November is National Adoption Month and over the years, Lancaster County Orphan’s Court Judges have celebrated it with balloons and LOTS of adoption finalizations on a single day. The tradition was begun by the Honorable Judge Jay J. Hoberg but was suspended in 2020 and 2021 due to Covid-19. This year, with the help of
During the holiday season we often hear the quintessential phrase “Yes, Virginia, there is a Santa Claus.” Well, for those of you out there considering adopting someone over the age of eighteen, yes, there is adult adoption.
In the state of Pennsylvania, anyone can adopt and anyone can be adopted if they are legally free for adoption. That is, if the proposed adoptee’s parental rights have been terminated or in the case of an adult, if notice is provided to the adult proposed adoptee’s biological parents, unless otherwise waived by court order. The process in a minor’s adoption is relatively simple. In fact, the Pennsylvania Adoption Statute is like a recipe book which contains each step necessary to finalize an adoption. However, when adopting an adult, two Pennsylvania statutes must be considered. First is the Adoption Statute and the second is the Name Change Statute.
Continue Reading Adult Adoptions: Can I Really Adopt a Grownup?
Every year in November, we celebrate National Adoption Month. Given the fact that November is a time to give thanks, it has always seemed apropos that adoptions are celebrated during the same month as Thanksgiving. The fact that these two celebrations fall together just feels right, especially when considering adoptive families, without fail, will tell you how thankful they are for the child they have added to their family.
The road to adoption can take on many forms and can be smooth sailing or a viable roller coaster ride. Families can adopt internationally, domestically, privately, through licensed adoptions agencies, local social service agencies and as a step-parent. For some families, the process, while important and at times filled with angst, goes smoothly. Everyone is in agreement, minimum time requirements are met, the cost associated with the adoption is what was expected and all parties involved feel that they would do it all over again given the chance.
When families consider adoption, they have many choices and many decisions. Families can utilize a private adoption agency, where they can provide information to be included in a profile for birth parents to review and determine if that family should be the adoptive resource for their child. Private agencies charge a fee for their services. Families can also adopt through local social service agencies were children are placed because they are dependent. In those cases, no fees are paid to these social service agencies and instead, when children are placed for foster care, and/or adoption, often subsidies are paid to the family for the care of the child placed in their home. Both options result in adoption opportunities for many families, but it is always best to have a full understanding of the process. Whether a child is placed with a family for adoption privately, or through a local social service agency, here are ten questions you should ask at the beginning:…
Continue Reading Top 10 Things I Should Ask My Caseworker When Considering Adoption
In my previous post I discussed the steps leading up to the adoption hearing. In this post I will talk about your testimony and completing the finalization of your adoption.
Adoptive parents testimony is typically a recitation of the information contained in an Adoption Petition, and is simply comprised of each parties’ own biographical information, including your name, address, date of birth, age, place of birth, occupation, religious affiliation, racial background, date of marriage, and the first names and ages of any other biological or adoptive children. The adoption then requires confirmation of additional information, which I always refer to as “the silly questions.” They are silly because they are obvious, but the law requires that they are affirmed on the record. Those questions include the following:
- Have you received the medical history information with regard to your adoptive child, and is there anything in that information that would cause you to not proceed with this adoption?
- Does the proposed adoptee own any property of value? (toys don’t count)
- Is it your desire to continue the parent-child relationship you have established with the proposed adoptee, and if so, are you willing to assume the parental duties with regard to this child?
- Do you understand that if the Court grants your Petition today, the proposed adoptee will have all the rights and obligations as if they were your biological child? (duh – everyone knows that there is no distinction in the law between adoptive children and biological children)
- Have you had any out-of-pocket expenses related to this adoption that would not be reimbursed to you?
- This one is my favorite – What name would you like the proposed adoptee to assume?
Many of my families who are fostering to adopt children through the Dependency System spend months to years waiting for the day when their foster child is legally free for adoption. Many of those families have experienced pain, turmoil, disappointment, frustration, and always, the joy of raising a beautiful child. However, when they meet with me to move forward with the finalization of their adoption, they simply cannot believe that the process of doing so is as easy as I tell them that it is.
So, when you finally get to that magic moment when your foster child is legally free for adoption and your caseworker says now it is time to proceed to a finalization hearing, here’s what you can expect:
Many County adoption workers will provide the information necessary for me to prepare your Adoption Petition. Each County varies a bit, and when a County Agency and an affiliated Agency are involved, we all work as a team to get the information necessary to prepare your Petition. That can include information provided from your County caseworker, from your affiliated Agency caseworker, and directly from you. Once all the information I need to prepare the Adoption Petition has been provided, I prepare the Petition and schedule a time to meet with you to review the Petition and discuss the finalization process. Fortunately, that process is relatively simple when considering what many families have already been through to get to the place where they are sitting down with me to review and sign their Adoption Petition.
Continue Reading We Can Finally Finalize Our Adoption: What Now? – Part I of II
November is National Adoption Awareness Month. Any month is a good time to recognize the life-changing impact of adoption and the love and support given by adoptive families. I have worked with countless families throughout the years and they are among the most loving and generous people I know.
For many families, fostering children is their calling. Those families will foster many children for a period of time before those children return to the custody of a biological parent or other family member. Other families foster for the purpose of adopting children themselves. Families interested in fostering in order to be an adoptive resource in the future for their foster child should always understand as much about the process as possible. Start by asking the caseworker questions. Here are my top ten:…
Continue Reading 10 Things You Should Ask Your Caseworker Before Becoming an Adoptive Resource
As we move through the last quarter of 2018 and approach the end of the tax year, many families begin to gather necessary information for tax filings. For adoptive parents, the process of claiming their adopted child as a dependent on their annual income tax returns can be somewhat confusing when the adoption occurs later in a tax year and certain information and documentation cannot be obtained prior to tax filing deadlines.
When children are adopted, their legal status as dependents and their change of name are completed the day of their adoption finalization hearing. Typically immediately following the adoption finalization hearing, the judge overseeing the hearing will execute an Adoption Decree and shortly thereafter, the County court office which is responsible for processing adoption paperwork will issue a Certificate of Adoption. Those documents evidence an adoptive child’s new name and identify their legal parents. That information should be sufficient to claim a child dependency exemption for an adopted child. However, additional details are required in order to actually take an appropriate child dependency exemption for an adopted child. …
Continue Reading Child Dependency Exemptions for Adopted Children
Admittedly, I was not always a country music fan but over the years my tastes in music have changed and, with the crossover of country music into more mainstream popular music, I find myself liking country music more and more. There is something enjoyable and uplifting about the relatively wholesome lyrics. Let’s face it, if I have to ask my kids to make sure they are listening to a “clean” version of a song one more time, my head may explode. In addition to my growing love for country music, I love being an adoption attorney. It is one of the few areas of law in which I practice that almost always brings me joy and a true sense of accomplishment. So, imagine the overwhelming happiness I felt when driving with my son in the car and he played Thomas Rhett’s song “Life Changes”. …
Continue Reading What Does Thomas Rhett Really Know About Adoption?
Fortunately, the Child and Citizenship Act of 2000, which became effective February 27, 2001, streamlined the process of foreign born children being adopted by American citizens securing Pennsylvania birth certificates. This Act allows for adoptees in some cases to register their Foreign Adoption Decrees and then secure a Pennsylvania birth certificate rather than the prior requirement of a second or re-adoption in the United States after their adoption in their country of origin.
There are no definitive answers on what makes a foreign adoption able to be registered, but the language in the Act provides a Court “determines if it can be registered.” The requirements of a Petition to Register a Foreign Adoption Decree sets out criteria for the Petition which essentially defines which Foreign Adoption Decrees can be registered and which cannot.
Continue Reading Registration of Foreign Adoption Decrees – Goodbye Re-Adoption (Maybe)