Ethical Concerns in an Adoption Proceeding

Doing the Right Thing When You Adopt a Child

In many ways, adoption is big business. Adoptive parents will spend a lot of money to get the child they want. Unfortunately, when there’s a lot of money involved, the best interests of everyone involved can be forgotten or ignored. Adoption is more than creating a happy new family by the addition of a child. The birth parents can be easily exploited and feel a tremendous sense of loss. Adopted children can feel abandoned and develop attachment issues. The needs and concerns of all three parties—birthparents, adoptive parents and the adoptee—need to be considered. Here are some ethical guidelines for adoption.

The Birthparents

Birthparents who consider adoption and seek information on adoption are generally under a great deal of stress. Adoption professionals need to be very clear about all the options available, carefully and honestly describing the advantages and disadvantages of each option. If the birthparent opts to place the child up for adoption, the adoption professional should make certain they understand the different types of adoptions—public and private, open and closed. Before making a final decision, a birthparent should know whether they will know who the adoptive parents are and where they live, as well as whether there will be any continuing contact with the child.

Birthparents should also be educated about the potential emotional consequences of putting a child up for adoption. Birthparent may experience a broad spectrum of emotions, from loss and grief to guilt, shame or low self-esteem. Adoption professionals should make certain that birthparents have information about support groups, counseling and other resources to deal with post-adoption challenges.

The Child

In all adoptions, the primary goal and the focal point should be the best interests of the child. Adoption professionals should clearly determine the needs of the child, and work to implement an adoption that will best meet the child’s needs.

Studies indicate that the best interests of the child are best-served in a permanent home, where the child will receive consistent and loving care. If that can be done in the birthparents’ home, adoption professionals should support keeping a child with birthparents, particularly if there are siblings with whom the child has established a bond. If it’s clear that staying with birthparents is not in the child’s best interests, the adoption professional should seek a permanent placement as soon as possible, to minimize the potential negative impact on the emotional growth of the child. In addition, if the child has siblings, all efforts should be made to keep siblings together.

The Adopting Parent(s)

Adopting parents can just as easily be exploited, as the desire to have a child can blind them to the realities of the situation. Adoption professionals should clearly explain the different types of adoption proceedings, making certain that adoptive parents know that they can use different agencies, or can adopt without the assistance of an agency. All potential costs should be disclosed up front, and adoptive parents should clearly understand if there will be any communication or contact with the birthparent after the adoption is finalized. Adoptive parents should also be educated about potential emotional challenges the child may face, including acting out and attachment disorders.

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.

Several years ago United States citizens adopted about 22,000 children from foreign countries in the space of one year. That number has been decreasing at a very rapid rate and in 2013 there were over 7,000 international adoptions.

There are a number of reasons this has occurred. One involves the participation of the United States in the Hague Treaty involving international adoption. Many of the safeguards that have been put into place to prevent child trafficking have actually made it more difficult to adopt children who are available for adoption and are languishing in orphanages in foreign countries. In fact, many U.S. adoption organizations as well as the American Academy of Adoptions Attorneys had written Secretary of State John Kerry asking him to take whatever steps were needed to improve the processing of these adoptions so as to advance the best interest of these children.

Senator Mary Landrieu of Louisiana has been instrumental in the drafting of a bi-partisan bill known as CHIFF (Children in Families First) which may help remedy this problem and streamline the processing of international adoptions, while nevertheless making sure that everything is being done as per all international and US law.

Because of the decrease in foreign placements, many families that are looking to form their families through adoption and had been considering international adoption, have now focused on domestic placements. Anyone who is considering adopting would be well served by dealing either with a reputable licensed local adoption agency and/or an experienced adoption attorney such as one of the Fellows of our academy, 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.

Taking Care of Your Grandchildren: Custody, Adoption and Guardianship

If your adult children don’t have the capacity to care for their minor children, you may be contemplating asking the court to give you legal responsibility and rights to raise your grandchildren.

One option is to seek custody of your grandchildren, so that they will legally reside with you. You can obtain custody if the parents voluntarily grant it, or you can petition the court to give you custody. In custody arrangements, the child’s parents still retain some rights regarding the child, including a right to visitation. In addition, grandparents can ask the court to order payment of child support.

Another option is adoption. To legally adopt your grandchildren, you must obtain voluntary or involuntary termination of all parental rights from both parents. The parents will have no right to visitation, but you will not be able to seek child support either.

A third option is guardianship. Guardianship is closer to custody than adoption, and is typically granted when the court determines that the existing parent or legal guardian lacks capacity to take care of and provide for the child. As the guardian of your grandchild, you are charged with providing adequate care, and may also have responsibility for managing any assets of the child. With a guardianship, even though the parents have relinquished most rights, they may still have the right to see their children. In most instances, a guardianship does not allow you to seek child support.

To become the legal guardian of your grandchild, you must file a petition with the court seeking to be appointed guardian. As a general rule, you must state the specific reasons why the parents are not capable of meeting the child’s needs. Ideally, the parents will recognize their inability to care for their children and acknowledge such to the court. If they don’t, you may have to participate in hearings to determine the fitness of the parents.

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.

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.