Archives for March 2023

Adopting Your Foster Child

Process of Adopting Your Foster Child

Deciding to adopt your foster child is an effective way to provide them with a more permanent family. The number of children who are waiting to go through the adoption process is well over 100,000. While foster children are often able to be adopted, there are several restrictions and guidelines that should be taken into account.

Can You Adopt Your Foster Child?

Adopting a foster child is allowed through the foster-to-adopt process. However, it’s not an option in every situation. Foster care is considered a temporary solution in the event that a child’s home isn’t currently stable or safe. When children are placed in the care of the state, the goal will be to eventually reunite them with their birth parents. As a foster parent, you agree to provide children with temporary care until reunification is possible.

While there are times when the birth parents of foster children will have already had their legal rights terminated, this isn’t true with every foster child. For some foster children, adoption is never an option. Before you first accepted a foster child, you may have been told if the goal is adoption or reunification. This information should help you determine if you’re able to adopt your foster child.

Why Fostering Is Often Considered Before Adopting

State governments are encouraging many parents who want to adopt to first become foster parents. There are numerous benefits of fostering a child before you adopt them, the primary of which is that you’ll be able to begin parenting sooner. Placement in foster care can occur in just a few days. In comparison, finalizing the adoption process may take upwards of six months or longer.

An important component of fostering is that foster parents are required to actively support the goal of reunifying children with their birth parents if that is the child’s current permanency plan. This plan is set by the court system. Even if reunification is the goal, “concurrent planning” may occur, which means that work will also be done to have an alternate permanency plan in place. This alternate plan usually involves adoption by foster parents if reunification isn’t successful.

When Can Foster Parents Adopt Foster Children

Even if a child’s biological parents have had their rights terminated, it’s not guaranteed that foster parents can adopt their foster child. In most situations, caseworkers first search for other biological relatives who may be able to adopt the child. If the caseworker is unable to find a relative who’s willing to provide the child with a safe home, foster parents are often given the opportunity to do so.

Some foster parents wonder if it is possible to fight relatives for the ability to adopt if the foster family has been together for months or years. In this scenario, each case differs. Call our New Jersey adoption lawyer today if you would like to speak about your case.

The process for adopting a foster child is similar to the process for all other types of adoption. Birth parents typically have around 6 to 12 months to finish their reunification plans. However, extensions are often given. Once parental rights have been terminated by the court system, this system will also evaluate who the best fit is to raise the child in question.

Since adoption is a more permanent scenario, social workers usually conduct post-placement visits to assess how the foster family is adjusting to the changes. Once every potential requirement has been met, a court date is set to finalize the adoption.

Potential Roadblocks During the Adoption Process

The path to adopting a foster child isn’t always straightforward and can be made more challenging if certain issues arise. For instance, a foster parent’s financial situation can play a role in identifying if they are capable of providing for the child’s essential needs on a long-term basis.

A person’s residence can also be taken into account. While adoptive parents can rent or own, a social worker may indicate that the living environment isn’t suitable for the child. Social workers are usually tasked with approving every aspect of the adoption. If the post-placement study mentioned earlier is negative, securing the adoption may be difficult.

If you’re currently thinking of adopting your foster child and providing them with a loving home, you will want to understand your legal rights. To learn more about what the process entails, call our New Jersey adoption lawyer today at (856) 429-5005 to schedule a consultation at our Haddonfield office.

Adopting an Adult

How Do Adult Adoptions Work?

There are many different types of adoptions. One of the lesser-known options is adult adoption. There are certain criteria that must be met in order to adopt an adult into your family.

What Is Adult Adoption?

Adult adoption is a legal procedure that allows a couple or individual to bring a person over the age of 18 into their family. Although not all states recognize this type of unconventional adoption, New Jersey does. It allows people to enrich the lives of adults who need the permanent connection of a loving, nurturing family.

Why Do Families Choose to Adopt an Adult?

Adult adoption is still a new concept to many people, but there are many reasons why more families are going this route. Just like adopting a child, adult adoption helps to secure a person’s family situation. If you are interested in adopting an adult, a New Jersey adoption attorney can help you with the process.

One of the most common reasons for adult adoption is that a person wishes to leave an adult an inheritance, and one way to do that is to establish a legal relationship. Adoption solidifies that familial relationship so that the adult can receive the inheritance that the person wishes to leave them.

A stepparent may want to adopt their adult stepchild to create a closer, loving family bond. This form of adoption can occur on the same day that the petition is filed with the court. Because the person is already an adult, there is no worry about having to get their other biological parent’s consent.

Adult adoption can occur when a person who was adopted or went through the foster care system has reconnected with their birth family.

Adult children who lived with a foster family but were never adopted as a minor can be adopted by their foster family.

Some adult adoptions involve adults with disabilities so that they can receive care for their lifetime. The person who adopts them oversees their care and makes all decisions affecting their welfare.

What Are the Laws on Adult Adoption?

In order to adopt an adult, there must be at least a 10-year age difference between you and the person you wish to adopt. If you are married, your spouse may have to give consent to the adoption. However, in some cases, the court may allow an adult adoption without your spouse’s consent if they are unavailable or unreasonable.

One of the strictest laws regarding adult adoption is that there must not be a sexual relationship between the adopter and the adoptee. At any point, if the two people engaged in a sexual relationship, the adoption cannot take place. Adult adoption also cannot occur for criminal reasons. If the court suspects that fraud is involved in the adoption, it will prohibit it from happening.

Although there’s no reason to get consent from the person’s biological parents for adult adoption, you should give them notice of the adoption.

What Is the Adult Adoption Procedure?

If you have decided that you wish to adopt an adult, you must visit your local court to obtain the right documents. An experienced New Jersey adoption attorney can provide all the information needed to fill out these forms. If you are adopting an adult with limited mental or physical capacity, you must fill out and file additional documentation.

Completing and signing the paperwork should be done in the presence of a notary who should then sign and emboss it. Pay careful attention to all instructions, and submit your paperwork accordingly. You will have to wait to be notified of a court date at your local family court where a judge will hear your adult adoption case.

If you need help with an adult adoption, contact contact a New Jersey adoption attorney at Cofsky & Zeidman LLC in Haddonfield at (856) 429-5005 at your earliest convenience.