the process.

Ultimately, adoption tends to give you most of the same day-to-day responsibilities as a guardianship. However, adoption is more permanent and long-lasting. If you’re still not sure which process would work best for you, talk to a New Jersey adoption attorney. At Cofsky & Zeidman, we’re happy to go over your options and help you find the most effective solution for your family. To schedule a consultation at one of our convenient offices, contact us today. We can be reached by calling 856-429-5005 or by filling out and submitting our online form.

Adoption Law Questions Arising as a Result of Dobbs Decision Over-Turning Roe v. Wade

Since the US Supreme Court issued its decision over-turning Roe v. Wade in the Dobbs decision and eliminating what had been declared to be a constitutional right of privacy, adoption law attorneys have been getting many phone calls and emails about its effect on family planning and family formation issues.  While many believe this is just an abortion issue, it is actually more complicated than that.  These are some of the questions that many members of the Academy of Adoption and Assisted Reproduction Attorneys are continuing to receive:

  • What is my ability to obtain an abortion, how early in the pregnancy, and will this have any effect on the abortion pills that are available?

 

  • If I am in a state that is banning abortions, can I still get the abortion pill in the mail?

 

  • Do I still have a constitutional right to travel from my state to another state where abortion is permitted, and if I do, will anybody get in trouble?

 

  • Can one state’s laws control what can or cannot take place in another state?

 

  • Should I be concerned about my ability to continue to obtain contraception?

 

  • I am planning to marry my same sex partner. Will I still be able to do so?

 

  • If the constitutional right to same sex marriage is over-ruled, can my marriage to my same sex partner be voided?

 

These are just some of the issues and questions that have arisen.   We urge anyone with these questions to consult with an attorney experienced in these areas of the law.  For a consultation with Don Cofsky,

 

Contact Us

  • This field is for validation purposes and should be left unchanged.

Offices