Archives for July 2023

Putting Your Child Up for Adoption

What You Should Know About Placing Your Child for Adoption

With over a million American couples waiting to adopt a child at any given time, adoption can be a great way to provide a stable and supportive home for your child. However, the decision to put your child up for adoption is not an easy one, and it’s vital to explore all of the implications before making a final decision.

What Is Adoption?

Adoption is a legal process by which a person becomes the parent of a child who is not their biological offspring. Once the adoption is finalized, the adoptive parent assumes all of the legal rights and responsibilities to the child, just as if they were the biological parent.

There are a few different types of adoption to consider. For parents considering placing their child for adoption, two of the most relevant options are open and closed adoptions. Open adoptions allow for contact between the birth parent and adoptive family after the adoption is finalized. Closed adoptions, on the other hand, involve no contact between the two parties once the adoption is finalized.

Overview of the Process

The process of putting a child up for adoption can vary depending on the type of route you choose. Generally, however, you’ll want to begin by contacting a New Jersey adoption lawyer to discuss your legal options and the implications of adoption.

It may also be wise to contact a reputable adoption agency during this time. An adoption agency is an organization that works to match birth parents with adoptive families and facilitate the adoption process. Most agencies will allow you to meet prospective adoptive families and decide which one you feel is the best fit for your child.

If you already have an interested adoptive family in mind, you may be able to pursue a private adoption rather than working with an agency. This option can reduce the cost and length of time it takes to finalize the adoption, but it is important to work with an attorney to ensure that the process is done legally and safely.

Potential Challenges

Although adoption can bring many benefits to children and families, it’s not without its challenges. Placing your child for adoption can be difficult emotionally, and you may need to seek professional counseling or support from friends and family during this time. Even if you are comfortable with your decision, you may be surprised by the range of emotions you experience throughout the process.

Adoption can also present emotional difficulties for the child. Children may express feelings of loss, confusion, or abandonment over their adoption. This type of response is most typically associated with older children who remember their birth parents, but babies and toddlers are not immune to these feelings either.

You’re making this decision for the benefit of your child, but they’re likely too young to understand this, and it’s important to prepare them for the potential emotional struggles they may face. If you’re concerned about the potential negative effects of the adoption on the child, you may want to advocate for an open adoption that allows them to maintain contact with you, which can soften the impact of this transition.

Alternatives to Adoption

Keep in mind that adoption isn’t necessarily your only option. If you’re considering adoption, take some time to explore other routes as well.

For example, if you’re struggling to provide proper care for your child due to potentially temporary circumstances such as addiction, illness, or financial hardship, you may want to consider a temporary legal guardianship arrangement until you’re able to restore stability. You can also take a look at local resources such as Medicaid, food assistance, job training programs, and other forms of government aid that may make it easier for you to provide a healthy home environment.

Ultimately, the decision to place your child for adoption is entirely in your hands, and it can be the right choice for some families. With prior knowledge of what’s involved and the potential challenges, you can make an informed decision that best serves the needs of your child. Get started today by contacting a New Jersey adoption lawyer at (856) 429-5005. With offices in Haddonfield, Woodbury, and Philadelphia, the Cofsky & Zeidman team is here to support you every step of the way.

SCOTUS Rules on Non-Native Adoptions

Understanding the Recent SCOTUS Ruling on Native American Adoptions

Native American children are four times more likely to end up in foster care, so many adoptive families end up including Native American people. However, there are a lot of controversies around how these cases are handled. A recent ruling by the Supreme Court of the United States has helped to clarify how certain adoption laws work.

Supreme Court Upholds Adoption Law Giving Native Americans Preference

In June 2023, the Supreme Court finally resolved an issue that has been hotly debated for several years. The case started in 2016 when a Texas family attempted to adopt a child they were fostering, but the child was eventually adopted by a Native American couple instead. This happened because of a 1978 law, the Indian Child Welfare Act (ICWA), that says Native American children will go to Native American adoptive families whenever possible. The ICWA was meant to address the historic issue of Native American children being taken from their families and prevented from learning Native American culture.

 

Because of the controversial situation, a lawsuit was filed by the state of Texas and three non-Native American families against the United States Department of the Interior. The plaintiffs said that the ICWA discriminates against non-Native Americans and that the federal government overstepped its bounds by creating a law that governs how adoptions work.

 

The Supreme Court voted 7-2 to uphold the ICWA. The justices based their ruling on several grounds including the plaintiffs’ lack of legal standing and the merits of the ICWA. They emphasized that tribal courts still have jurisdiction over Native children, and the federal government cannot disrupt this jurisdiction to make state adoption agencies place Native American children in non-Native homes.

Adoption Experts Weigh in on the Pros and Cons of the Ruling

The Supreme Court adoption ruling has been met with both praise and complaints. Native American advocacy groups have expressed joy that the ICWA and tribal rights were upheld. In a statement on the subject, the National Congress of American Indians said, “One thing is certain: ICWA (Indian Child Welfare Act) is crucial for the safety and well-being of Native children and families and the future of Native peoples and Tribal Nations.” They believe that this ruling will safeguard Native American children’s ability to grow up in their culture and remain connected to their tribes.

 

However, others are concerned that the ruling did not address the racial discrimination claims of the case. They feel that this ruling disregards other aspects of child welfare and focuses solely on the race of adoptive parents. In the dissenting opinions, Supreme Court justices mentioned that the racial discrimination claims could potentially be brought up again in future lawsuits about adopting a Native child.

Will This Ruling Affect Current Adoptions?

This court battle has been high-profile and very controversial, but it will only affect a few adoptions. The ICWA has never outright prohibited non-Native families from adopting Native children. Often, local tribal courts will approve cross-cultural adoptions, especially in cases where a New Jersey adoption attorney can show that the adoption will allow siblings to remain together. The number of non-Native foster parents and adoptive parents is much higher than Native ones, so cross-cultural adoptions remain common.

 

Furthermore, this ruling does not do much to affect Native American parents’ chances of adopting a child. Since the Supreme Court upheld current laws, nothing will change for Native Americans hoping to adopt. They will still be given preferences in cases where the state is looking for an adoptive family for a Native child. The only time that this ruling may cause issues for parents is if adoptive parents are non-Native and were hoping to adopt a child while there was also a Native couple interested in adopting that same child.

 

If you have any questions on this ruling or other adoption laws, Cofsky & Zeidman can help. Our New Jersey adoption attorney assists people throughout the regios. We help clients finalize adoptions, negotiate surrogacy arrangements, and more. To schedule your free consultation, call 856-429-5005 or email us today.

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