Egg Donor Contracts

How Do Egg Donor Contracts Work?

Many people looking to conceive struggle with infertility and require help. Often, that fact only becomes known after trying to have a child for six months to a year or even longer. An egg donor might be the best solution for starting a family in that situation.

What Is an Egg Donor Contract?

An egg donor contract is a legal document that explains the rights and obligations of all the parties involved when someone seeks donor eggs to start a family. All parties are also protected under the terms of the contract. Egg donor contracts also state that the donor has no legal or custody rights to children born from their eggs.

What Is Included in Egg Donor Contracts?

If you need fertility assistance and are leaning toward donor eggs as an option, a New Jersey adoption attorney can help you once you find a donor and need to finalize a contract. The following are the details included in any such formal agreement.

All egg donor contracts include clauses that outline the intended parents’ rights and control over the donor eggs and any embryos that may result. This gives them the right to determine how and when to use any eggs, when to have their children through in vitro fertilization, when to donate the eggs to other people, or for medical research purposes if they so choose. In some cases, the donor might wish to know what happens with the eggs; if a part of the contract allows it, the donor has the right to see how the eggs are used.

A confidentiality clause prohibits all parties from disclosing one another’s identity without consent. In addition, egg donor contracts include timelines for medical procedures based on the intended parents’ and donors’ schedules and availability.

If the donor must travel to the fertility clinic of the intended parents’ choosing to undergo a screening and egg retrieval, travel expenses must be decided. The donor can then have periodic appointments for monitoring at a fertility clinic closer to her location. The intended parents pay the expenses for the donor’s travels.

All egg donor agreements include information about compensation paid to the donor. This is done through an escrow account. Fees are paid based on egg retrieval or after the donor receives fertility medications. Donors are paid even if a cycle fails or is canceled.

The intended parents and donor decide how much contact, if any, they want to maintain in the future. Egg donors are required to inform the intended parents of any changes in their health. This can extend into the future based on how future contact is handled.

There is also a provision regarding potential complications the egg donor might experience. Although many egg donor cycles occur without incident, this clause is necessary if something goes wrong. The intended parents are responsible for buying health insurance coverage for the donor.

Who Are Good Donor Egg Recipients?

There are many distinct reasons why a person or couple would make good donor egg recipients. Fertility issues and other reasons might make it challenging or impossible for some women to have biological children. Donor eggs are ideal for those who are over the age of 40. Once women pass 40, the number and quality of their eggs decrease. Even if a pregnancy does occur naturally, there is a higher risk of miscarriage due to chromosomal abnormalities. This is why donor eggs are a good option.

Women with primary ovarian insufficiency are good candidates for donor eggs. The condition causes the ovaries to fail between the ages of 15 to 44, making it difficult to become pregnant naturally.

Women are also good donor egg recipients if they have already reached menopause, and suffer from certain genetic disorders they don’t want to pass on to their children. In addition, some LGBTQ couples are good candidates for donor eggs. Women who have undergone a hysterectomy are also good candidates if they use a gestational carrier in combination with donor eggs.

If you need legal assistance entering an egg donor contract, contact a New Jersey adoption attorney at Cofsky & Zeidman LLC at your earliest convenience at (856) 429-5005 in Haddonfield or (856) 845-2555 in Woodbury.

An Overview of Assisted Reproduction

A Comprehensive Overview of Assisted Reproduction

Assisted reproduction involves the use of different technologies to help improve a person’s chance of becoming pregnant. The Centers for Disease Control and Prevention has found that just under 2% of U.S. children were born by using one of the assisted reproduction techniques. These techniques include everything from in vitro fertilization to intrafallopian transfer.

What Is Assisted Reproductive Technology?

All assisted reproduction technologies (ART) are administered to people who would like to use an alternative method to become pregnant. The complicated treatments are designed to influence the sperm and eggs in a manner that boosts the likelihood of fertilization.

While many people can request the use of ART, these technologies are mainly provided to those who have attempted to become pregnant with other infertility treatments without success. Another reason to use ART is to avoid the complications that can occur during a pregnancy. Health care professionals and fertility specialists can help you determine if assisted reproduction is right for you.

IVF Method

In vitro fertilization (IVF) involves the extraction of eggs to have them fertilized in a lab. Specialists are able to combine this technology with the embryo transfer technique to move the embryos directly to an individual’s uterus. Currently, around 99% of assisted reproduction procedures involve IVF. Success rates for this technology are:

  • 35 or younger: 52%
  • 35-37: 38.1%
  • 38-40: 23.5%
  • Over 40: 7.6%

If IVF isn’t successful the first time, it’s possible to pay for another cycle. While this technology improves the chances of pregnancy, possible complications include fertility drug side effects, an ectopic pregnancy, and multiple pregnancies.

Frozen Embryo Transfer

Frozen embryo transfer (FET) is a relatively modern technique that occurs when IVF embryos are frozen before being inserted into an individual’s uterus. This technique is considered to be just as safe and effective as using unfrozen embryos. However, there’s a risk that some of the embryos won’t survive during the thawing process.

Intrafallopian Transfer

An intrafallopian transfer is similar to IVF but is designed to use a laparoscopic surgery for the delivery of gametes into a person’s fallopian tube. The main complications with this form of assisted reproduction involve surgical issues, which extend to anesthesia side effects and infection. These transfers are rarely used because they cost more than in vitro fertilization.

Intracytoplasmic Sperm Injection

An intracytoplasmic sperm injection (ICSI) is a special procedure that may be performed with IVF to fertilize one or more eggs. An embryo specialist will place a small needle directly into the egg’s center. This injection process allows the sperm to be placed in an area that might increase the chances of pregnancy.

When you opt for this technique, around 50-80% of all eggs will be fertilized. The success rate for ICSI is similar to IVF and is ideal for individuals who are currently experiencing infertility because of sperm-related issues. Keep in mind that ICSI is typically added to IVF, which means that the treatment costs must take IVF into account.

A couple risks of using this technology include the possibility that some of the eggs could be damaged and that the egg may not grow even after the injection takes place. In the event that an individual becomes pregnant through natural means, the potential for a major birth defect is around 1-3%. However, this doesn’t mean that the treatment is the cause of the defect. Instead, the underlying cause for the infertility could be the issue.

Third-Party Technology

Third-party assisted reproduction occurs when someone else donates their embryos, eggs, or sperm to a person or couple. This process might also involve a surrogate for the embryo. Since the use of third-party assisted reproduction means that another person will be involved in this process, you could seek legal assistance from a New Jersey adoption attorney like ours to help you navigate the situation and understand what your legal rights are.

Past results from these procedures indicate that around 50% of transfers from donated frozen embryos lead to pregnancy. There are several reasons why people choose to use this technique. For one, there’s a possibility that it might work even after IVF has failed. It could also help people who have been unable to produce a sperm or egg while trying to get pregnant.

Third-party ART can also help you avoid passing on a genetic health condition that you might have. If an individual has produced healthy eggs but hasn’t been able to reach the end of pregnancy, this procedure can assist them in carrying the pregnancy to term. Egg donation is the most inexpensive form of third-party ART. In comparison, a surrogacy arrangement can cost anywhere from $50,000-$150,000.

While the law regarding assisted reproduction technologies is still developing, you should consider having legal representation by your side when entering into an assisted reproduction agreement. Call our New Jersey adoption attorney today at (856) 429-5005 to set up your first appointment.

Adoption vs. An Embryo Donation

The Pros of Cons of Embryo Donation

In vitro fertilization has become far more common in recent years, which has given rise to a corresponding increase in embryo donations. The couples who choose IVF desperately want to have children, and many of them choose to donate their unused embryos to help others in the same predicament. Embryo donation remains fairly rare compared to adoption, but there are several reasons why prospective parents might find it an attractive option.

Embryo Donation Is Less Expensive Than Adoption

The adoption process can be grueling for prospective parents, and it can also be financially draining. The cost of adopting a child in the United States is usually between $15,000 and $40,000 when an agency is involved, and not all of this money is refunded if the adoption does not go through. Embryo donations often involve couples who know each other, so the only costs they face are fees charged by IVF clinics. Embryo donation agencies have started to appear, but the fees they charge are much lower than the costs of traditional adoption.

Embryo Donation Is Faster Than Adoption

The conventional adoption process can be particularly hard on couples that hope to adopt an infant. Couples wishing to adopt a newborn baby face a wait of at least two years, and couples who are open to adopting toddlers face waits almost as long. Thousands of embryos available for donation are being stored in IVF clinics all over the country, which means the wait times for prospective parents who choose this approach are usually measured in months rather than years.

Pregnancy and Childbirth

Most of the couples who pursue traditional adoptions would prefer to get pregnant and have a baby naturally if they could. Embryo donation allows couples to enjoy this life experience, and it also gives them a level of control over the pregnancy that they would not have in adoption. When a child is adopted, the new parents can never be completely sure that the birth mother acted responsibly when she was pregnant.

The Risks of Embryo Donation

Speed, affordability, and the chance to experience pregnancy can all make embryo donation an attractive alternative to adoption for couples who want children but cannot conceive, but there are also risks to consider. Not all pregnancies go smoothly, and there is no guarantee that an embryo donation will lead to a live birth. With an adoption, prospective parents can expect a healthy child to be waiting for them at the end of the process.

Donated Genetic Material

Couples may choose donated sperm or eggs as an alternative to embryo donation. Embryo donation may seem the more attractive option because the donated embryos will be healthy, but there will only be a limited number available. Donated sperm and eggs are easier to acquire, and they may also cost less than healthy embryos.

Legal Issues

The growing popularity of embryo donation has raised a few legal issues. Prospective parents in states like New Jersey where embryos are considered property should make sure that both parents consent to the donation, and the enforceability of embryo donation contracts is far from certain in some parts of the country. If you have questions about any of these issues, a New Jersey adoption lawyer may provide you with guidance.

Helping Couples Who Want Children

The experienced family law attorneys at Cofsy & Zeidman have helped hundreds of couples to experience the joy of welcoming children into their homes. If you are thinking about embryo donation but have some questions, you should speak with one of our New Jersey adoption lawyers with experience in this area. To schedule a free consultation, you can either call our main Haddonfield office at (856) 429-5005 or use our online form. We also have offices in Woodbury and Philadelphia.

How A SCOTUS Ruling May Affect Native American Adoptions

SCOTUS Expected to Rule on Native American Adoptions

A lawsuit that has reached the U.S. Supreme Court may change the law surrounding the ability for people to adopt Native American children. In the U.S., upwards of 135,000 children are adopted every year. If you’d like to file for an adoption, our New Jersey adoption attorney can help protect your legal rights and understand what the adoption process entails.

The Indian Child Welfare Act and the Lawsuit Against It

In early November, the Supreme Court heard arguments in Haaland v. Brackeen, which is a series of cases that aim to have the Indian Child Welfare Act overturned. This law was officially enacted in 1978 and was designed to reduce the number of Native children who were being separated from family members. The law also provides tribal nations with a say in any child welfare case that involves a child associated with a federally recognized tribe.

Currently, this law has placement preferences that provide the child’s extended family with priority when it comes to adoption. The child’s tribe and other Native families also have priority over non-Native individuals. This case was brought forth by a white couple living in Texas who had difficulties adopting a child from the Navajo tribe that they were previously fostering.

Along with other foster parents throughout Texas, the couple states that the Indian Child Welfare Act puts them in last place to adopt Native children, which they believe is a form of racial discrimination. Before the Indian Child Welfare Act was enacted, thousands of children ended up being removed from their homes to go to boarding schools in an attempt to make them become more accustomed to white American society. In this situation, these children were unable to maintain their culture and speak the languages that their tribes spoke.

This problem was further exacerbated when the federal government created the Indian Adoption Project, which centered around placing Native children in white homes. Because of the almost immediate erosion of culture and language within the Native communities, Congress made the decision to pass the Indian Child Welfare Act to make sure that Native children were able to keep their connections to their communities.

What Opponents of the Law Say

Opponents of this law are mainly conservative organizations like the Goldwater Institute. They argue that this law imposes standards that make it much more difficult for Native children to get into stable homes with people who will love them.

At the moment, there are a large number of Native children in foster care, which critics of the aforementioned law believe is the result of there not being enough Native homes to place these children in.

While many Native children are placed in foster care, this arrangement is meant to be a temporary one. The primary goal of this process is to eventually have the child reunite with their parent or find a home that best suits them. Keep in mind that the Indian Child Welfare Act contains some exceptions for the permanent placement of Native children.

The proponents of this law state that the guidelines mentioned in the Indian Child Welfare Act are just preferences that still provide non-Native families with the means to adopt Native children. In most cases, the judge overseeing the adoption process has discretion over what the result of the case is. Some of the plaintiffs also state that this law is racist since it gives preference to Native relatives and Native families as opposed to non-Native individuals.

How Tribal Nations Have Responded

Representatives of many tribal nations state that the Indian Child Welfare Act is necessary to protect their future and the future of their government. In the event that the Supreme Court rules that Native American tribes are racial groups as opposed to political entities, the law would be considered unconstitutional. Tribal nations fear that the legal standing for their tribal sovereignty would then be in question.

The plaintiffs have also argued that the U.S. Congress overreached when they created the Indian Child Welfare Act, which tribal nations believe could make it easier for Title 25 of the U.S. Code to be disputed. Title 25 is a portion of the law that centers around Native Indians and tribes.

If you’re thinking about adoptiion, having an experienced attorney by your side should simplify the process and help you navigate any hurdles that arise. Call our New Jersey adoption attorney today at (856) 429-5005 to schedule an appointment at our Haddonfield office.

Traditional vs. Gestational Surrogacy

What Are the Differences Between Traditional and Gestational Surrogacy?

Surrogacy is a way for people with certain fertility struggles to still experience the joys of parenthood. It involves both the surrogate who carries the child and the parent or parents who will raise the child.

While the surrogacy process looks fairly similar from case to case, there are actually two different types of surrogacy: traditional and gestational. Here, we’ll explore the key differences between these two types of surrogacy so that you can better understand which one may be right for your family.

What Is Traditional Surrogacy?

In traditional surrogacy, the surrogate is also the biological mother of the child she carries. The child will carry the genetic material of the surrogate and the intended father. This typically occurs through artificial insemination.

Before the advent of in-vitro fertilization (IVF), traditional surrogacy was the only type of surrogacy available. Now, traditional surrogacy only accounts for a small percentage of surrogacy cases. If you are interested in this type of surrogate pregnancy, you may want to speak with a New Jersey adoption attorney about any potential legal complications, such as parenthood disputes.

What Is Gestational Surrogacy?

In gestational surrogacy, the surrogate is not the biological mother of the child. Rather, she is simply carrying the child for the intended parents. The child will only carry the genetic material of the intended parents.

This is accomplished through IVF, in which the egg of the intended mother (or an egg donor) is fertilized with the sperm of the intended father (or a sperm donor). The embryo is then implanted into the surrogate’s uterus, and the surrogate will then carry the pregnancy to term.

Gestational surrogacy has become the preferred type of surrogacy as it allows the intended mother to still have a biological connection to her child. It also allows for more control over the process and eliminates many of the emotional and legal complications that could arise from traditional surrogacy. However, legal issues have arisen in many gestational surrogacy cases, so it is still a good idea to speak with a lawyer if you are considering this type of method.

Which Option Is Right for Your Family?

The type of surrogacy that is right for your family will come down to a number of different factors, including personal preference and the particular reason for pursuing surrogacy in the first place.

Traditional surrogacy is often pursued when the intended mother has struggled to conceive with her own eggs. If the surrogate is a close friend or relative of the intended parents, traditional surrogacy may also be the preferred option.

When there is not an egg quality issue, gestational surrogacy is often pursued when the intended mother is unable to carry a child herself. This could be due to a medical condition, such as endometriosis, or because she does not have a uterus. However, if you are interested in using another woman’s eggs to conceive, either gestational or traditional surrogacy may be an option.

Final Thoughts

While both types of surrogacy aim to end with the intended parents taking home a healthy baby, the method of accomplishing that goal varies greatly between traditional and gestational surrogacy.

If you are leaning towards any type of surrogacy, it’s important that you do your research to ensure that it’s the right decision for your family. Each type of surrogacy can have its own legal, financial, and emotional complexities. You’ll want to be sure that you understand all of the potential risks and rewards before moving forward.

One way to learn more about surrogacy is to speak with a New Jersey adoption attorney who is well-versed in surrogacy matters. They will be able to answer any questions you have about the legalities of the process and help you determine whether either type of surrogacy is the right path for your family. Get started with your surrogacy journey by contacting Cofsy & Zeidman at (856) 429-5005 today. We are located in the Camden County borough of Haddonfield.

Telling Your Child That They Were Adopted

How to Tell Your Child That They Were Adopted

When your child asks where they came from, it’s important to be honest with them about their adoption. Here are a few tips on how to have that conversation.

The Importance of an Honest Conversation

Early disclosure about your child’s adoption is essential for their sense of self-esteem. It shows your child that their caregivers are trustworthy and can be counted on to give them accurate information, which helps to foster a strong attachment bond.

This will serve them well as they navigate their way through the challenges and transitions of adolescence and adulthood. When children are raised to believe that they can trust their caregivers, they will be more trustworthy and receptive to other people, which will set them up for success in all areas of their lives.

In contrast, when adoptees learn the truth in late childhood, adolescence, or adulthood, they often feel an overwhelming sense of betrayal. The adoption itself is not what hurts; it’s the sense that their parents were not honest with them about their origin and identity. This can be a trauma that takes a lifetime to heal.

When to Start Talking to Your Child About Their Adoption

To avoid the potential for this type of trauma, it’s best to start talking about your child’s adoption as early as possible. This applies even if you adopted your child as an infant.

In many cases, there is no need to sit down for a formal “talk.” You can simply integrate information about their adoption into your everyday conversations. For example, you can begin by simply using the word “adoption” in a sentence when you’re talking about your family.

You can also read books about adoption with your child. There are many great children’s books that explain the concept of adoption in a way that is developmentally appropriate. This can help to normalize the experience for your child and give them a starting point for asking questions.

Once your child is old enough to understand the concept, you can have more in-depth conversations about their adoption, allowing your child to set the pace. You can share with them as much or as little information as you feel comfortable with. It’s important to be honest and open but also to respect your child’s need for privacy and space to process this information. If they have any legal concerns about their adoption, you can also help them work with a New Jersey adoption lawyer.

How to Tell Your Child That They Were Adopted

If you have not talked about your child’s adoption with them before, it’s never too late to start. When you’re ready to have the conversation, sit down with your child and explain that you want to talk about how they came into your family. Avoid immediately jumping into a discussion of their birth parents. Instead, focus on how much you love them and how grateful you are that they are part of your family.

There is no one “right” way to tell your child that they were adopted. The most important thing is to be honest and open. You can also tailor your approach to fit your child’s individual personality and needs.

Some adopted children prefer to receive all of the information about their adoption up front. Others prefer to gradually learn more over time. There is no wrong way to do this as long as you are respecting your child’s wishes.

What to Do if Your Child Is Struggling With Their Adoption

It’s normal for adoptees to experience a range of emotions about their adoption. These emotions can range from positive to negative and can change over time. Some common emotions that adopted children may feel include grief, loss, anger, shame, and guilt. It’s important to allow your child to express these emotions and validate their feelings.

If your child is struggling with their adoption, there are many resources available to help. You can talk to your child’s doctor or therapist or contact an adoption support group. You may also want to work with a New Jersey adoption lawyer if there are legal issues that need to be addressed. For example, if your child is over the age of 18, they may have the right to access their original birth certificate.

An experienced New Jersey adoption attorney can help you navigate these complicated legal issues and protect your family’s rights. Contact the Haddonfield office of Cofsy & Zeidman today at (856) 429-5005 to schedule a consultation. We’re here to help.

All About the Hague Convention on Intercountry Adoption

How Can You Adopt a Child From a Treaty Country?

The Hague Adoption Convention allows American families to adopt children from other countries. The convention simultaneously protects children from trafficking, exploitation and other abuses. Families looking to adopt a child from a Hague country must meet certain criteria to ensure that the child will be safe in their new homes.

What Is The Hague Adoption Convention?

The Hague Convention is short for the “Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.” It was created in 1993 in the Netherlands as an international law to protect children during international adoption and is one of many laws by the Convention.

When prospective parents wish to adopt a child through intercountry adoption, they are required to meet certain criteria. The Hague Convention aims to match children with the best potential families.

What Are the Benefits of Adopting a Child from a Hague Country?

Certain countries are considered Hague-accredited. When a child is available for adoption from one of those countries, families in their birth country have first priority to offer them a home. However, if it’s impossible for these children to be adopted in their home countries, American families can adopt them as long as they meet certain criteria.

There are notable benefits of adopting a child from a Hague country. Adoption through The Hague Adoption Convention offers families more resources. There is a specific established process in place for adoption and decisions are made quickly so that families know whether they have the opportunity to adopt. The family is also provided with all medical and social information about the child they plan on adopting. They also get access to an international adoption doctor.

Children get to benefit by being adopted by loving families. Through Hague Convention adoption, children are also able to be protected against potential trafficking.

What Is the Criteria for Adopting a Child from a Hague Country?

Prospective parents wishing to adopt a child from a Hague country must meet strict requirements. A New Jersey adoption attorney can assist you with information to help the process along. The following requirements should be met:

• Prospective parents must be United States citizens who live in the U.S.
• Those adopting as a couple must both sign Form I-800A.
• Prospective parents who are unmarried must be at least 24 years old upon signing Form I-800A and 25 when filing Form I-800.

In addition to these basic requirements, you must also meet the criteria required from the country from which you wish to adopt. All countries have their own set of rules including the age of prospective parents, marital status of the parents, sexual orientation of the parents and age difference between the parents and child.

Parents are also required to take a 10-hour pre-adoption course for adopting a child from a Hague Convention country. This helps to educate parents on the child’s history and special needs. For example, some children have a history of trauma.

How Does the Adoption Process Work?

When you decide to go with intercountry adoption through a Hague country, there are three sets of laws to follow: United States federal law, state law and the laws of the child’s country of origin. Parents wishing to adopt should expect the process to take one to four years depending on the situation and country. However, the adoption process may take even longer in some circumstances. A New Jersey adoption attorney can help make the process as smooth as possible.

There are eligibility criteria for children from Hague countries being adopted. The following must be in place for adoption to be possible:

• The child is younger than 16 when Form I-800 is filed or under 18 and a sibling of a child younger than 16 who has been or will be adopted by the same parents.
• The child will be adopted by a married couple where both spouses are at least 25 years old and at least one spouse is a U.S. citizen who has resided in the U.S. and the U.S. Customs and Immigration Services (USCIS) has found that couple suitable to adopt.
• The Central Authority of the child’s home country has determined that the child is eligible for intercountry adoption and has proposed placement that was accepted but the child hasn’t yet been placed in custody.
• The child’s birth parent or parents or other legal guardian has given consent to the adoption and agreed to terminate their parental or guardianship rights.
• The child’s birth parents are considered incapable of caring for the child if they signed the consent form to give up the child for adoption.

If you live in New Jersey or Pennsylvania and are interested in adopting internationally through The Hague Convention, contact one of the New Jersey adoption attorneys at Cofsky & Zeidman by calling us (856) 429-5005 at your earliest convenience.

How Much Does It Cost to Adopt a Child?

The Costs of Adoption: What to Expect

The cost of adoption varies depending on the type and the specifics of your situation. While it may be possible for a public adoption to cost less than $1,000, you can’t always rely on that figure. In some cases, the expenses associated with adopting a child might be in excess of $50,000 when all is said and done.

Adoption is often a costly and drawn-out process, but there’s a good reason for that. These hurdles are partly in place to make sure that the people who end up being approved are genuinely committed to the role of parenting these children in need.

Allow for More Costs Than You Expect

It’s likely that your emotions will be tried just about as much as your finances. No matter what, you should expect the process to take a significant amount of time.

It’s a good idea to set aside more funds than you think you’ll need and give yourself plenty of time. You don’t want this to be a stressful process for the child, your partner, or other family members – not to mention yourself.

There are different types of adoption, each one with its own costs and resultant price range. It’s helpful if you know what to expect from each and learn which one is right for your situation ahead of time. This will allow you to handle everything more smoothly, avoiding wasted time and money while ensuring the best possible outcome.

Help Is Out There

If you’re feeling overwhelmed already, it may help to remember that you don’t have to cover all the costs yourself. Adopting a child is a major endeavor, and trying to handle everything alone often turns into an exercise in futility.

Luckily, it’s easier than ever to reach out for help nowadays. You’d be surprised by all the places you can find it and how many people are willing to pitch in. Numerous parents have utilized online fundraisers to pay for the myriad adoption expenses. Grants and personal loans are also viable options.

Adopting Through Public Welfare

A public agency adoption is one route you can take if you’re working with a tight budget. You’ll start off as a foster parent when adopting through the public welfare system.

There’s a specific agency for each state that’s in charge of placing foster children with adoptive families. These agencies are responsible for distributing licenses, overseeing kids’ education, and providing support when it’s needed.

The benefit of adopting through foster care is that it saves a substantial amount of money when you compare it to other adoption options. You can usually cover all associated costs of adopting a child this way with $1,000 or less because foster adoptions come through the help of federal programs that provide assistance to foster families. These are programs meant to entice adoptive parents because, sadly, foster care kids have often already passed the “prime” age for adoption.

The foster care system is also full of kids who have had difficult experiences and likely suffered trauma because of them, or they may have a disability that requires special care. There will be more obstacles to overcome than most children face, and the adoptive parents will need to step up in every possible way to facilitate that.

If you think adopting a child through the foster care system is right for you, many helpful resources may be found through the Children’s Bureau, which is a federal agency. This is where you can find a trove of information on adoption-related topics and reliable assistance to guide you through the process. The Children’s Bureau also breaks things down for every state, so you’ll know you’re looking at the guidelines that are relevant to you.

Independent and Private Adoptions

Other options include private and independent adoption. With private, it’s up to the parents to find an attorney or work directly with the adoption agency that they choose. Either way, the process is similar. A home study, placement, counseling, training, and legal documentation are the steps that comprise this route to adoption.

But the price isn’t always consistent going directly through the adoption agency. It may be as low as $30,000 and as high as $60,000, leaving considerable room for uncertainty in the middle. For independent, on the other hand, you might want to retain a New Jersey adoption lawyer.

The obstacles between potential adoptive parents and children are there in part to make sure they’re in it for the long haul. It’s a way of verifying not just that they are fit to be parents – they also have to be the right fit for this particular child.

If you’re trying to figure out adoption and feel lost, you are not alone. Help is out there, so give us a call today at (856) 429-5005 for a New Jersey adoption lawyer or request a consultation with Donald Cofsky.

International Adoptions and the Hague Adoption Convention

How the Hague Adoption Convention Shapes Intercountry Adoptions

The United States welcomes more children through intercountry adoption each year than any other nation in the world. In fact, since 1999, more than 250,000 international adoptions have been finalized in the U.S. It can be a complicated process that requires representation of an attorney skilled in international adoptions, but the Hague Adoption Convention has formalized that process and gives the adopting parents peace of mind that the child is not exploited and has been protected.

Hague Adoption Convention

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption is an international agreement to formalize international adoptions and protect the children involved. This convention is often referred to as the Hague Adoption Convention for short and not just the Hague Convention as to differentiate it from the pre-War World I series of treaties that were the Hague Conventions of 1899 and 1907. The U.S. signed the Hague Adoption Convention in 1994.

How the Hague Convention Protects Children

The Convention requires that all participating countries establish a Central Authority. The Department of State serves as the U.S. Central Authority. These centralized authorities are in place to vet prospective adoptions and ensure that the child has not been abducted, sold or trafficked. An authority also ensures that a child is eligible for international adoption according to local laws and that the necessary measures have been taken to find a home for the child in its country of origin.

U.S. Convention Process

Not all adoption agencies are eligible to provide services related to an intercountry adoption in the U.S. An agency must either be accredited or approved on the federal level. This ensures the adopting parents that they are dealing with an Accrediting Entity or what is known as an Intercountry Adoption Accreditation and Maintenance Entity, Inc. or IAAME in the language of the convention. An Accrediting Entity is evaluated on an ongoing basis and is not in violation of any professional or ethical practices.

U.S. Intercountry Adoption Act of 2000

Adherence to the Hague Adoption Convention has been a complex and time-intensive endeavor for all participating countries. In the U.S., it was implemented through the Intercountry Adoption Act of 2000. The IAA, for instance, implemented the rules and regulations for accrediting entities. It also requires the Department of State to verify that each intercountry adoption completed in the U.S. is in accordance with convention regulations and then issue a certificate from the Secretary of State.

Universal Accreditation Act of 2012

The Intercountry Adoption Universal Accreditation Act of 2012 expanded federal regulation in the U.S. It specifically extended the oversight and ongoing monitoring of approved and accredited adoption services within the U.S. It also extended all safeguards defined by the convention to nonparticipating countries. This means that U.S. adoption agencies must oversee all international adoptions as convention adoptions, even if the child is from a country that did not agree to the convention.

Post Adoption

Adoptions in general are often complex. Intercountry adoptions can be even more so. Parents adopting in New Jersey are encouraged to hire a New Jersey adoption lawyer to help them navigate the process. Even after you receive the child’s Hague Adoption Certificate or Hague Custody Certificate from the U.S. Embassy or Consulate, there is still much to do. You must acquire U.S. citizenship for the child so that the child is not subject to deportation and will have access to all privileges with age, such college scholarships and the right to work and vote. Depending on the country of origin, you may also have post-adoption and post-placement reporting responsibilities.

Are You Considering an International Adoption?

If you are considering an international adoption and live in New Jersey or Pennsylvania, the Law Office of Cofsky & Zeidman, LLC, is here to help. New Jersey adoption lawyer Donald C. Cofsky has personally overseen more than 1,500 adoption cases since joining the bar in 1974. You can contact us online or reach our Haddonfield, NJ office at (856) 429-5005, our Woodbury, New Jersey office at (856) 845-2555 or our Philadelphia, Pennsylvania office at (215) 563-2150.

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