International vs. Domestic Adoption: What’s the Best Choice for Your Family?

Adoption is a transformative journey for families, but one of the first and most significant decisions prospective parents must make is whether to pursue international or domestic adoption. Each option has its own set of challenges and rewards, and understanding the differences can help you determine which path is the best fit for your family.

At Cofsky & Zeidman, LLC, we’ve helped families navigate both domestic and international adoptions for over 25 years. In this blog, we’ll break down the key considerations for each type of adoption and how you can prepare for this life-changing experience.

Understanding Domestic Adoption

Domestic adoption involves adopting a child from within the same country, often through either an agency or a private arrangement. This process can vary greatly depending on the type of adoption pursued.

Types of Domestic Adoption
  • Agency Adoption: This involves working with a licensed adoption agency to place a child with an adoptive family. Agencies typically handle the legalities, matching, and post-adoption follow-up.
  • Private Adoption: In a private adoption, the adoptive family works directly with the birth parents, usually facilitated by an attorney. The birth mother selects the adoptive family, and both parties agree on the terms of the adoption.
  • Stepparent or Family Adoption: When a stepparent or relative legally adopts a child, the process is often simpler but still requires legal oversight.
Advantages of Domestic Adoption
  1. Shorter Travel Requirements: With domestic adoption, you’ll typically avoid lengthy travel, reducing the time and expense involved.
  2. Open or Closed Adoptions: Domestic adoptions often offer flexibility regarding the level of contact between birth parents and adoptive parents. Open adoptions allow ongoing relationships, while closed adoptions maintain privacy for both parties.
  3. Potential for Infant Adoption: Domestic adoption often provides opportunities for newborn or infant adoption, particularly in private adoptions where birth parents may select the adoptive family before the child is born.
Challenges of Domestic Adoption
  1. Wait Times: While domestic adoptions may have shorter wait times than international ones, the wait can still vary significantly depending on factors like your location, preferences for the child’s background, or the availability of birth parents.
  2. Potential for Birth Parent Involvement: Depending on the situation, birth parents may be involved in the adoption process, which can sometimes lead to contested adoptions, where parental rights become a legal issue. Having an experienced adoption attorney like Cofsky & Zeidman on your side can help mitigate these challenges.

Exploring International Adoption

International adoption involves adopting a child from another country, which introduces its own set of logistical and legal complexities. The adoption process is governed not only by U.S. adoption laws but also by the laws of the child’s home country.

Types of International Adoption
  • Agency-Facilitated Adoption: Just like domestic adoptions, many international adoptions are facilitated by agencies that specialize in working with specific countries and navigating the various legal requirements.
  • Hague Convention Adoptions: The Hague Adoption Convention is an international treaty that seeks to safeguard intercountry adoptions. Adopting from a Hague Convention country adds certain protections but also some extra layers of bureaucracy.
Advantages of International Adoption
  1. More Predictable Timeline: Many international adoption processes have a more clearly defined timeline once a child is matched with an adoptive family, which can help prospective parents plan more effectively.
  2. Older Children Availability: If you’re looking to adopt an older child, international adoption may offer more opportunities, as many countries have programs aimed at finding homes for children beyond infancy.
Challenges of International Adoption
  1. Lengthy Travel and Visa Requirements: Adopting internationally often requires travel to the child’s country, sometimes for extended stays or multiple visits. Additionally, visa requirements and immigration paperwork can add complexity to the process.
  2. Varying Legal Frameworks: Each country has its own adoption laws and procedures, some of which may be stricter or more complex than others. It’s crucial to work with an adoption attorney experienced in international adoptions to navigate the foreign legal systems and ensure the process is compliant with both U.S. and foreign laws.
  3. Medical and Cultural Considerations: In some cases, medical histories may be incomplete, or the child may need special care due to conditions present in their birth country. Additionally, cultural considerations play an important role in helping the child adjust to their new family.

Choosing the Best Option for Your Family

Deciding between domestic and international adoption is a deeply personal choice. Factors like your comfort with travel, the age of the child you’d like to adopt, and your preference for an open versus closed adoption can all play a role. It’s also essential to understand the legal requirements and potential challenges involved in both types of adoption.

At Cofsky & Zeidman, LLC, we guide families through every step of the adoption process, whether you choose to adopt domestically or internationally. With over 25 years of experience and over 1,500 adoptions handled by our team, we are well-versed in the intricacies of both types of adoption and can help you make the best decision for your family.

If you’re considering adoption, contact us today to schedule a consultation. We’ll help you explore your options and ensure your adoption journey is as smooth as possible.

Finding an Adoptive Family

How to Choose an Adoptive Family

If you’re one of the 18,000 biological parents interested in placing your child with an adoptive family, finding the right family is essential. Your choice will impact your pregnancy, the child’s future, and your potential relationship with the child. To find the perfect family for you and the child’s needs, you’ll need to carefully consider these factors.

Think About Your Main Goals

There are far more adoptive families available than there are children up for adoption, so all the different options to choose from can be overwhelming. Many biological parents find it helpful to narrow down their choices a little before they start looking at family profiles. You may want to ask yourself the following questions when deciding how to pick adoptive parents:

  • Do you want an open adoption where you hear more about the child over the years or a closed adoption with no contact?
  • Would you prefer that your child have siblings, and does it matter if their siblings were adopted or not?
  • Are you interested in a rural or urban upbringing for your child?
  • Does it matter what religion, if any, the adoptive parents follow?
  • Would you prefer the adoptive family to be of the same race as the child’s biological parents?
  • How financially secure do you want the family to be?

Talk to Adoption Professionals

The majority of voluntary adoptions are done through private adoption agencies. However, you can also arrange an adoption privately or go through your local Department of Children and Families agency. Whatever adoption method you choose, it’s a good idea to speak to professionals. They can put you in touch with prospective families and assist with communication. Often, their help makes it much easier to sort through all the different offers you’ll have.

Look at Profiles for Prospective Families

Every family who wants to adopt will put together a profile that tells you a little about who they are and why they want to adopt. When working with an agency, they’ll often go through their database and pull profiles for couples who meet your criteria. Take your time when looking through these and try to consider what it will be like for the child to grow up with the family. There is no wrong way to pick profiles you’re interested in. Some biological parents pick people with personalities that they feel instantly drawn to while others try to analytically decide based on who can provide the child with the most advantageous childhood.

Meet With Families You’re Interested In

Though you don’t have to be involved, many biological parents prefer to interview prospective couples in person, on the phone, or over email. Meeting with them can help you see whether you have rapport and decide whether they’re a good fit. Meeting families won’t come with any obligation. If you decide that they’re not a good fit, you can just ask your New Jersey adoption attorney to tell the family that you’ve found someone else.

Discuss Your Terms

After you find a couple who seems like good parents for the child, it will be time to finalize your agreement. Adoption agreements are all about defining what you feel comfortable with and what will be best for the child. Your adoption lawyer can help create a contract that clearly lists details such as:

  • How the adoptive family will reimburse you for medical expenses
  • Who is allowed to be present during labor or doctor’s visits
  • How much contact you will have with the child
  • What updates the adoptive family will provide you with
  • How you will contact the adoptive family

If you’re considering adoption, Cofsky & Zeidman are here to help. Our New Jersey adoption attorney can represent your interests and assist you with navigating the legal system. You can count on us to make the process as smooth and stress-free as possible. To learn more about your options, give our Haddonfield office a call at 856-429-5005 or fill out our contact form.

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.

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.

What Is an Open Adoption & What Are Its Pros and Cons?

What Is an Open Adoption?

Whether a couple is experiencing fertility issues, is unable to conceive for any reason, or simply wants to enlarge their family, adopting a child can be a joyful decision. There are two ways to adopt: a closed or open adoption. In an open adoption, the biological parents, or just the mother, are known, and the family maintains contact with them.

How Does Open Adoption Work?

With open adoption, the birth mother decides to give up her child so that another family can adopt him or her. It can take a lot for a parent to reach this conclusion, but in some cases, open adoption is a more attractive option because it allows the biological mother to remain in the child’s life.

The biological mother gets to choose the adoptive parents. However, until she signs final relinquishment papers that give the adoptive parents all legal rights to the child, she is free to change her mind. While this is very rare, it does occasionally happen.

Open adoption can mean that the birth family remains in contact in different ways. Some families choose to allow regular visits while others may let the birth mother and her child stay in contact through email. A New Jersey adoption attorney can help the parents decide the best option for their family.

What Are the Benefits of Open Adoption?

Open adoption is often the right course of action for families looking to adopt. It allows for more opportunities to avoid uncomfortable situations once the child grows older and starts to ask questions. If a child knows that they are adopted, they will naturally ask their parents questions once they reach a certain age. Open adoption often allows many of those questions to already be answered or answered sooner.

The child’s genetic information is easier to access with open adoption. Asking the birth mother about any medical conditions that run in her family can give a better idea of what to possibly expect in the future. It allows you to take certain precautions and gives you awareness of how to better protect your child’s health. This also includes heritage information, which helps the child know his or her religious or ethnic background.

With open adoption, the child doesn’t have to go searching for their biological mother in the future. All the information is readily available, and the birth mother is already in their life. Even if a child and their birth mother have never met, having steady contact makes it easier to eventually meet in person.

What Are the Disadvantages of Open Adoption?

One of the most common disadvantages is that there may be certain problems that arise regarding the boundaries expected from the birth mother or family. They may wish to have a closer relationship with the child that steps over the line of what was stated in the adoption papers. The birth mother may feel overly attached and have difficulty moving on.

As previously mentioned, the birth mother can change her mind before she signs the final adoption papers. This is every adoptive parent’s worst nightmare. However, even if the birth mother decides she wants the child back after the final papers are signed, it can cause serious problems. It could end up with litigation that can cause a rift even though the birth mother doesn’t have legal rights to the child.

Sometimes, open adoption isn’t always the best arrangement for the child. Things can happen, and personalities may clash. If there are issues with drug or alcohol abuse or different values, it could create problems for the child. Some people who were adopted end up regretting ever reaching out to their biological family due to various reasons. In some cases, the child may feel as though they are caught in the middle of their family and their birth mother while a power struggle is occurring. This is never a healthy situation.

If you’re considering adoption, get in touch with a New Jersey adoption attorney at Cofsky & Zeidman LLC by calling (856) 429-5005 or by submitting our contact form.

New Jersey Adoption Assistance Overview

Overview of State Assistance for Adoption in New Jersey

If you are thinking about adoption in New Jersey, you’ll want to learn about the state’s adoption assistance program. This program offers financial assistance and other benefits to adoptive parents who are considering adopting a child with special needs from foster care. Eligible families may be able to receive up to $2,000 for nonrecurring expenses and up to $877 per month for the routine costs associated with raising a child.

What Are the Eligibility Requirements for New Jersey’s Adoption Subsidy?

To be eligible for the adoption subsidy, prospective parents must consider adopting a child with special needs. New Jersey defines the following circumstances and characteristics as special needs for adoption purposes.

  • A medical condition requiring frequent treatment or hospitalization
  • A physical disability
  • A substantial disfigurement
  • A diagnosed mental health condition, including an emotional or behavioral problem, psychiatric disorder, or serious intellectual disability
  • Part of a group of three or more siblings who are placed together
  • Part of a group of two siblings in which one sibling meets other special needs criteria, and the siblings are placed together
  • 10 years of age or older
  • Member of an ethnic or minority demographic that does not have adoptive homes available
  • Suffered abuse or neglect resulting in out-of-home placement by Child Protection & Permanency (CP&P)

Certain other circumstances or conditions may be approved for assistance based on approval by the CP&P director or designee. These include:

  • Substantial risk of problems resulting from prenatal drug exposure
  • Elevated probability of developing mental illness due to genetic predisposition
  • Placement with a relative who cannot adopt the child without financial assistance

Other criteria may apply, so it’s wise to speak with a New Jersey adoption lawyer before deciding whether the adoption subsidy is right for your family.

What Type of Financial Assistance Is Available Through the Adoption Assistance Program in New Jersey?

The New Jersey adoption subsidy program offers financial assistance of varying amounts depending on the child’s needs. New Jersey adoption assistance typically falls under one of two categories: nonrecurring expenses and recurring expenses.

The program covers some or all the costs for nonrecurring adoption expenses, such as attorney fees and court costs. The reimbursement amount is a maximum of $2,000 per child, including up to $500 for legal fees per child.

These one-time expenses may be reimbursed up to two years after the adoption is finalized. If the adoption is not finalized, reimbursement may occur up to two years after it was disrupted.

Other payments are available to cover a portion of the day-to-day costs of raising an adoptive child. These are known as maintenance payments, and the exact amount a family can receive will depend on the age of the child as follows.

  • Age 0-5: $738 per month
  • Age 6-9: $818 per month
  • Age 10-12: $845 per month
  • Age 13+ $877 per month

Maintenance payments may begin at the time of adoption placement. This means that families can typically receive these adoption assistance payments in New Jersey before the adoption is finalized.

How Long Do Payments Last Under the Adoption Assistance Program in New Jersey?

Adoption assistance payments in New Jersey may continue until one of the following occurs.

  • The child turns 18 years of age.
  • The child completes high school.

The event that occurs last will determine when assistance payments will be discontinued. For instance, if a child turns 18 years of age before graduating high school, his or her parents will continue to receive adoption assistance payments until graduation occurs. If a child finishes high school before turning 18, the payments will continue until his or her 18th birthday.

Adoption assistance in New Jersey is complex, and this brief overview covers only the basics of this program. If you are thinking about adopting in New Jersey, it’s important that you fully understand what state assistance is available to help support your family.

To learn more about New Jersey’s adoption subsidy program and eligibility requirements, speak with an experienced New Jersey adoption lawyer at Cofsky & Zeidman. You can get in touch with us today by calling our Haddonfield office at (856) 429-5005 or our Woodbury office at (856) 845-2555.

Do International Surrogacies Give Children Dual Citizenship?

Does an International Surrogacy Mean Dual Citizenship for Your Child?

The U.S. State Department has long upheld a policy that denied citizenship to those who were born via surrogacy or IVF (in vitro fertilization), preventing children who were born in this way from obtaining dual citizenship. But now, thanks to the recent update in the department’s policy regarding how they handle these types of cases, it’s now more possible than ever for children who were born with a surrogate parent or in vitro fertilization to become U.S. citizens.

A Highly Restrictive Previous Policy

Previously, State Department policy prevented children born abroad by assisted means — e.g., international surrogacies — to obtain citizenship. The only circumstance that would then allow for the child to become a U.S. citizen is if one of the parents is already a legal citizen and the child is directly related to them. This applied to children who were born outside of the U.S. by way of assisted reproductive methods, most commonly a surrogate or in vitro fertilization, to both heterosexual and same-sex parents.

New Rules More in Touch With Reality

This new policy was announced on May 18, 2021, and it does set some stipulations. In order for your situation to be applicable to this new policy, your child has to have been born outside of the United States, and the parents must be married. Additionally, one or both of the child’s parents must already be a citizen of the U.S., and the child has to be biologically related to one of their parents.

 

A statement put out by the State Department praised the update to the way that the Immigration and Nationality Act is applied. The department says it’s now considering realistically what the families of today are truly going through. There have also been numerous advancements that have come in technology for assisted reproductive means, changing the way these policies must be thought of and implemented.

 

These newly-adopted guidelines are effectively a reversal of a long-standing rule that had obvious issues. The previous policy classified any child born through surrogacy outside of the United States as being born out of wedlock, even though the child’s parents were actually married. It was also a requirement of the State Department for children born outside the U.S. to be genetically or gestationally related to the parent who was a U.S. citizen.

A Well-Disputed Old Policy

This has led to a handful of same-sex couples filing lawsuits due to the former policy, fighting for their children’s rights to legal citizenship in the United States. Over the course of two years, two cases were brought and won by parents in this situation against the Trump administration.

 

In June 2020, a federal judge’s ruling required the State Department to recognize a same-sex couple’s daughter as a legal citizen. She was a year old at the time, born in via surrogacy in Canada.

 

Another instance of a successful case challenging the old rule, taking the fight to court, involved twin boys. The Canadian-born twins were the children of a same-sex couple, where one of the children was genetically tied to his father, who was a citizen of the United States. This child was granted his citizenship. His twin brother, on the other hand, relationally tied to the father who was born in Israel, was not allowed to become a citizen.

 

In 2019, the judge presiding over that case made the ruling that this child was, in fact, a U.S. citizen due to the fact that he had married parents. In this case, the ruling was that the State Department hadn’t applied its own law correctly.

A Big Moment for the LGBTQ Community

With the new law, LGBTQ parents are all feeling a momentous breakthrough. It’s a huge win for everyone who’d been fighting back against the State Department’s previous policy, which was dehumanizing, out of touch, and above all, unconstitutional.

 

Immigration Equality is one of the outstanding LGBTQ immigration rights groups that has brought a number of federal lawsuits that challenge the old rules of the State Department. They work with New Jersey lawyers to help provide what’s best for these children.

 

This new policy sends a clear message to the public, especially those in LGBTQ communities, that unity and determination are both powerful tools against systemic discrimination. It underlines the idea that families are formed from love, not from genetics.

 

If you or a loved one are in this type of a situation, call the firm of Cofsky & Zeidman, L.L.C., at (856) 429-5005. Donald Cofsky is a friendly, knowledgeable, and experienced New Jersey lawyer who will guide you through every step of the process to help your child become a dual citizen.

The Right Attorney for Your New Jersey Foster Care Adoption

New Jersey Foster Care Adoptions

A child is placed in foster care when their biological parents are no longer able to provide them with the care they require. In these cases, it is not safe to return the child to their home. The ultimate goal of the foster care system is to reunite the foster child with their families and return them to their homes. When one of these children cannot go home, the biological parents have their parental rights terminated, and that child becomes available for adoption.

Why You Need An Attorney for This Process

When you are beginning the journey of adopting a foster child, there are a lot of requirements that you need to meet. The legal requirements alone can be daunting. Going into this process without representation can make the process longer than it needs to be. The process can be smooth if you have the right New Jersey adoption lawyer guiding you through it.

Adopting a Foster Child

Most foster care adoptions go to the foster parents who have already developed a relationship with the child. Although the biological parents are given a number of chances to meet the requirements to get their children back, it is not always in the best interest of the child. The adoption process cannot begin until the parental rights of the biological parents have been terminated by the state.

The path to a foster child adoption can be long and frustrating as the child welfare division is responsible for safeguarding all parties: the prospective foster parents, the child and the biological parents. When a child’s status changes from foster child to eligible for adoption, it can take a while for the adoption process to be complete. This is why having a New Jersey adoption lawyer by your side is important to minimize the risk of an adoption not being completed or being overturned.

What Do They Look for in Adoptive Parents?

When screening adoptive parents, the state wants to make sure that the adoptive parents are emotionally ready to take on the responsibilities. Many children in the foster care system are high risk due to physical or mental handicaps. Their disabilities can be taxing on the best parents.

The prospective parents will have to go through an extensive background check. This is to avoid any potential for domestic violence or child abuse. A history of drug abuse can be a problem; however, if the parents can prove a dedication to their sobriety, it does not automatically rule them out.

The prospective parents will need to be prepared for the home visit. A social worker will want to come into the home to determine if it is appropriate to bring a child into. They will look into your employment, financial statements, and background. It can be a grueling process. Showing stability is key to passing the home visit.

Financial Benefits of Adopting From Foster Care

Many of the costs of adoption from foster care can be subsidized by various financial assistance options offered by the state of New Jersey. These include:

  • Monthly payments to help meet daily needs, including a clothing allowance
  • One time payment for legal fees related to the adoption
  • Medicaid coverage to supplement coverage for the child to assist with conditions not covered by the family’s insurance
  • Specialized care for kids with handicaps to provide specific medical, health or equipment they may need

Are You Ready for Foster Care Adoption?

When preparing for a foster care adoption, you need to remember that foster kids have been through a lot. They are looking for a life of stability. Most of them have mental health or developmental challenges and require extra attention and care. It is common for them to have abandonment issues. Many will act out. It takes a great deal of patience and understanding. If you believe you are ready for the challenge, contact a New Jersey adoption lawyer to help you get started.

Why Daniel Cofsky Is Your Best Choice

Daniel Cofsky has been an adoption lawyer for many years. He has provided legal counsel in more than 1500 adoptions. He knows New Jersey adoption law backward and forwards and has strong relationships with the adoption courts. Contact us today to request a consultation and to get started on your foster care adoption journey.

Understanding the Adoption Timeline

One of the most common questions adoption lawyers hear is “how long will it take to adopt a child?” On average, most families complete their adoption in 18 months or less. However, the type of adoption you pick will have a huge impact on the overall timeline.

How Long Does a Domestic Private Adoption Take?

Also called an agency adoption, this is a type of adoption that involves working with a private organization. There is no minimum time limit for this type of adoption, so yours could be finalized in as little as a month. In agency adoptions, 63% of families are matched in six to 12 months. The other 37% usually get matched within two years. Wait times tend to vary based on the particular agency, so it might be a good idea to ask an agency about their average time before you start working with them. Keep in mind that you may have to wait longer if you are very specific about what you want. Those who are open to a broad variety of ages, races, amounts of contact with birth parents, and types of medical history may have a shorter wait time.

How Long Does a Domestic Public Adoption Take?

If you adopt through the public foster system, your wait time will be longer. This type of adoption involves a child who was removed from their parent’s custody. Because the applicable state agency is reluctant to terminate parental rights, this process takes quite a bit of time. Parents in these situations may not be able to finalize the adoption for one to five years. However, much of this time is often spent with the child. In these situations, the prospective parents are usually the child’s foster parents while they work with a New Jersey adoption attorney and wait for the birth parents’ rights to be terminated.

How Long Does It Take to Adopt Internationally?

International adoptions can take quite a bit longer than the standard New Jersey adoption because they involve more bureaucracy and paperwork. The average international adoption will take somewhere between two to three years to complete. Some families may get lucky and complete their adoption in around six months while others may wait as long as five years. Keep in mind that the country you go with has a huge impact on adoption times. Some countries, like China, tend to have a higher wait time because there are a lot of people interested in adopting from them. Countries that are politically unstable also tend to have longer wait times since any turmoil can put a pause on an adoption or require the parents to start the process over again.

What You Can Do to Reduce Adoption Wait Times

As you can see, there is a lot of variation in wait times. If you are interested in a shorter wait time, you may want to opt for a private domestic adoption since these are generally the fastest adoption type. It is also a good idea to be flexible about the type of child you want to be matched with. Prospective parents who are willing to adopt older children or children with health problems may get a match quicker. You can also speed up the process by being willing to travel out of state to meet the birth mother. In any type of adoption, you can speed things up by being prepared. Having your paperwork, home study, background checks, and other essential information ready to go will ensure that you don’t end up with any surprise delays.

If you want to adopt a child as quickly as possible, it is important to have all your paperwork in order. A New Jersey adoption attorney can help you with the preparation and ensure that you file all essential documents on time. At Cofsky & Zeidman, our team helps families throughout the region. Fill out our online contact form or call 856-429-5005 to schedule a meeting today.

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