Greg Sutphin

Single Parent Adoption

Times have changed dramatically for individuals seeking to adopt a child in the United States. Fifty years ago, if you had sought to adopt a minor child as a single parent, you would have had no success, and not necessarily because adoption agencies looked with disfavor on the idea. In some states, as recently as 25 years ago, there were laws on the books that prohibited single-parent adoptions. Over the last two decades, those limitations have evaporated. Studies now show that one in four special needs adoptions involves a single parent and that about one in 20 of all adoptions are by single men or women.

Experts say that a number of factors have contributed to the shift in thinking and practice. First, as late as the 1960s, most moms were stay-at-home parents, and the concept of daycare was still an exception to the rule. In today’s world, the stay-at-home mom is the exception to the rule and it’s socially acceptable for children to spend much of their formative years in daycare. Fifty years ago, adoption agencies worried that a single parent would either face financial challenges from staying home with the child or not be involved in the child’s upbringing.

The other change, especially with special needs adoptions, is the lessened focus on the personal finances of the parent. Many states offer subsidies or financial assistance to parents adopting special needs children, so families with a single income are better able to meet the material needs of the child.

That’s not to say that single applicants have attained parity with married applicants. Many adoption agencies still choose not to work with single parents. Others may accept your application, but give priority to couples who come into their offices.

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail. For clients with personal injury or workers’ compensation claims, we offer a free initial consultation, and will represent you on a contingency basis, only charging attorney fees if we recover compensation for you.

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

The Federal Family and Medical Leave Act (FFMLA)

The Federal Family and Medical Leave Act or FFMLA was passed a number of years ago to help families who have a new child with them. This also covered adoption maternity and paternity leave for adoptive or foster parents. This Act applies to all businesses with at least 50 employees as well as all state and local governments and all public and private schools. The Act mandates up to 12 weeks of unpaid job protective leave per year, and with continued insurance benefits.

In order to qualify for Family Leave, for a business with at least 50 employees, the employee must have worked for the employer for at least 12 months and for at least 1,250 hours over those 12 months and at a location within 75 miles of where the 50 or more employees work. While this is provided for under federal law, states may have their own version of this law and it is therefore advisable for any new parents to check to see if that is the case. The leave can only be taken within 12 months following the birth or the placement of a child. Since this applies to adoptive parents, the leave could be taken separately and need not be taken together which would then provide 24 weeks of unpaid leave. However, if the parents are working for the same employer, the 12 weeks are combined.

Although this discussion involves the federal FMLA, many states now have requirements that mandate smaller companies to participate in these programs, with some even requiring a certain amount of pay for time off. It is important that all adoptive parents and prospective adoptive parents review their state laws. The National Conference of State Legislatures maintains a website that may provide additional information.

International Adoptions Continue to Decline

Twenty years ago, if you wanted to adopt an infant from China, you could almost get in line, wait 12-15 months and travel to the Orient to pick up your child. The chances were about 99-to-1 that you’d bring home a girl, unless you were willing to adopt a special needs boy, but the process was streamlined and had enjoyed steady growth over a number of decades. Over the last decade, though, that trend has completely reversed. And it’s not just adoptions from China, it’s international adoptions overall.

Consider these statistics. In 2004, nearly 23,000 foreign adoptees came into the United States. Just seven years later, the number was less than 10,000. In 2004, more than 13,000 children were adopted from China—by 2011, the number had dropped by more than 10,000.

According to adoption authorities, the trend has nothing to do with either supply or demand. There are just as many, if not more, children in orphanages in China and around the world, and there are just as many adoptive parents who want a child. Experts say it’s a change in attitude in those countries where the children live. Countries like China and Russia are finding that more and more people oppose sending orphans out of the country.

In addition, many foreign countries have implemented new rules making it harder for those most inclined and able to adopt to do so. The typical parent in a foreign adoption is older, and it’s not been uncommon for many to be single moms. In 2007, China changed its rules, prohibiting anyone over 50 from adopting, as well as single parents. The ban on single women was lifted in 2011, but all single adoptive mothers must now sign an affidavit swearing they are not gay. Families must also have at least $10,000 in income per family member and a minimum of $80,000 in assets.

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

Choosing an Adoption Agency

When you’ve decided to adopt a child, and you know you want to work through an agency, one of the most challenging tasks can be selecting the appropriate agency to handle your adoption. It can be a complicated and daunting process, but here are some tips for making certain that the agency you choose will be the right one.

Your First Step

There are literally thousands of adoption agencies in the United States, so you’ll need to narrow down your search substantially. One of the first questions you’ll need to ask yourself is whether you want to adopt domestically or internationally. Some agencies only handle domestic adoptions, while others really specialize in international adoptions. Furthermore, some international agencies have sub-specialties, doing a lot of their work in a few countries. In addition, you’ll want to determine whether you want to work with a local agency or a national/international agency. The local agency will typically provide a more personal experience and you’ll likely have access to more local post-adoption resources. A national agency will typically have more contacts and resources. You’ll want an agency with a lot of experience, but you can expect to pay a little more for that experience. In addition, there are advantages and disadvantages to the size of an agency. A larger agency will provide a bigger pool of candidates, but a smaller agency will typically give you more personal access to caseworkers.

Interview a Number of Agencies

Once you’ve narrowed your list to between five and ten, it’s time to ask questions. The initial questions can be solicited through an e-mail, but it’s always better, if possible to meet with agency representatives in person. Don’t get caught up in the numbers, though. It’s important to know how many adoptions the agency handles a year, and how long the average wait is, but it’s just as important to determine that you’ll enjoy working with the agency.

Contact Us

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

Supreme Court Decision Regarding Same Sex Marriage

The recent decision of the Supreme Court of the United States establishing that same sex couples have a constitutionally protected right to marry has a direct and beneficial effect on children. Specifically, the decision recognizes the dignity of all families and provides for the protection of children who are adopted or born into gay and lesbian families. This decision will allow all children to have legally recognized parents in every state and will guarantee that those children who are living with gay or lesbian parents will have secure and permanent relationships with them. In other words, each child will now have the benefit of two parents who are legally responsible for them. This can only benefit the children. The Supreme Court decision will now allow for the legally protected relationships between these parents and the children that they love and are raising. The Supreme Court decision was one in favor of children and to that extent it should be applauded.

Maintaining Your Child’s Cultural Identity after Adoption

Whether your child is biological or adopted, it’s important that they have a strong sense of their family history and cultural identity. When your child comes from a foreign country, the customs and practices of their native land are a part of their cultural makeup. By embracing their native culture, you can help assure that they develop into healthy adults. Here are some ways to keep your adopted child’s cultural heritage alive.

Make the Culture Part of Your Regular Routine

Find restaurants or regularly prepare meals that include food from your child’s country of origin. If there are holidays that are unique to your child’s native culture, celebrate them and make certain your child understands why you are doing so.

Find Support Groups

Many cities have organized groups of families who have adopted from a specific country. For example, if your child was adopted from China, you can probably find a group of similar families who get together on a regular basis to learn about and share in cultural events, dinners and festivals.

Look for Special Events

Many large cities have festivals celebrating different aspects of foreign cultures. Your local museum may bring in exhibits that feature art, history or cultural artifacts from their native land.

Learn Their Language

This can be a fun adventure that you and your child can share. Be prepared to have your child learn the language a lot faster than you do. It can be a perfect opportunity for them to teach you something, which will help build their self-esteem.

Contact Our Office

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

US Supreme Court Upholds Rights of Adoptive Same Sex Partner

On March 7, 2016 the US Supreme Court ruled that a Judgment of Adoption entered in one state must be recognized and respected in any other state in the country.

Between 2002 and 2004 a woman who was identified as E.L. gave birth to three children, a single birth and a twin birth. She was in a committed relationship with another woman who has been identified as V.L. V.L. with the consent of her partner E.L. filed for a second parent adoption in Georgia where the couple had rented a home. The adoption complied with all requirements of Georgia law and was granted by the court. Years later when living in Alabama, E.L. and V.L. separated. V.L. sought joint custody and visitation with the children in Alabama. While the Alabama lower courts agreed that she was entitled to this, the Alabama Supreme Court ruled that the Judgment of Adoption need not be honored in Alabama. V.L. appealed this to the United States Supreme Court arguing that under the United States Constitution and federal law which requires judgments of one state be given full faith an credit in a sister state, the Judgment of Adoption had to be honored in Alabama. The US Supreme Court, while not discussing the issue of same sex couples, ruled that V.L. was correct in that full faith and credit should apply. The court specifically said, “A state may not disregard the judgment of a sister state because it disagrees with the reasoning.” The Supreme Court then returned this case to Alabama for further hearings on custody and visitation, but the issue of legal entitlement has now been resolved.

This case now raises the question in assisted reproduction cases as to whether judgments granting parentage by way of Pre-Birth Orders in one state will be honored in a sister state that does not provide for such orders.

NJ Governor Vetos Bill to Amend Birth Certificates for Transgendered Individuals

In August of 2015 Governor Christie vetoed a Bill which had passed the New Jersey House and Senate that would have allowed individuals to obtain an amended birth certificate due to a change in sex. Under the current law, in order to obtain an amended birth certificate an individual must have undergone sex reassignment surgery. The amendment to the Bill would have allowed the birth certificate to be amended if the person requesting it could submit documentation from a licensed health care professional showing that the person had undergone clinically appropriate treatment for the purpose of gender transition based on contemporary medical standards. The legislature in passing the Bill recognized that some transgendered individuals may not be able to afford reassignment surgery or that their plans do not include such surgery but they still live each day as the gender with which they identify. Without this amendment the result would be that these individuals would have government documents and all identification cards indicating their gender which is not consistent with who they are. This means that if an individual is transgendered it would necessarily be disclosed to that person’s employer, schools, or any other organization or individual requiring these forms of identification. The concern is that this could lead to further discrimination.

Currently New York and Hawaii have passed such Bills. Although this amendment was supported by the New Jersey State Bar Association and passed by the New Jersey House and Senate, it was vetoed by the Governor. This likely will be introduced again at the next legislative session or when a new Governor is elected.

Expansion of the Child Citizenship Act of 2000

In 2000 the Child Citizenship Act was passed which granted automatic US citizenship to children who were adopted abroad. Unfortunately the Act did not apply retroactively and therefore children who were already 18 when the Act went into effect would not obtain automatic US citizenship. This had many negative effects and as such Senators Jeff Merkley (D-RN) and Amy Klobuchar (D-MN) have co-sponsored an amendment to the Child Citizenship Act to grant such automatic US citizenship retroactively.

The Risks Involved with Open Adoptions

In an open adoption, everyone involved in the process knows the identity and location of everyone else. A birthmother will have regular communication with adoptive parents before the adoption and this can typically continue after the placement, in the form of letters, birthday cards, e-mails, telephone calls and visitation. An open adoption can provide both adoptive and birth parents with greater reassurances that the adoption will be in everyone’s best interests, but there are also a number of drawbacks.

Concerns for Adoptive Parents

There are a number of potential challenges for adoptive parents when the location and identities of all parties are known:

Adoptive parents can easily be manipulated because of a fear of not getting the child. This can lead to significant expense if the birthparent becomes manipulative and asks for money to cover cost of living and other items.
The relationship will be ongoing—If everyone is a healthy adult, this may not be a problem. But if the birthmother is emotionally unstable and knows who you are and where you live, you’ll face challenges the rest of your life.
You may add an unwanted member to your family—The birthmother may assume that, because her child is a part of your family, she is too. She may show up unannounced or assume that she’ll be part of family gatherings.

Concerns for Birth Parents

Birth parents also face challenges related to open adoption proceedings:

The birth mother may be afraid to change her mind when she knows the adoptive parents personally, either because of concerns about the emotional commitment or financial investment of the adoptive family
The birth mother can also be manipulated by adoptive parents, who can make demands based on the amount of money they are spending or the argument that they are providing the child with a good home

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by by e-mail. For clients with personal injury or workers’ compensation claims, we offer a free initial consultation, and will represent you on a contingency basis, only charging attorney fees if we recover compensation for you.

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

Contact Us

Offices

Main Office

Phone: (856) 429-5005

Woodbury, NJ Office

Phone: (856) 845-2555

Philadelphia, PA Office

Phone: (215) 563-2150