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.

Adoption vs. Legal Guardianship: Which One Is Right for You?

How to Choose Between Adoption and Legal Guardianship

Each year, thousands of children end up with a primary caregiver who is not their biological parent. If you’re caring for a child who is not biologically yours, you have the choice of adopting them or seeking legal guardianship. To figure out whether legal guardianship or adoption will work better for your situation, you need to ask a few questions.

What Responsibilities Does Each Process Give You?

First of all, it can be helpful to consider what each process will mean for your daily life. Both adoptions and legal guardianships come with most of the same duties. You will need to ensure that the child is safe, healthy, happy, and well cared for. Both guardians and adoptive parents must provide a child with food, clothing, shelter, and age-appropriate care. Whether you are a guardian or adoptive parent, you will be able to make medical, financial, and educational decisions on the child’s behalf.

How Long Do You Want Your Responsibilities to Last?

A guardianship is usually a temporary situation. The guardian cares for the child while the parent can’t, but the guardianship is set up to end when the parent asks, after a certain amount of time, or when the child is 18. Though you might still have a parental relationship with the child once guardianship ends, you won’t automatically be considered the child’s family from a legal perspective. Meanwhile, once your New Jersey adoption attorney finalizes your adoption, you are the child’s parent for the rest of their life. This means that your care for your child can extend long past the age of 18. For example, if your adult child gets into an accident at college, their school would contact you as the child’s legal next of kin. To have the same level of involvement in an adult child’s life, a former guardian would need to fill out extra paperwork once the child turned 18.

Do You Want the Other Parents to Still Be Involved?

One of the main differences between guardianship and adoption is what happens to the child’s former parents. In an adoption, the court formally removes the previous parents’ rights and transfers them to you. Meanwhile, in a guardianship situation, the original parents still have their rights. Not only can they make decisions for the child, but they can potentially terminate the guardianship. All of this additional input can be great if you’re a grandparent caring for your grandchild while the parent is working overseas. However, if the biological parent doesn’t provide appropriate care to the child, you might want to seek adoption and ensure the previous parent cannot show up and disrupt the child’s life.

How Much Time Do You Have for Legal Matters?

Guardianships tend to be a much simpler process. You sign a few papers and are able to care for the child. Many guardians never have to go to court, and home studies aren’t usually required. Meanwhile, the adoption process tends to be lengthier. The simplest adoptions tend to be family adoptions where all parties consent, and even then, you usually have to fill out several documents and submit them for the court’s approval. If you adopt through the foster system or through a private adoption agency, things can take even longer. You may need to prepare your home for an inspection, petition the court to remove previous parents’ rights or take other steps to complete the process.

Ultimately, adoption tends to give you most of the same day-to-day responsibilities as a guardianship. However, adoption is more permanent and long-lasting. If you’re still not sure which process would work best for you, talk to a New Jersey adoption attorney. At Cofsky & Zeidman, we’re happy to go over your options and help you find the most effective solution for your family. To schedule a consultation at one of our convenient offices, contact us today. We can be reached by calling 856-429-5005 or by filling out and submitting our online form.

Everything You Need to Know About Stepparent Adoptions

Your Guide to Adopting Your Stepchild

If you’re one of the 30 million Americans who are a stepparent, you probably have a very strong relationship with your stepchild. In some cases, stepparents may want to formalize this relationship by adopting their stepchild. Understanding how stepchild adoption works can help you decide whether it is right for your family.

Benefits of Adopting Your Stepchild

There are many advantages to adopting your stepchild. First of all, it makes you one of their legal guardians. You can do things like picking them up from school or accessing their medical records without requiring authorization from your spouse.

Even more importantly, stepparent adoption ensures you can stay in the child’s life if something goes wrong. You’ll still have custodial rights if you divorce your spouse. In the unfortunate event of your spouse dying, adoption ensures your child can stay with you instead of ending up with biological family members or foster parents.

Finally, stepchild adoption has a lot of emotional benefits for you and the child. It’s a great way to reassure an anxious child and show you’re not going anywhere. Being legally adopted helps to confirm that you see your stepchild as one of your children.

Can You Adopt if the Biological Parent Is Still Alive?

A common misconception is that stepparent adoption is only allowed when the other biological parent has passed away. This isn’t necessarily true. New Jersey adoption laws simply require you to terminate the other parent’s rights before proceeding with the adoption.

There are a few ways to go about this. The easiest option is simply having the biological parent sign away their rights. If the biological parent doesn’t consent, you can move to have their rights terminated. Typically, you will need to show the court that the biological parent isn’t fulfilling basic parental responsibilities. You can get a termination if the biological parent has abandoned the child or if they have been abusive or neglectful.

Is Stepparent Adoption Easier or Harder Than Regular Adoption?

Other than the hassle of having to deal with a nonconsenting biological parent, stepparent adoption is fairly straightforward. Unlike other forms of adoption, you are usually already caring for the child, and the child will also typically be living with one of their other legal parents. Therefore, the state has fewer tests you have to pass.

You do not have to undergo a lot of parental training courses or have your house pass a rigorous inspection. You also don’t have to meet financial requirements or pay agency fees. This makes the whole adoption process a lot easier. Instead of having to deal with months of waiting and tests, adoption mostly just consists of filling out some standard paperwork with a New Jersey adoption lawyer and submitting it in court.

Understanding the Steps of Stepparent Adoption

When you’re adopting a stepchild in New Jersey, the whole process is fairly quick. In most cases, adoptions are finalized within a couple of months. The first step in the process is terminating parental rights. Depending on your situation, this might just require signing a few documents, or it might involve getting a New Jersey adoption lawyer to arrange a court hearing.

The next step is passing a background check. The stepparent will need to submit themselves to an official check from the state’s Division of Child Protection. Having a criminal past won’t necessarily disqualify you. You’ll only fail the check if it reveals you have a history of harming children or otherwise behaving in a way that shows you’re unfit to be a parent.

Finally, your adoption attorney will help you schedule an adoption hearing with the court. You’ll visit the court to formally petition to adopt the child. If the child is over 10, they’ll need to be present and verbally consent. Once the court approves your case, the adoption will be finalized.

If you’re considering a stepchild adoption, Cofsky & Zeidman can help. We provide family law services to people throughout Haddonfield, Woodbury, and surrounding areas. Call 856-429-5005 or fill out our contact form to schedule a consultation.

Special Needs Adoption Assistance Essentials

What to Know About Adoption Assistance for Special Needs Children

Federal adoption assistance is officially referred to as Title IV-E. State adoption subsidies are generally called non-IV-E. The type of assistance that a child is eligible for depends on that child’s history of care. The details of the special needs eligibility categories are subject to change based on how available adoptive families are, so it’s important to check in regularly to see the most up-to-date version of these regulations.

Adopting a child with special needs is expensive and often takes extra care. It requires a special kind of person, the finances to back it up and a New Jersey adoption attorney. Parenting special needs children encompasses a wide variety of responsibilities that must be learned and taken on all at once. These subsidy programs are designed specifically to serve the needs of the adoptive parents of children with special needs.

The type and amount of assistance that adoptive parents receive depends on which state the child was receiving foster care in prior to being adopted. It is helpful to know that the New Jersey assistance program for state-only funded adoption works identically to the Title-IV-E program, so you don’t have to learn two sets of guidelines.

Defining Special Needs

Categorizing and defining the various reasons why a child needs extra assistance necessary to determine who is eligible for adoption subsidies. As defined legally in the state of New Jersey, a child who has special needs must have at least one care requirement, or “special need,” in the following categories.

  • Dental or medical issues that would have to be treated regularly and require frequent visits to the hospital
  • A physical deformity or defect from being injured, a disease, or an accident, making it impossible or at least partially impossible for the child to work or go to school
  • Disfigurement to a substantial degree, when parts of the face, torso and extremities are lost or have become deformed
  • Children in foster care who have reached at least 10 years of age

Additionally, adoption assistance is available when a professional has diagnosed a child with problems relating to mental, behavior, emotion, or a psychiatric disorder or intellectual incapacity that significantly limits the child’s relationship with both those in their age group as well as their teacher, parents and other adults in authoritative roles. Developmental disabilities are the most common but not the only issue in this category.

Keeping the Children Together

Adoptive kids are also eligible when there are at least three siblings grouped together if it has been deemed that the children cannot be separated. This also applies to half-siblings.

Another situation addressed in this category is when a child is the third in a group of siblings that goes to live in one home or the additional child. They are eligible regardless of whether or not any of the siblings are the recipients of adoption assistance.

Children are eligible for an adoption subsidy when they are in a group of two siblings and one of them falls into any of the mentioned criteria for special needs once it has been decided that the best thing for both children is that they are kept together. This rule also applies to children who are the additional sibling who goes to live in a home where a sibling is receiving assistance.

Assisting Minority Groups

Adoptive homes are unfortunately not as available to all minority and ethnic groups equally. That’s why adoption assistance is there for children at least two years old who are part of one of these demographics.

Assistance is also available if the child is part of one of these groups, is already five years old and has been under the care of the resource parents who will be adopting as long as the best plan for this child is to have the resource parent adopt them.

You should learn what adoption assistance encompasses and the guidelines for eligibility to better prepare for your adoptive child’s future. Call Cofsky & Zeidman at (856) 429-5005 for all your adoption questions. Donald Cofsky is an experienced New Jersey adoption attorney who is prepared to help you through every step of this challenging but rewarding process.

What Should You Include in a Surrogacy Contract?

How to Write a Good Surrogacy Contract

In the past 20 years, the number of parents who use surrogates to expand their family has drastically increased. Though surrogacy is certainly becoming more popular, it’s still not a hassle-free process. If you want to avoid any problems later on, it is a good idea to include these items in your surrogacy contract.

A Clear Definition of What Type of Surrogacy You Are Using

Start your contract by making sure you know what type of surrogacy your family plans on using. Legally speaking, there is a difference between traditional surrogacy, where a woman donates an egg and carries the child to term, and gestational carrying, which involves a woman carrying to term a fetus that does not have her genetic material. Keep in mind that New Jersey surrogacy law does not acknowledge pre-birth surrogacy contracts in cases of traditional surrogacy. You can write a document to clarify things and express every party’s intentions, but it won’t be valid in court.

The Carrier’s Consent to Carry a Child and Surrender It After Birth

The surrogate contract is a way for your chosen gestational carrier to formally acknowledge the situation. They will need to sign clauses that state that they agree to attempt to carry and give birth to the child. To be a valid surrogacy contract, the carrier also needs to acknowledge that they will surrender custody of the child after birth. This is one of the most important provisions for your New Jersey adoption attorney to include in the whole document.

The Intended Parents’ Accepting of Responsibility for the Child

Another essential provision in any surrogate agreement is both intended parents stating that they will accept legal custody of the child after birth. Even intended parents who contributed genetic material to the child will need to be listed in this part of the document. Furthermore, the contract needs to say that you accept sole responsibility for the child. This allows your names to be put on the child’s birth certificate, and it absolves the gestational carrier of any duty to the child.

Descriptions of How Both Parties Will Handle Medical Care

The contract should acknowledge that the gestational carrier has the right to make their own medical decisions during the pregnancy. It’s a good idea for the contract to include a requirement for the surrogate to notify intended parents of her plans in writing. The contract should also discuss how the parents plan on paying the surrogate for her medical care. Things like insurance policies, doctor’s bills, or cash compensation should be discussed.

Whether the Intended Parents Will Pay for Living Expenses

Technically speaking, the only compensation that the intended parents have to make is for the surrogate’s lawyer and medical care. However, they are also allowed to pay for the surrogate’s living expenses during the surrogacy process. In most cases, gestational carriers will only agree to the process if they do get appropriate compensation. Make sure that your contract clearly lays out what expenses you will pay for and how often you will pay them. Some families provide a monthly allowance while others may want to reimburse the surrogate after the pregnancy.

The Timeline for the Surrogacy Process

In any surrogacy contract, more clarity is always a good thing. You should spell out all expectations and consider all potential problems. This can avoid conflicts or confusion later on. Start by discussing where and how the implantation process will occur. Clearly state how many times you will attempt the implantation process and what you will do if the process fails. You can also use the contract to describe whether or not you want to try again if the pregnancy results in a miscarriage or stillbirth. The contract can also help you discuss how long the surrogate has access after birth and whether she can contact the child later on.

A well-drafted surrogacy contract protects both the surrogate and the intended parents. At Cofsky & Zeidman, our New Jersey adoption attorney can help you write and file all necessary surrogate paperwork. To schedule a consultation at one of our Pennsylvania or New Jersey offices, call 856-429-5005. You can also talk to our team by filling out our contact form.

Is an Open Adoption Right for You?

Exploring the Pros and Cons of Open Adoption

In general, 60% to 70% of adoptions are open. This style of adoption involves the adoptive family and birth family continuing to stay in contact as the child grows up. To see if it will work for your situation, it can be helpful to learn a little about the pros and cons of this adoption type.

Pro: Children Don’t Feel Like They’re Missing Anything

No matter how much love and care you provide your child, the reality is that they did lose an important connection to their past. When a child never gets to see or hear about their birth family, they end up with a lot of questions. An open adoption can help reduce this feeling of having a “missing piece.”

It is fairly common for adoptive children to build up a fantasy when they are not in contact with their birth family. They may romanticize their birth family, obsess over what their life would have been like, or feel like they are missing out on something. Keeping contact with the birth family can help reassure the child that they are in the right place.

Con: Conflicts Between the Two Families

Adoption can be an intensely emotional journey, so there is always some possibility of drama. Adding a second family to the mix may result in some disagreements. Often, the main struggle is just navigating poverty, mental health issues, drug use, or other problems that led to the adoption in the first place.

There can also be conflict due to mismatched expectations. The birth family may be unhappy about the way you choose to raise your child, or you may be unhappy with how much impact the birth family has. Some parents may feel anxious or worried about the idea of their child preferring the birth family, so they might lash out and cause more conflict.

Pro: Children Stay More Connected With Their Background

Contact with the birth family can be especially helpful in cross-cultural adoptions. If the child is of a different race than the adoptive parents, their birth family can provide some perspective on challenges the child might face. Open adoptions also help children to connect more closely with their roots and learn about their genetic background.

This information on your child’s heritage can give them a very valuable sense of stability. It can also help you to better equip your child for a future where they may face discrimination or judgement.

Con: Birth Parents May Struggle to Maintain Appropriate Boundaries

This is often the biggest fear adoptive parents have with an open adoption. Parents worry that open adoptions may make it easier for a birth parent to try to diminish their parental role. The reality is a little more nuanced. Most birth parents are not interested in trying to outright take over your parental responsibilities.

However, there can be awkward instances, like a birth parent showing up unannounced or contacting your child without your knowledge. To prevent this from happening, it can be helpful to have a New Jersey adoption attorney create a clear agreement that schedules visits, calls, and other contact.

Pro: Children Have a Wider Support Circle

Having more people around who love your child is always a good thing. For some families, an open adoption just means a visit every couple of years. However, for some families, open adoption can create some truly special relationships.

Many birth parents are happy to take on the role of a distant relative or family friend. It can mean more people at birthday parties, more holiday presents, and more special memories. This can provide a valuable sense of love and support for your child.

Ultimately, this type of a procedure can help to mitigate some of the stress associated with adoption, but it is important to establish very clear boundaries. This is where Cofsky & Zeidman of Haddonfield can help. Our New Jersey adoption attorney firm can assist you with navigating all the legal agreements of open adoptions. We provide legal support for all types of adoptions, assisted reproductions, and more. Call us at 856-429-5005 or fill out our contact form to set up an appointment.

Here’s What You Need to Know About Adoption Lawyers

How a New Jersey Adoption Attorney Can Help You

Adopting a child in New Jersey is an involved process that involves training and going through a home study. If you’ve been considering adoption for your family, chances are you have a lot of questions. If this is your first experience with adopting a child in New Jersey, consulting with an adoption lawyer is a good way to see that you get the assistance you need throughout the process.

The Adoption Process

Prospective parents have several options when it comes to adoption. Some parents choose to utilize an adoption agency while others prefer to work directly with the birth mother to facilitate the process. In the state of New Jersey, finding an adoption attorney is quite important.

If you aren’t familiar with the adoption process, our New Jersey adoption lawyer can guide you through the journey. Our lawyer will be able to assist you as you complete your adoption paperwork in order to prepare for your new family member. Your attorney will also be able to answer critical questions that may arise about each stage of adopting a child. This can offer you peace of mind.

If your family has previously been involved with an adoption, an attorney is still a great asset to have on your side. Your attorney will be able to offer you personalized assistance and support as you complete paperwork and approach your child’s adoption day.

Preparing for Adoption

One of the most important aspects of preparing for an adoption is completing your home study. This lets your adoption coordinator or social worker develop an understanding of how your family functions and what your home environment is like. This portion of the adoption process will help determine if your family will be a solid choice for adopting a child. Your attorney can offer you guidance throughout this process. Although the steps for completing a study are clear, keep in mind that sometimes it’s nice to have someone leading you along the way.

Make sure that you and any family members who live with you prepare emotionally for the adoption process. Adopting a child is a journey that can take months or even years, so read books, talk openly with one another, and join a support group if possible to get the emotional companionship you need during this time.

How Your Attorney Can Help

Your family lawyer in New Jersey wants to help you succeed. That’s why your attorney will work with you every step of the way. From the moment you decide to adopt until you’re holding your child in your arms, understand that your lawyer will be rooting for your success.

Attorneys offer a variety of legal services related to adoption. If you’re adopting a child directly from a birth mother, you may wonder about the legal process and the paperwork. It’s important that you understand both your rights and obligations as well as the biological parents’ rights and obligations. Your lawyer can help explain all of this to you as you proceed. Even if you choose to adopt using an agency, your attorney can help ensure you find an office that is legitimate and reliable. Your lawyer will also be able to review contracts and documents and explain any legal jargon you might not be familiar with so that you understand everything.

If you’ve been searching for a way to make adoption a reality, it’s time to meet with the right lawyer. Don’t wait to get the assistance you need on this journey. Adding a beloved child to your family can be an incredible experience, and our office would love to be a part of that. If you’re in Haddonfield or Woodbury, call Cofsky & Zeidman at (856) 429-5005 to speak with our New Jersey adoption lawyer. We’d love to talk with you about your options for bringing your new baby home.

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