They adopted biological brothers who were ages 2 and 3 and had been abused and neglected by their parents. The parents already had two biological children at the time of the adoptions, but they wanted the opportunity to expand their family. When the children were adopted, there was no indication of mental illness in either child, but as time went by, problems began to surface in both of them. Nevertheless, by that time the parents were unflinchingly devoted to both boys and strove to help them through their emotional difficulties.
]]> While one brother eventually recovered, the other was unable to conquer his illness, forcing the parents to make an excruciating decision: take their son out of the psychiatric hospital he was in and possibly endanger their other children, or keep him there and potentially face criminal charges of neglect. They chose to leave him there, keeping their other children safe and leading the couple into a lengthy legal battle with the Illinois Department of Children and Family Services. The parents had dealt with violent attacks from the boy, threatening other family members with weapons and an incident where he attempted to steer their moving vehicle into oncoming traffic.When they finally committed him, they were concerned for the overall safety of everyone in the family. Eventually they were successful in showing that by making their son a ward of the state, they were acting in his best interests and their family. Their successful federal lawsuit meant they were able to reclaim parental rights, and Medicaid would be required to pay their son's medical care.
This story became inspirational for those who have who have gone through the adoption process only to be faced with children suffering from the effects of abuse. By advocating for their adopted son, this family was able to get him the help he needed and also stand by him while he struggles to recover from mental illness.
Source: Daily Herald, "Ingleside family reclaims mentally ill adopted son," Eric Peterson, May 7, 2012
]]>While they first wondered what they were getting into, they believe being flexible is the key to being a successful foster parent. Both of them grew up in large families, so acting as foster parents to needy children gave them the chance to help children in need. While it is not always easy, the couple believes that the rewards in seeing the children thrive are worth it.
]]> The couple has fostered and adopted several children from abusive homes or drug-addicted parents. One of their adopted children is now 17. His mother had been convicted of the murder of two of her other children. The woman was pregnant with him at the time she was arrested for the deaths of her children. Despite the circumstances, the young man thrived with the help of his foster parents and is about to attend his high school prom.They plan to keep fostering children but see the toddler as their last adoption, unless her unborn sibling happens to come into the foster care system. The couple cannot imagine not having children in their home and experience joy when one of the children they have fostered turns out to be doing well. While adoption is not for everyone, these parents have taken their love of children and turned their home into a place where needy or abused children have the ability to grow and succeed. For Californians experiencing adoption, this story brings a positive message that, for this continually evolving family, adoption was one of the best things that could have happened.
Source: USA Today, "Foster family cares for 160 kids in 28 years," Mary K. Reinhart, April 30, 2012
]]>One couple understands this race all too well. They are expecting to spend more than $50,000 on the adoption of two girls from China. Both girls have special needs, with one legally blind and the other suffering from cerebral palsy. They also expect to have recurrent medical expenses as a result of their conditions. If their adoption goes through on time and they are able to receive the credit, they believe the money will help tremendously with their medical bills.
]]> The rules for the adoption credit can be confusing. Adoption tax credits are not permanent within the tax code, so rules can shift periodically, making it hard to follow and requiring flexibility as legalities change. The credit is not refundable for 2012, but families unable to use the credit in its entirety can carry the surplus forward to use on their income taxes for up to five years. If the credit is not extended, next year will only have a $6,000 credit, available only for domestic adoption of children with special needs. The special needs determination is decided at the state level.In order to address the tax credit's constant changeability, a politician recently introduced an adoption tax credit bill that would make the credit permanent and refundable. Rules for claiming the credit vary, but for a regular adoption, taxpayers are able to claim up to however much was spent on the adoption, including any applicable fees and travel expenses. However, Californians who claim the credit should be warned of the possibility of the IRS scrutinizing returns claiming this credit and be ready to present further documentation.
Source: Reuters, "With Adoption Tax Credit Due To Expire, Families Race To Adopt By Year's End," Amy Feldman, April 24, 2012
]]>Beginning when the child was only 4 months old, the biological father attempted to intervene in the adoption of the little girl. The father, who is Native American, claimed a right to the child under the federal Indian Child Welfare Act. This federal legislation seeks to limit the number of Native American children adopted outside of their culture. The law was created in 1978.
]]> Now the adoptive parents are asking South Carolina's Supreme Court to overrule the lower court and return the child to them. In order to protect the child, a gag order was issued to all those involved in the case. After two years of court battles over the fate of the little girl, it will be interesting to see how the appeals court rules. Most are expecting a decision within a few months.Those experiencing adoption in California may be interested in the outcome of this case as it progresses through the court system. At this time there is also a petition being circulated in support of the adoptive parents. While it remains to be seen how the court will ultimately resolve this ongoing litigation, it underscores the fact that adoptions are not always cut-and-dry.
Source: The Post and Courier, "Child's future in hands of S.C. Supreme Court," Allyson Bird, April 17, 2012
Source: The Post and Courier, "Custody battle heads to S.C. Supreme Court on Tuesday and local supporters plan event for today," Allyson Bird, April 15, 2012
]]>In some states, when a father is listed as unknown on a birth certificate, his rights to assert his parenthood can be limited. An adoption process can begin for a child in these situations, occasionally without the father's knowledge. In those instances, a biological father may choose to attempt to assert his rights in states where these laws exist.
]]> California residents considering adoption may be interested to learn about a new law being proposed in Missouri. The law is similar to those enacted in several other states. This new legislation would affect a father's legal rights to a child in some circumstances.Written in response to a case where the father of a child objected to adoption of his child, some believe the proposed law goes too far. Although he was not listed on the birth certificate at the time of the child's birth, he later found out that he had fathered the boy. After learning that the boy was scheduled to be adopted, the father began a custody proceeding that ultimately lasted about six years. He finally won the right to have the child returned to his custody.
Under the new proposed legislation, a father would have to have a consistent and substantial relationship with the child in order to assert any parental rights. Defining the required relationship, the bill states that the father must provide consistent financial support including child support and medical payments before the birth.
Several other states have similar laws. Under these adoption rules, an adoptive family may feel more secure in the process, authorities note. It will be interesting to see if California considers updating legislation to reflect matters like this.
Source: CBS St. Louis, "Fathers of Illegitimate Children Would Lose Rights to Adoption," Josie Butler, April 10, 2012
]]>Many times, couples spend months or even years searching for a child to adopt. Though often the search is for babies and young children, some find that adopting a teenager is an equally rewarding way to complete a family. Teens typically come through the foster system prior to adoption.
]]> California prospective adoptive parents may be interested to learn about the experience of a Colorado family. The new parents recently adopted a teenager who had been in the foster system since the age of 6. The boy has been with his new parents as a foster child since 2008, according to reports.After having been featured on a local television station report that highlighted children available for adoption, the boy was placed with new foster parents. They worked to help him improve his grades, and slowly the boy began to see that a better life was possible. Then, last year, the parents and the boy jointly decided to make their family official after he asked if they would adopt him.
Adding a teenager to a family can be challenging. However, the new family in this case thinks that the benefits outweigh any of the costs of raising a teen. Going through the adoption process has confirmed to the boy that his new parents love him. This heartwarming story will hopefully encourage some California couples to consider the idea of adopting a teenager.
Source: CBS Denver, "Fountain Couple Finds That Adopting A Teen Can Be Rewarding," April 4, 2012
]]>Conducted by the Evan B. Donaldson Adoption Institute, the study shows that across all of the 100 adoption agencies it surveyed, there was no ongoing relationship between the adoptive family and the birth mother in only five percent of infant adoptions. Of the remaining 95 percent, 55 percent were "fully open." This means that the two sides agreed to some form of continuous relationship that allowed the birth mother to have contact with the child. Additionally, in 40 percent of cases, the adoption agency helped the adoptive family and birth mother to exchange pictures and letters, although there was no direct contact.
]]> Overall, there are about 14,000 to 18,000 infant adoptions each year, and the findings of the study show that the vast majority of these are open. However, it also found that there is an interesting shift that takes place over time regarding the desires of both parties. That is, at least initially, the birth mother often desires to have more contact with their child than the adoptive family may be comfortable with. Yet as the years pass, the birth mother may wish to move on with her own life while the adoptive family wants the child to know more about their birth family.California families considering adoption may wish to know that the Donaldson Institute also noted that its research shows open adoptions are most often a positive experience for all. Birthmothers worry less, and the child can find a way to understand many aspects of their roots. Indeed, there are practical considerations as well. In an adoption where the adoptive family and birth mother interact, there can be an easier exchange of family medical history, which can prove vital in ensuring the child grows up healthy and strong.
Source: Star Tribune, "New report: Boom in 'open' adoptions as most birthmoms stay in contact with child's new family," David Crary, March 20, 2012
]]>The adoption process, however, can sometimes be arduous and expensive. Some families even find that it is not feasible for them to adopt close relatives due to the time involved and the cost. A cost-benefit analysis may be a tool used by a family as they consider adoption of a relative child that is in their care.
]]> California readers may be interested to learn about a new Arizona law that affects family adoptions. SB 1128 was recently signed into law by Governor Brewer. It provides for some family-friendly changes to the procedures in certain adoptions.Close family adoptions by grandparents, adult siblings, stepparents and others used to require a home study in the form of a family visit and a one-year residence time period for the child. Now, under the new bill, the residency period for the child is reduced to six months. The home study has been reduced in those specific circumstances to a criminal background check and a central registry check.
Authorities are hopeful that lowering the requirements for family adoptions will increase the number that can be processed. The new law only applies to certain designated family adoptions. Other adoptions will continue to require the more extensive home study and other procedures prior to the adoption being finalized. If a person is interested in adopting a family member in California, a review of local laws and procedures may be helpful as they begin the process.
Source: White Mountain Independent, "Gov. Brewer signs family adoption bill," March 19, 2012
]]>In regards to adoption, this issue is raised most often against the biological parent or parents of a child. Particularly, a termination of parental rights can occur in a relative adoption, which is when a child's family member takes over parental rights from the biological parents. A relative adoption can occur for any number of reasons.
]]> California residents may be interested to learn about a case recently presented to the New Hampshire Supreme Court in which the question of legal counsel for parents facing potential termination of parental rights was addressed. The matter specifically involved state-funded legal representation in cases where a parent is accused of abuse of a child. The New Hampshire legislature had cancelled all such programs as a result of budget cuts.In arguing that the legal representation should be continued, attorneys noted that abuse cases may result in a termination of parental rights. The New Hampshire court must now consider if withholding the guarantee of legal representation denies an individual the constitutional rights of due process. Attorneys have also argued that it benefits the courts to have all parties represented in parental rights litigation. While the court has heard the case, its decision has not yet been issued, and resolution of the issue remains open.
For California residents, the outcome may have some importance, though a determination by the court of another state does not directly impact the law in our state. What is important to remember when discussing these issues, however, is that the child's best interests are what is most important. As many states, including California, continue to face budgetary issues, it will be interesting to see if others consider similar legislation.
Source: New Hampshire Union Leader, "State's top court weighs right of accused parents to counsel," Paula Tracy, March 14, 2012
]]>Like all new adopting parents, Davis was excited to bring her new daughter into her family. Understanding the laws regulating adoption can be cumbersome, but her experience underscores the point that perseverance pays off. She explained that the numerous rules and regulations are made more difficult when a single parent is trying to adopt.
]]> Davis notes to reporters that under California law, a birth mother can change her mind regarding the adoption during the first 48-hour period. It can also be more difficult to secure an adoption for single people who are hoping to adopt -- like Davis. However, working through the process prior to the birth of the baby may help lessen the chance of this occurring.In Davis' case she ultimately opted to pursue a domestic adoption, and she enlisted the help of someone to guide her through the entire process. And while the worrying and sometimes sleepless nights have not abated, she acknowledges her good fortune that she now has a beautiful, healthy daughter.
Source: People.com, "Kristin Davis: Adoption was always a possibility," Alla Byrne, March 7, 2012
]]>According to a news story about their experience, the couple decided to adopt a child from Armenia as the wife's family was Armenian. However, foreign adoptions are rarely simple, and they needed to first submit themselves to background checks and financial reviews by the Armenian government before they could be approved. That required substantial amounts of paperwork not to mention patience. However, in November 2008, they were informed that a baby had been located for them. Tragically, the baby's birth mother had died just a week earlier, but they knew they would be able to provide the loving care that the baby now needed.
]]> Over the next few months, the couple visited Armenia periodically as part of the adoption process, which was finalized by August 2009. However, at that time, they received news that the baby may have cerebral palsy. Undaunted however, the couple took the baby to their California home, where she now has access to the medical care that she needs as well as the attention of two loving parents.The couple does feel deceived by the person who facilitated the adoption for them, but they are thankful for their daughter and the joy that she now brings them. Moreover, the adoption has helped the young girl tremendously, and has provided her with opportunities that she may not have otherwise had. In their case, they were able to afford the medical services needed to ensure that the girl grows up strong. Other California couples considering adoption though may wish to insist on medical records in order to make sure that they can provide the care that is needed.
Source: Contra Costa Times, "Arianna's Journey: RPV couple faces adopted child's tragedy with courage," Kristin S. Agostoni, March 3, 2012
]]>Foster care allows for children to continue receiving nurturing care even as their parents struggle to resolve certain issues. However, the system is certainly not ideal. Siblings may not be able to stay together, and children may find themselves living with people they don't know and without any familiar faces nearby. Furthermore, their parents may be ordered to attend classes that they cannot afford.
]]> Children often enter the foster care system because their biological parents are unable to care for them. Often abuse, neglect or the death of a parent are triggers. Sometimes a child's parent will never be able to provide adequate care for him or her. In such situations, foster parents may want to consider adopting a child that they have taken into their home.Adoption often offers a better way of life for many of these children. While the California foster care system certainly does help, it can only do so much. Those considering adoption may wish to discuss the matter with a legal professional, who may be able to help with filing the necessary documentation and with navigating the child welfare system.
Source: Huffington Post, "A Child Can't Be Raised by a System... or a Court," Rhea Perlman, Feb. 15, 2012
]]>A tax credit for families who have adopted a child in the last six years is applicable for the 2011 tax year. A family can claim $13,360 for each adoptive child. As part of the Affordable Care Act of 2010, families can expect to receive the benefit as a cash refund. Before tax year 2010, any refund was applied to future taxes owed and not available to families as a straight refund. Unless there are changes in the regulations prior to the next tax year, 2011 will be the last year that the credit will be available.
]]> Families that adopt a special needs child can receive the entire $13,360 per child regardless of how much they spent to adopt the child under the tax program. Special needs children are those who are considered more difficult to adopt. The definition of a special needs child varies according to the definition of each state.Though families searching to add children through adoption in or near Orange County most often do so because they love the child, without consideration of finances, the tax credit can be of assistance. The expense of both the adoption process and of child rearing can be substantial. Those considering or in the process of adopting a child would benefit from understanding all of the laws and regulations that may be applicable to their new family. Credits such as the ones currently available may assist a couple in implementing a plan to achieve the family they deserve and desire.
Source: CNN Money, "The $13,000 adoption tax credit is back!" Blake Ellis, Feb. 13, 2012
]]>Well-known country-music singer Kelly Pickler, who married Kyle Jacobs last year, recently told reporters that she and her husband are considering adopting a child. Jacobs, whose parents have fostered more than 50 kids over the years, is also supportive of the decision, Pickler said. The music star is still investigating the possibilities and did not detail when she and her husband plan to pursue the adoption.
]]> Pickler told reporters that her husband's family had also adopted Jacobs' sister. Her love of her sister-in-law is part of Pickler's reason for her decision to consider adopting.Adoption can be a good option for many California families. When a biological parent decides to allow a child to be adopted, they must relinquish their legal rights and obligations of parenthood. The adoptive parents then take on all parenting responsibilities. While the adoption process can sometimes be lengthy, the thrill of building a new family makes it worth the effort for many people seeking to share their lives with a child through adoption.
Those in the Anaheim area who are hoping to become parents through adoption may find it helpful to speak with an experienced family law attorney as they begin to navigate the process.
Source: 9WSYR, "Pickler considering adoption," Feb. 10, 2012
]]>However, if the marriage ends before the stepparent files the adoption petition, it can be difficult for the now former stepparent to obtain visitation rights to the children he or she has come to love. In a case that may interest California readers, a former prosecutor is challenging the rules that say that he has no parenting rights due to his divorce from his stepchild's mother.
]]> The stepfather is asking an Illinois court to allow him visitation with the 3-year-old child of his former wife despite the fact that he did not file adoption petition papers prior to the divorce. Asserting that he did not anticipate the end of his marriage and that he had no reason to believe that his former wife would stop allowing him to see the child, the stepfather attempted to explain to the court why he did not take adoption steps during his marriage.Many states do not allow parenting rights for third parties without a court order and a significant reason for the need for visitation. Without the pre-divorce filing of the adoption petition, the stepfather is a third party in this case. This man has argued to the court that he has a significant reason to have visitation, including the fact that he has parenting rights of another child that he and his former wife adopted together.
Here, the court sided with the mother, a decision that is now being reviewed by the appellate court in Illinois. The justices will decide if the court ruling will be overturned and if the stepfather will be allowed visitation. For California stepparents considering adoption of their spouse's children, the case may serve as a reminder to act sooner rather than later.
Source: Chicago Tribune, "3-year-old adoptee at center of unusual custody fight," Steve Schmadeke, Jan. 29, 2012
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