Attorney-at-Law 7600 Jericho Turnpike Woodbury, NY 11797 Adoptlaws@aol.com WAXMAN & WINCOTT, P.C., Counsel
For twenty-one years, the firm has concentrated in adoption law in its various forms: private adoption (independent adoption), agency adoption, step-parent adoption, and international adoption. The firm also concentrates in certain specialized litigation.
Fred Wool, the firm's founder, has been active in adoption law for some twenty-two years, commencing shortly after the adoption of his daughter, the first of two children. He often speaks before lawyers (continuing legal education programs) and the public (seminars and training) and is active in all phases of adoption law. Although his firm is in New York, Mr. Wool interacts with clients and attorneys nationwide. The office is located at 7600 Jericho Turnpike, Woodbury, NY, 11797; telephone 516 496 7171 (email Adoptlaws@aol.com and use the reference, "INQ". Brief telephone inquiries are possible.
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Don't tempt fate. No matter how urgent or tempting an opportunity is, contact an experienced adoption lawyer first. The first step is often critical. It is too often mistaken. As just one example, some states, such as New York, require that specific legal steps be taken before the birth of the adoptive child. Under certain circumstances, the failure to take those steps can result in removal of the child. As another example, the seemingly logical step of contacting a birth parent before commencing a step-parent adoption may actually doom the proceeding. Every adoption is the legal assumption of permanent parenthood of a child by a non-parent. It's important to begin the process based upon knowledge, not rumor or gossip. Sometimes friends with the best intentions provide bad information. This is because individual cases tend to be unique, and any experience, no matter how wonderful or unpleasant, was unique to that set of people, that agency, or that advisor. Every state has its own laws and rules. Even individual counties or judges differ. A great sounding agency may incorrectly tell you that it can place a child in your state. Again, this may make the experience of one person misleading to another. But it all can be checked. The lesson is to pick your advisor or attorney carefully, and then trust that person, not gossip. Interestingly, ethical attorneys and agencies are usually no more expensive and are often less. Because each State has its own rules, you shouldn't be influenced by bad news from another State. The infamous Midwest cases of the 90's were each controlled by laws special to those states. For example, one State may give a birth father (also called "natural father") who "doesn't know" about the pregnancy, unlimited time to make a claim of fatherhood. Another state, however, may require a clear, objective showing by the father, at or before birth, that he is ready, willing, and able to parent. In some states, permanent anonymity of the parties is required. In some states, exchange of identities is mandatory. In some states that initially require or permit anonymity, the child and the birth parent may register with the state so that when both are adult, and if both have registered, they can be put in touch or meet. The two most common misconceptions about private adoption are (1) that healthy newborns are simply unavailable, and (2) that enormous sums must be risked or spent. Neither is true. Becoming a citizen. If a child is brought into this country for the purpose of adoption under the auspices of the Immigration and Naturalization Service, the order of adoption will automatically confer citizenship Tax laws now help with expenses of adoption. Again, check with a professional.
The last point brings us back to the first. A step taken without expert advice is usually a misstep.
An active member of his state bar's Committee on Adoption, Mr. Wool has authored several guides for lawyers, but has recently turned to fiction. His novel, a romantic comedy set against an inside look at private adoption and courthouse twists, is soon to be published. Limited pre-release editions of "Adopting A Lie" [(c)copyright Frederic A. Wool, Woodbury, NY, 2001-2004, All Rights Reserved] may be requested via telephone or email, and personalized on request. Contact adoptlaws@aol.com and use the reference, "AAL".
FAQS Table of Contents
1. How do I adopt in New York?If by agency, by applying to the agency (which must be a New York Agency or an "Article13" out of state agency). If by private adoption (also called "independent adoption"), then by becoming certified (see Q.7) then finding a child or child to be born, and gaining the consent of the birth parent or other person having custody. Once you have custody, you must promptly petition the court to approve the adoption.
Back to Top of FAQS2. Can I proceed without an attorney?You may be able to complete parts of the process without an attorney. In general, however, there are confidential aspects of the process that require an attorney's help. A lawyer will help avoid mistakes and save time. Back to Top of FAQs3. Who can adopt?The law provides that all of these people can adopt in New York: a single person, a married couple, or a legally separated person (with certain conditions). Case law has also permitted adoption by the spouse or - in some cases - the life partner of the parent of a child. Same sex couples have been permitted to adopt together. Back to Top of FAQs 4. What is step-parent adoption?A step-parent can adopt his child. The biological parent (spouse) of the step-child continues to be the parent. Back to Top of FAQs5. What is the court process?A. The Petition Assuming that you have been certified (see Q.7), if necessary, the legal steps to an adoption begin with a petition. The basic information required in an adoption petition includes:
B. Notice As a general rule, prior notice of the adoption hearing must be given to all persons required to consent to the adoption, unless they have given up their rights to such notice. Many States also require that notice be given to the child to be adopted. The parties given notice are required to respond within a specified time period, usually between 20 and 30 days. The method of giving parties notice varies from state to state and case to case. In many cases, notice must be given to the individual in person. In some cases, notice may be given by the mail. If the party cannot be found, or if his or her identity is unknown, notice can be given by publication in a newspaper if statutorily allowed. Anyone who has been named under oath as the parent or has brought a proceeding claiming to be parent or had been named on the birth certificate or who was married to the birth parent within 12 months of the birth is entitled to notice of the adoption. Entitlement to notice, however, does not meant that the person has rights to the child. Those rights may have been abandoned. C. Consent All adoptions are based upon the consent of persons or agencies with legal care or custody of the child. In most states, the consent must be in writing and either witnessed and notarized or executed before a judge or other designated official. Many states, including New York, permit a minor parent to consent. Most states do not allow consent to an adoption until after the child's birth D. Investigation An investigation and home study to determine the appropriateness of particular adopting parents are required in every state before an adoption can occur. However, an investigation and home study may not be required if a relative or step-parent is adopting. Local adoption laws specify who will conduct the investigation. In most case, a child welfare or social service agency or social worker will investigate, and the in some cases the court to decides whom to appoint as an investigator.
Back to Top of FAQs6. Who can be adopted ?In all States, a child may be adopted. In New York, a child or adult can be adopted and a step-child can be adopted by his step-parent. The adoption of foreign-born children involves U.S. immigration laws and policy, and the issuance of visas to such children. Many States have, by statute, created special procedures for adopting foreign-born children or for recognizing adoptions finalized overseas. A number of U.S. agencies specialize in international adoption. In addition, recent federal law provides that a child who enters the country under a visa applied for adoption purposes, automatically becomes a citizen when the adoption order issues.
Back to Top of FAQs
7. What is Certification?Certification is the process in New York by which a person or persons qualify to receive custody of a private placement adoptive child. The law says that this step must be taken (or, in certain cases, commenced) before the persons accept custody of the child. Certification requires a petition filed in court, a homestudy by a qualified investigator, fingerprinting and an investigation of any child abuse history.
Back to Top of FAQs ____________________________________________ 8. In private adoption, what expenses do adoptive parents pay to or for birth parents? New York has a statute that specifies the type of birth parent expenses a prospective adoptive family is allowed to pay. The actual cost is usually limited by a standard of what is "reasonable and necessary," and for a period of not more than either three or four months Expenses commonly allowed include:
A rule of thumb is that a reimbursement of a pregnancy related expense is permissible while a gift or other thing of lasting value is not.
Back to Top of FAQs ___________________________________________________For brief inquiries, email Adoptlaws@aol.com and use the reference, "INQ"
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