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.

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.

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.

What Is the Difference Between Adoption and Surrogacy?

What to Know When Choosing Between Adoption and Surrogacy

Each year in the United States, about 135,000 children are adopted. Excluding step-parent adoptions, about 59% of adoptions are from the foster care system. Surrogacy is another way to add to your family, and each year, about 18,000 babies are born through this method.

Genetics

Some families choose surrogacy because of genetics. If one or both parents have a strong desire for their genetics to be passed on through a biological child, surrogacy provides this option. Prospective parents can have their eggs and sperm tested in order to find out whether or not their child will be affected by a genetic condition, such as Down syndrome. Eggs and sperm can be selected based on these criteria, and then, the fertilized egg can be implanted into the surrogate. With adoption, a mother may not be sure of who fathered her child. Even when the father is certain, natural pregnancy means that a child could have a genetic disorder through chance.

Types of Surrogacy and Adoption

With surrogacy, a woman can donate her eggs, and a man can donate his sperm. In a heterosexual couple, both of them can be the biological parents, and the surrogate is a gestational carrier. There’s also an option for the surrogate to be artificially inseminated by the male’s sperm. Alternatively, a sperm donor can be used for fertilizing the woman’s egg before it’s implanted into the surrogate mother. With adoption, the process can be open or closed, so you may or may not know the child’s parentage.

Costs

Both adoption and surrogacy can be expensive. Surrogacy tends to be the costlier of the two choices. In most cases, the biological parents will enter into a legal agreement to pay for the surrogate’s prenatal care, labor and delivery costs, postpartum costs and pregnancy-related expenses, such as the purchase of maternity clothing. Surrogates also typically receive a base payment in addition to the pregnancy, labor and delivery-related expenses.

In many cases, adoption agencies or agents will charge a fee for their services, as will an attorney. Prospective parents may also need to pay fees for social workers, home inspectors and psychological evaluations of their fitness to become adoptive parents. A New Jersey adoption attorney can help you understand the costs of both surrogacy and adoption.

Control

Surrogacy provides prospective parents with more control over the growth of their family. Although there is no guarantee that implantation of the fertilized egg will lead to a full-term pregnancy and birth of a child, the prospective parents can choose the hospital where the baby will be born, and they know they will be taking the baby home once the child is discharged by the doctor.

With adoption, prospective parents have less control. An adoptive mother can change her mind at any time. She may not go to prenatal care appointments. If she’s not invested in the pregnancy, she may not follow medical guidelines for taking care of herself or her growing child.

Wait Time

The adoption process may take years. Prospective parents may find a biological mother or be matched to a mother only to have her change her mind once the baby is born, and the whole process must start over again. Prospective parents may not be selected by the biological mother for a variety of reasons. In some cases, the biological father may initiate court proceedings to obtain custody of the child, and the hopeful adoptive parents have no recourse.

With surrogacy, once the surrogate signs the legal paperwork, the process of implanting a fertilized egg may start. Once the surrogate is determined to be pregnant, the prospective parents will have a clear timeline as to when the baby will be born.

For more information, contact our Haddonfield office at (856) 429-5005. You may also fill out our online contact form, and one of our office associates will reach out to you to schedule a consultation with our New Jersey adoption attorney.

Is It Better to Adopt a Child Older or Younger Than Your Current Ones?

Do Children Prefer Older or Younger Adoptive Siblings?

One common reason that people adopt is because they want their current child to have another sibling. While this is certainly admirable, it can be tough to ensure that all your children get along with each other. Carefully considering the adoptive child’s age can help, but there are a few things to know before you decide.

Adopting an Infant Is Not Always the Easiest Choice

Many parents think that an infant adoption will be the most convenient choice because it mimics normal birth order. It is true that adopting a baby allows older siblings to have the typical experience of parents bringing home a new baby brother or sister. However, an infant takes up a lot of your time. You will need to provide round-the-clock care and sacrifice sleep time to ensure that the baby’s needs are met. In any family, this can be a tough time where older siblings feel like they’re being neglected. If your current children are already feeling sensitive about the subject of adoption, a new sibling who will be attached to their parents 24/7 can worsen insecurities.

Adopting Older Children May Come With Potential Issues

There can be many benefits to adopting a child older than your other children. However, parents also need to be realistic when adopting an older child. The unfortunate reality is that many children who are adopted at an older age have experienced a lot of trauma. This doesn’t necessarily mean that they’ll struggle to fit into the family and bond with their other siblings. However, it can impact their ability to relate to other children. You always need to approach the experience thoughtfully and closely consider how any past trauma may impact children’s interactions.

Age Doesn’t Tell You Everything About a Child’s Behavior

Keep in mind that there is no specific guarantee that a child of a certain age will act a certain way. Every child grows at a different rate and has different strengths. Even one who seems very mature in certain areas can have other areas where they struggle. It’s important to be flexible when adopting. Instead of telling your New Jersey adoption lawyer that you only want to adopt a specific age, try to take the time to get to know children of multiple ages. This can help you find the individual who’s right for your family instead of just picking someone who meets strict criteria about ages.

It’s Important to Take Your Children’s Personalities Into Account

Of course, not all children will have the same reaction to other children. Some kids might want a little sibling who they can care for and teach new things while others might want someone their own age to be a playmate. If you are considering adoption, it’s worthwhile to sit down and talk with your children about what age to adopt. You should also pay attention to the things that you’ve noticed about your current children. For example, a child who wants a lot of attention might prefer an older sibling. Taking everyone’s personalities into account can often have the best outcome for everyone.

Remember That It Takes Time to Adjust

In any family, the time immediately following the adoption can be difficult. Parents might be baffled to learn that their child who begged for a little sister is suddenly resentful of their new sibling’s childish behavior. In these cases, it’s easy to assume that you might’ve selected the wrong age. However, the reality is that there’s no foolproof combination of ages. It will always take time for everyone to get used to their new role in the family. Try not to get disappointed or frustrated if any of your children act out a little. It’s perfectly normal for everyone to need time to adjust. As each child matures and everyone bonds, things are likely to settle down.

Contact Us

For more help with adoption, turn to Cofsky & Zeidman. We provide compassionate adoption assistance in Haddonfield and the surrounding areas. Call 856-429-5005 or fill out our contact form to learn more about our New Jersey adoption lawyer services.

What Biological Parents Must Know About Consent to Adoption in New Jersey

Biological Parents Adoption in New Jersey

Are you a biological parent considering adoption? Just as any party who is thinking about moving forward with an adoption, you need the benefit of an experienced attorney who can walk you through the various critical phases of this process and minimize your stress surrounding the situation. Proper compliance with all state laws linked to adoption is extremely important because you must follow all of these laws in order to minimize challenges in your case.

Get Help from an Adoption Attorney Immediately

Before you move forward with an intended adoption, it’s important to consider that you’ve looked at all the legal ramifications and made a decision about what’s right for you. You might need consent from one or more people in order to decide on an adoption.

If you are facing these complex matters in a pending adoption, having the insight provided by a lawyer can go a long way towards giving you peace of mind about this important process. For a couple thinking about putting a baby up for adoption or anyone thinking about adoption a baby, a full understanding of the state laws surrounding this issue should be achieved before beginning the procedures.

Your NJ adoption lawyer is an important advocate for you and your needs as your case moves through the legal stages of consent to adoption or trying to adopt a child.

What is Consent?

One common question that emerges for biological parents has to do with consent to adoption. A biological parent’s rights are some of the most strongly protected across the country. This means that with very rare exceptions, a parent has to consent to the process before a child can be legally put with another family. Whether this is through an agency or an independent adoption, birth parents have to relinquish parental rights for adoption to proceed.

What Happens After the Elimination of Parental Rights?

After parental rights are ended or terminated, the legal connection between the child and the birth parent is officially severed. Parental consent could, in some places, be revoked under very rare circumstances, but it is usually classified as permanent.

If a biological parent consents to adoption, this is their legal agreement to relinquish the child to someone else. This releases all responsibilities and rights. The biological father and mother, so long as the father has established paternity, have the first right of consent for adoption.

All states except a handful, specify when a birth parent can provide consent. Time related rules or waiting periods may be in place. New Jersey follows a waiting period of three days before consent can be executed. Consent for adoption typically occurs when a written notarized statement is completed or the biological parent appears before a judge. Hiring an experienced adoption attorney can help to clarify your responsibilities and the laws surrounding these issues. After a parent gives consent to an adoption, it can be very challenging to go back. There are very limited circumstances that would allow a birth parent to revoke his or her consent to adoption. For example, this can happen in cases involving coercion or fraud, or if the court deems that it is in the best interests of the child to undo the revocation of parental rights.

Consent through coercion or fraud can be revoked in New Jersey and a handful of other states. The right adoption attorney is extremely important for all aspects of managing an adoption through the state of New Jersey. You need to ensure that you have someone committed to working hard on your behalf in order to move forward with these legal claims.

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail.

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