Is Adoption Right for You? Factors to Consider Before You Adopt

You may be considering adopting a child for any of a number of reasons. Perhaps you are unable to have children of your own. Maybe you already have a family and want to provide a home for a child in need. Adoption can be an extremely rewarding experience or it can be fraught with challenges. Here are some things to consider before you file for adoption.

Your Reasons for Adopting

There are other reasons than simply wanting a child. If you can’t have children biologically, adoption can give you the family you want. But some things you want to consider. First, have you taken the time to grieve your inability to have biological children? Do you view adoption as “the next best alternative”? If so, you may (consciously or subconsciously) view your child as less than what you really wanted. And how strong is your relationship with your spouse or partner? Are you looking at adoption as a way to improve that relationship? Sadly, that never really works.

The Time and Financial Commitments of Parenthood (and Adopting)

It will probably cost you at least $25,000 to complete an adoption. Estimates indicate that it can cost between $10,000 and $20,000 annually to raise a child. In addition, the time commitment is huge and unrelenting. Kids don’t live life on a schedule. You may be up all night with a sick kid and still have to go to work in the morning.

The Different Types of Adoptions

You can adopt a child domestically (within the United States) or internationally. With an international adoption, there is less likelihood of an ongoing relationship with the birth parent, and less likelihood that your adopted child will try to seek out their birthparent. The costs of an international adoption are typically a little higher than a domestic adoption.

Adoption may be open (you and/or your child maintain an ongoing relationship with the birthparent) or closed. With an open adoption, there can be an ongoing sense that the child has two families. For some adoptive parents, this can make it feel like the child is little more than a visitor. But many adoptive parents believe it is best in the long term that the child knows his or her heritage.

An adoption may be private or through an agency. With a private adoption, there can be less red tape, but it can also be more difficult to find a child that needs to be adopted.

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

Can You Adopt as a Single Parent in New Jersey?

Maybe you haven’t found that someone special or you just prefer to remain single, but you want to experience the joy of being a parent. So you’ve considered filing for adoption, but are uncertain whether your unmarried status will prevent you from adopting. In New Jersey, that’s generally not a barrier to adoption.

New Jersey has a well-deserved reputation nationally as an “adoption-friendly” state. While some other states look at marital status or sexual orientation as one of the factors in determining your fitness to adopt, New Jersey has no such restrictions.

Just because New Jersey does not prohibit single parent adoptions, however, does not mean that you won’t run into obstacles as a single person trying to adopt. Often, adoption agencies will give preferential treatment to married couples seeking to adopt, or a birth parent may be reluctant or unwilling to consider a single parent in a private adoption. The laws in New Jersey, while allowing single parent adoptions, do not provide the authority to compel an agency or a birth parent to give a child in adoption to a single parent. If you are a single person seeking to adopt a child, your best approach is to work directly with an agency that specializes in or supports single parent adoptions.

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

There have been several articles in the newspapers and on television lately about something which has been given the name of “Re-Homing.”

Re-Homing is the placement of a child previously adopted by a family, with another family. The news articles dealt primarily with adoptive placements of children from foreign countries. Adopting families on some occasions have found that the child has significant issues, whether they are physical disabilities, developmental delays, or neurological and/or emotional problems, such that the family is not equipped to care for the child. Those families often find that any attempt to obtain aid or assistance from the state or federal government is rejected. With no where to turn yet being concerned about the best interest of the child, the families will sometimes post their situation on the internet, and invite other families to consider caring for the child.

In many cases the child ends up with a loving family who is able to deal with the issues presented, and the second family often adopts the child. What has been reported are the very few cases where the second family may not be an appropriate placement. The second family may not have had a home study performed and there is concern that the child may end up being abused.

Rather than dealing with this in a measured way, one state has passed legislation specifically banning this practice. This type of legislation does not solve the problems that these families face or that these children face. Rather, programs need to be developed to assist these families that sometimes are in crisis because of the condition of these children. Turning our backs on these families and children and preventing them from attempting to find other substitute families is far from the best solution.

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

There have been a number of articles lately relating to people who are taken advantage of or being scammed with regard to adoptions. While this is a relatively rare occurrence, nevertheless this is what makes headlines.

One of the best ways to protect yourself from those unscrupulous individuals who prey on families who are looking to adopt is to make sure that you deal with either a reputable licensed local adoption agency and/or an experienced adoption attorney such as one of the Fellows of the American Academy of Adoption Attorneys. By doing this many of the “red flags” that pop up and which could be indicative of a scam may be recognized by these professionals so that you may be protected. Further, the mere fact that you are working with an experienced adoption professional may dissuade someone who is seeking to take advantage of you from even dealing with you.

Prospective adoptive parents are extremely vulnerable and should always seek the help of an experience professional when contemplating adoption.

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

Lessons Learned from the Jason Patric Case

I’m sure many of you have been following the Jason Patric case in California. Jason Patric was a sperm donor for a woman who wished to have a child. Ultimately a child was born and Mr. Patric, a well known actor, became involved in the child’s life. Problems arose when the child’s mother did not want him to be involved with the child in the future.

This has caused a several year battle as to what are the legal rights of a “sperm donor” with regard to being a legal parent of a child conceived through these methods.

Although the case is still winding its way through the courts in California, there are lessons to be learned. First and foremost is that anytime anyone is contemplating family formation through the use of assisted reproductive technology, an attorney experienced in assisted reproductive technology law should be consulted. It is absolutely essential to have a written document setting forth the rights and responsibilities of all parties involved. It is also extremely important that any and all laws of the state where the procedures are to take place are followed to the letter. This is especially true in cases involving a known sperm donor as opposed to an anonymous sperm donor.

As an example, in many states, including New Jersey, the Artificial Insemination Statute specifically dictates that where a child is created from such an arrangement, if the procedure is performed by a doctor or through a medical clinic, the donor shall have no rights, duties, or responsibilities relating to the child. While this could change if the donor ends up serving as a parent under the theory of “psychological parent,” it provides certainty and clarity for all concerned.

Too many times we have seen the situation where individuals, in order to save money, prepare their own agreement and do not go through a clinic, thus resorting to the old “turkey-baster” form of insemination. In those cases, neither the donor nor the recipient receive the benefits and protections of the artificial insemination statute.

Reproductive technology law is in its infancy. Many states do not have any laws that guide this, and some of the states that do have such laws have yet to have them interpreted by the courts. It is therefore absolutely essential that if you are considering family formation through assisted reproductive technology, you contact an attorney experienced in this area of the law, such as a Fellow of the American Academy of Assisted Reproductive Technology attorneys so that we may help you.

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests.

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

Years ago about the only way to adopt a child was through a licensed adoption agency. That was expanded in most states to allow adoption through a “direct placement.” This is a placement where arrangements are made by the birth mother, and birth father if applicable, with the adopting parents without the assistance of an agency or an intermediary.

Today birth parents and prospective adoptive parents are finding each other through the use of the internet. There are many sites that specifically post profiles of individuals or families seeking to adopt. Birth mothers who visit these sites are then encouraged to contact the families directly.

While this can lead to many successful placements, it also carries certain risks. For the birth parents a concern would be whether or not the birth mother is truly seeking to place a child or is attempting to scam them. For the birth mothers, there is really no guarantee that the profile posted truly represents the family. Some sites require a family to have a home study prior to accepting a posting.

In any event, while these contacts can be made and will likely increase, all parties should consider seeking the assistance of a reputable licensed local adoption agency and/or an attorney experienced in adoption law such as a Fellow of the American Academy of Adoption Attorneys. Once there is contact between a birth parent and a prospective adoptive family, assistance from an adoption professional should be sought immediately in order that everyone’s rights are protected.

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests. Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

Help for Children Adopted Abroad

Around the holidays the US Senate and House of Representatives passed an act to allow the birth certificates of children who were adopted from foreign countries to be corrected, and for the federal government to recognize those corrections so that the child’s birth date would be accurately reflected. President Obama signed it into law just a short time ago and a major problem for these children has now been resolved.

Many children who have been adopted from foreign countries enter the United States with an incorrect date of birth listed on their birth certificates because a date had been arbitrarily assigned to them by the orphanages and that date was often based upon the appearance of the child and was frequently highly inaccurate. The result was that a child entering the United States could well be listed as being three years of age when in fact he or she was actually older by two or more years.

Now, because of this legislation, if a state court is presented with medical and developmental evidence which would indicate an accurate date, an order changing the birth certificate will be recognized by any and all agencies of the federal government. Prior to this act, the federal government would not do so which presented a myriad of problems for these children.

This new law was one of only a handful of laws that had been passed and signed into law during the past year. The American Academy of Adoption Attorneys was instrumental in working with members of Congress in drafting and advocating for this change.

If you have adopted a child who is faced with this problem, contact an experienced adoption attorney such as a Fellow of the American Academy of Adoption Attorneys for guidance.

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests. Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

Adoption Tax Credit Made Permanent as of January 2013

Information supplied by Donald C, Cofsky, Esquire

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 (H.R. 8), and it was signed into law by President Obama on January 2, 2013.

The Adoption Tax Credit was one of the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) that has now been made PERMANENT. This is a welcome turn of events, since many felt that the best outcome would only be a temporary extension of the credit.

All of the ground rules for the Adoption Tax Credit remained the same as they were for the tax year 2012, except that the amount of the maximum credit increased slightly, as did the amounts of the lower and upper limits of income eligibility. All three of these numbers are adjusted each year in accordance with the cost of living. The IRS typically announces the adjusted numbers before the end of the prior year. The IRS has announced that the maximum credit for 2014 will be $13,190 (up from the 2013 number of $12,970) and that the full credit will be available to taxpayers with a modified adjusted gross income (MAGI) of $197,889 or less, after which it will begin to phase out, and will not be available once the MAGI reaches $237,880. All of the other provisions remain intact, including (a) the ability to carry the credit forward for up to five years in order to take full advantage of the credit; (b) the ability to claim the maximum amount of the credit (without the need to show actual expenses) for the adoption of a special needs child; and (c) the ability to claim the credit in the case of a failed adoption.

The Adoption Tax Credit, although now permanent, is not a “refundable credit.” It was refundable during 2010 and 2011 through a provision of the health care legislation, but since this provision was not in the 2001 EGTRRA legislation, it is not a part of the current law. Nevertheless, any unused portion of the tax credit can be carried over as a credit against taxes for up to five years so that it may be used in its entirety.

Adoption Attorneys in New Jersey

Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We provide a free initial consultation in personal injury and workers’ compensation matters.

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Donald Cofsky’s practice involving Family Formation includes adoption and assisted reproduction law. He has represented over 1500 families in private, agency, international, and domestic adoptions. He has served as a lecturer at numerous adoption seminars and has worked with the NJ Supreme Court Rules Committee on revisions to the court rules on adoptions. He is the Immediate Past President of the American Academy of Adoption Attorneys, and a Fellow of the American Academy of Assisted Reproduction Technology Attorneys. Mr. Cofsky is certified by the Supreme Court of NJ as a Civil Trial Attorney, and has received “A” and “V” ratings by Martindale-Hubbell, its highest for both ability and ethics. In 2005 he was named as an “Angel in Adoption” by the Congressional Coalition on Adoption in Washington, DC.

New Jersey was the first state in the union to adopt a policy stating that couples seeking to adopt children may not be discriminated against due to sexual orientation or marital status. It is one of the easier states in the union for same-sex couples to adopt children in. The standard, appropriately, for adopting a child in New Jersey isn’t about gay or straight. The standard, rather, is what is in the best interests of the child in question.

One way New Jersey same-sex couples can adopt is through a legal process called co-parent adoption or second-parent adoption. This is adoption in which one parent already has legal rights to the child in question. The second parent can then adopt the biological or adopted child of his or her same-sex partner without regard to their marital status.

Same-sex couples who have a baby through artificial reproductive technology, including artificial insemination, or by having a surrogate carry the baby to term may choose to protect their rights to legally parent the child through the co-parent or second-parent adoption process.

Same-Sex Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests. Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.

On May 27, 2014 New Jersey became one of approximately 10 states to allow adoptees access to their original birth certificates.

Bills had been proposed for well over 15 years in New Jersey, each failing to pass, but recently the Legislature approved one. The Governor conditionally vetoed it in order to provide additional protections for birth parents who placed children prior to its enactment. The Bill was then modified and now provides that for any adoption which has taken or will take place before August 1, 2015, the birth parents may request that their names not be released as part of the original birth certificate. For adoptions thereafter, these records will be available, but only to certain individuals. This would include the adoptee after reaching the age of 18 as well as other specifically named family members.

Along with this is a Contact Preference form. This will allow the birth parent to indicate whether he or she wishes to be contacted once the information is released. It also provides for the method of contact, either through an agency, specifically named intermediary, or by direct contact. It also provides an option for no contact at all.

One of the other important features of this Bill is the request and in some circumstances requirement that updated medical and social background information be supplied to the Office of Vital Statistics so that the adoptee or those permitted to obtain the information will be able to access this which could be very important. There is no requirement, however, that identifying information be included.

For more information about this and its applicability contact an adoption professional, either a local licensed adoption agency in New Jersey or an experienced adoption attorney such as a Fellow of the American Academy of Adoption Attorneys.

Adoption Attorneys in New Jersey

At the law office of Cofsky & Zeidman, LLC, our lawyers bring more than 25 years of experience to every matter we handle. Attorney Donald C. Cofsky has personally handled more than 1,500 adoption proceedings since joining the bar in 1974. Attorney Bruce D. Zeidman has protected the interests of clients in state and federal courts in New Jersey and Pennsylvania since 1984. We understand the challenges you face, and can help you identify all your options so that you can make good decisions that are in your best long-term interests. Contact our office online or call us at (856) 429-5005 in Haddonfield, NJ, at (856) 429-5005 in Woodbury, NJ, or in Philadelphia, PA, at (856) 429-5005. We also provide a free initial consultation in personal injury and workers’ compensation matters.