Blog Topic

Adult Adoption: a Joyous Occasion!
Posted by: Sio Ramirez Pitre
March 02, 2010

Adoption of an adult is a simpler procedure than adoption of a child. The only consent necessary will be between the adoptive parent(s) and the adoptee. Therefore, there is no need to notify, consult with, or obtain consent of the biological parent or parents.

Adult adoptions usually happen because the people involved want to make an existing parent-child relationship "legal". With that legal relationship comes the ability to inherit from each other as parent and child, the ability to change the adoptee's last name, and the formal recognition of the relationship for legal purposes.

Adult adoption, however, does not convey any immigration benefits between the parties. In order to be considered for an immigration benefit, the adoptee must be adopted by age 16 (or age 18 in certain, very limited circumstances where a sibling of the adoptee was already adopted by the parent(s) and all specific conditions are met).

Adult adoptions are very often "stepparent" adoptions. These situations are generally ones in which the stepparent has acted as a parent but the bio parent would not agree to terminate his/her rights and agree to the adoption. Sometimes the biological parent could not be found, or it was inadvisable to contact the bio parent for some reason (such as safety to the child).  In many cases, the legal stepparent is the only "dad" or "mom" that the adult child has ever known.  These types of stepparent adoptions are wonderful because the parties involved are finally granted the legal recognition for their parent-child relationship that has existed for years!

An adult adoptee has to be ready and able to swear under oath that the adoption is not sought for any improper purpose (such as evasion of creditors or "hiding" from a legal responsibility).

Just as in child adoptions, adult adoptions are generally very happy and long-anticipated events which are celebrated by all the parties.

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Completing the Foreign Adoption Process in Texas
Posted by: Sio Ramirez Pitre
February 18, 2010

When a family returns to the United States with their child who was adopted in another country, there are often additional steps to be taken.

When a Texas resident adopts a child from another country, that adoption is governed by Texas law, United States law, international adoption law and treaties, and the law of the country where the adoption took place. In addition, the area of adoption law has been changing rapidly for the past several years, so the requirements or recommendations will not be the same for everyone. For instance, a child adopted in China in 2009 may have a very different legal situation than a child who was adopted in Guatemala in 2000.

There is a lot of confusion between "readoption" and "reaffirmation", although the words are often used interchangeably. Whether the more detailed "readoption" or the relatively simple "reaffirmation" (recognition) of the adoption is required is ultimately determined by the paperwork and facts in each situation, by the Texas County in which the suit is filed, and even by the individual Texas judge's requirements for his/her court.

People often ask if they "must" do anything further. If there are additional requirements that must be met to insure legal status with U.S. immigration, the answer is "yes". In some situations, not following through could cause an "uncertain" or "undocumented" status when the child reaches 18. (Please note: If a child became 18 prior to February 27, 2001, when the Child Citizenship Act came into effect, that child was not granted "automatic" U.S. Citizenship. If you or your child came in prior to February 27, 2001 and never took final steps with US Immigration, you should investigate or seek a legal consult to see what options are available to remedy this situation.)

Although it may not be legally required for a child who has been granted US citizenship to take the additional step of having the foreign adoption reaffirmed in Texas state court, it is always a good idea. After the judge signs the order, a U.S. (Texas) birth certificate with the child's name and both parents' name on it can be obtained. The judge can also grant a name change when necessary. Taking care of these details will assist the parents and child with documentation issues when registering for school, getting a driver's license, applying for employment, or applying for college, scholarships and financial aid and is the "final step" in a long, successful adoption journey!

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Americans Arrested in Haiti have Negatively Affected International Adoption by Their Ill-Advised Actions
Posted by: Laura Kalish
February 12, 2010

Regardless of the motives of the Americans who tried to improperly remove the children from Haiti, one thing is certain. They have negatively affected many lives.

Whenever there is an abuse of the system that has been set in place for international adoptions, there will always be a backlash that will create additional restrictions and delays. This situation has given fuel to groups (and individuals) that are against international adoption or believe it should be more restrictive.

Some of the restrictions will come from our own government in the form of increased scrutiny of petitions, paperwork, visa requests and entry at the U.S. Border. This will result in additional delays in processing and completion of international adoption paperwork and issuance of visas. But, it is a necessary result, as the U.S. State Department, consular officials, USCIS and immigration officers do their best to follow the laws that are in place to assure that children are adequately protected. It is too soon to tell whether these delays will have any effect on "wait times" for approval of adoption petitions for countries other than Haiti.

Added to the chaos that is already going on in Haiti, the Americans' ill-advised actions will only create additional delays in establishing a fair and legal system to deal with the orphans in that country, as valuable resources and time will be wasted in dealing with the misguided Americans.

On the other hand, if it is true that something good always comes from every adversity, perhaps this situation has served to point out the inadequacies of the current system. The situation in Haiti may be the "call to action" for the world community to create a unified set of guidelines for dealing with the children who are displaced when a countrywide disaster strikes.

For any parents who are considering international adoption, I would encourage you not to be discouraged by any of this, but just be ready to exercise patience throughout the process. For anyone who has decided to adopt from Haiti, you will need to be very patient, since there will be a waiting period while children are properly identified and given clearance for adoption. (Not an easy task in a place where all documentation has been lost and some heartbroken parents may feel that they have to give their children away in order for them to survive). Some have suggested that it may take two years to clear children for adoption.

As for us, we are proud to be part of the international adoption community, we are filing petitions for our clients adopting from other countries, and we will be ready to go when Haitian adoptions resume.

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Adoption of Haitian Children by U.S. Citizens
Posted by: Laura Kalish
January 21, 2010

The tragedy of the situation in Haiti has moved some U.S. citizens to decide to open their hearts and homes to an orphaned Haitian child. 

On Monday, the U.S. Department of State and Department of Homeland Security Secretary Janet Napolitano announced a humanitarian parole policy which will allow certain Haitian children to legally enter the U.S. for adoption.

When there is a disaster of these proportions, it is often difficult to determine whether or not a child is truly an orphan.  Widespread destruction, displacement and panic can lead to uncertainty about whether family members are dead, injured or lost.  Records and identification may be destroyed.  

For this reason, at the present time, the U.S. government will be applying this humanitarian parole on a case-by-case basis to two groups of children:  1) those who were confirmed as legally available for international adoption and were already in the process of being adopted by U.S. citizens; and 2) those who were previously identified by an adoption service provider or facilitator as eligible for intercountry adoption and had been matched to prospective U.S. adoptive parents.

Of course, this leaves a large group of orphans who are not going to be immediately eligible for immigration to the United States.  Some children in this group will be going to other countries for adoption. 

As the situation unfolds, and authorities are able to sort out which children are true orphans, the U.S. Department of State will continue to monitor the situation and provide policies accordingly.

The humanitarian goal is first to reunite families whenever possible.  Next, other relatives within the child's home country are sought and it will be determined whether they are willing or able to care for the child.  If not, then the next step is to determine if there are adoptive parents in the child's home country.  After these options are exhausted, the child may be certified for international adoption.

Unfortunately, due to the level of devastation in Haiti, we can expect that there will be many children who are orphaned and have no one to care for them.  

Just as in any other international adoption, once the child has been certified as available for adoption in his/her home country and has immigrated to the U.S., there are certain steps that must be taken by the adoptive parents to follow the proper procedures with both U.S. immigration and the laws of the adoptive parents' home state.

We will keep up to date on the situation and post updates periodically.  There is also a website where you can register to receive updates if you are considered adopting a Haitian child.  http://bit.ly/5e6LQH

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Adopting a Child: Why Seek an Early Legal Consult?
Posted by: Laura Kalish
November 20, 2009

It is often beneficial to seek a legal consultation before taking any steps towards an adoption.  A legal consult can assist prospective parents in planning for process financially, emotionally and legally. 

In some instances, prospective parents should not contact the birth parents or birth families at all. In fact, in some international adoptions, unwarranted contact can even be a violation of law, and will prevent the adoption from ever occurring.

In domestic adoptions, where there is an absent or reluctant parent or one or more "potential" fathers,  notification to these people can create problems and make the situation more difficult emotionally for everyone if it is not well-thought-out. Creating a plan for how to contact necessary parties in a legally sufficient and respectful manner will be in everyone's best interests.

In many private domestic adoptions one or more of the biological parents may a relative of (or friends with) the adoptive parents.  In that case, it can be important for the potential adoptive parents to have a medical release, or temporary orders from a court showing that they have authority to have physical possession of the child. This can often be taken care of early in the first consultation and will make practical matters easier while the case is pending.

Cases become more legally complicated when there are already court orders in place regarding the child, the Child Support Division already has a file open on the child, or the biological parent and child have accepted governmental benefits.  These situations must be considered carefully and dealt with in the appropriate legal manner, and hasty action in the case is not a good idea.

Steps taken at the very beginning can have long-term effects on the entire adoption process!

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Terminating the Rights of an Absent Parent
Posted by: Laura Kalish
November 19, 2009

If an absent parent has been completely uninvolved, not paying support, and not visiting or contacting the child, the custodial parent may decide that it is time to try to terminate parental rights. Usually the reason for doing so falls into one or more of the following categories: 1) Present spouse wants to file for a stepparent adoption; 2) custodial parent wants to protect the child from the absent parent coming in and out of his/her life; or 3) safety issues and concerns about the lifestyle of the absent parent.

If the absent parent can be found and will sign papers agreeing to the termination, the situation is a lot less complicated. In that case, the custodial parent will still have to prove to the court that the termination is best for the child.

Once a suit is filed the custodial parent will be the "Petitioner" and the absent parent will be known as the "Respondent".

If the Respondent's whereabouts are unknown, then the court will appoint an attorney to represent that person, and the Petitioner will pay that attorney's fee. There are certain procedures that must be followed for service when the Respondent is in jail or prison.

Unless there is agreement, the termination will be involuntary. In certain situations, the court will terminate the rights of a Respondent who cannot be found, as long as proper procedure has been followed.

If the case becomes contested, there may be a trial. The Respondent will likely seek visitation and/or joint custody.

The Court will also appoint an attorney to represent the rights of the child, and there will be a home study performed. The costs will be paid by the Petitioner, and vary depending on the situation.

There may be a risk of "opening up a can of worms" and bringing an absent parent back into the picture by filing a suit. This is something that must be considered thoroughly and discussed by the custodial parent with his/her attorney prior to any contact with the absent parent.

Even though the procedure requires time and energy, it is sometimes in the best interest of the child and can be an important step towards a happy and healthy future.

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November is National Adoption Month
Posted by: Laura Kalish
November 19, 2009

November is National Adoption Month and 2009 is the tenth anniversary of this event. November 21st is National Adoption Day, and many courts around the country will be finalizing adoptions. In addition, policy makers, adoption advocates and adoptive parents will be celebrating in a variety of ways. To learn more about this year's celebrations, to follow on Twitter, or to get involved, see http://bit.ly/3YJ982.

Kalish Law Office has been involved in domestic adoptions for 25 years, and international adoptions for almost 20 years. According to the U.S. State Department, there have been about 215,000 international adoptions to the U.S. in the time period between October 1, 1998 and November 30, 2008. http://bit.ly/Z4HGt

During that period of time, the laws have changed in both domestic and international adoptions. In the domestic area, states have enacted laws which require specific requirements which MUST be met prior to the approval of an adoption. Some requirements which were in the "judge's discretion" are no longer left to a case-by-case basis. There have also been changes in the law regarding terminations and adoptions involving Child Protective Services as well as adoptions involving one or more states.

In the international arena, the Hague Convention is being implemented by many countries around the world. The process for adopting a child and bringing her/him to the US will vary, depending on the country of the child's residence, and other facts of the case. It is crucial that potential adoptive parents understand the laws that will apply BEFORE beginning the adoption process, and in many cases, before initiating any contact with the child's biological parents or legal guardian. It is also crucial that the potential adoptive parents have accurate, current information regarding U.S. immigration policy and that all paperwork is filed properly and in a timely manner.

Working with adoptive families is one of the most rewarding aspects of the legal profession!

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