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ADOPTION & ART ATTORNEYS IN MARYLAND, DISTRICT OF COLUMBIA & VIRGINIA

ADOPTION & ASSISTED REPRODUCTIVE TECHNOLOGY (ART) ATTORNEYS

    Can I Prevent Information About My Adoption From Being Shared?

    20 September 2018

    When an adoption is completed, family and friends may have questions. These may be more intrusive or insensitive than you’d like. In some instances, information may not necessarily be available to you. It can feel like an intrusive violation when others want to know too much particularly when it is information you do not know. Similarly, when circumstances arise that require information to which you don’t have access, it can feel like you’ve run into a brick wall. How you handle these situations is largely up to you.


    What’s Known, and What’s Not

    Depending on the type of adoption process you go through, there may be a variety of information that is (or is not) shared. Shared information means that those who are involved in the adoption can access that information although may not always be authorized to release the information to you directly. In open adoptions, the identities of the adoptive and birth parents are often known to each other and the available records might provide a social or medical history, medical records or other summaries regarding the adoption plan. In open adoptions, most relevant information about the birth parents is available to the adopted child and adoptive family and vice versa. This is the most common adoption in current times. Many years ago, all the adoptions were closed or only semi-open. Today, agencies still have semi-open adoptions but almost all private adoptions are considered open.


    In semi-open adoptions some information is withheld about the birth family due to their request for privacy or no contact. Usually social and medical history that is non-identifying is shared, the parties may still meet but would only exchange first names and may even spend time together at the hospital. The exchange of information is usually handled by a third party either through an internet program or agency.

    In a closed adoption, this information may be strictly guarded and unavailable, even to those involved in the process. Members of the adoption triad (adoptees, adoptive parents, birth parents) may be able to request access to that information, but having an adoption record unsealed can be a difficult task. Hiring an experienced adoption attorney is often the best way to pursue information in closed adoptions.


    Breaking the Seal of Silence about Adoption

    Whether the adopted child is an infant, a toddler, or a teen, adoption details may be traumatic and unsettling or, in some cases helpful and enlightening. It’s your decision as to how much of that you share with the child as well as with family, friends, or anyone else.. There are thousands of families across the US that might be struggling with how much to reveal, whether to allow unfettered questions from those outside the family, and how those queries affect their family dynamic. Should you choose to be as open as possible about your family’s experience with adoption either with family or more publicly through a blog, interview or other avenues, you could be providing support for another family to do the same. Adoption is a wonderful way to build your family and is something to be celebrated and cherished. In the end, however, your level of comfort determines how much you share about your experience.


    Fielding Intrusive Questions

    When people request personal information about your adoption it is acceptable to let them know that the information is private and it’s your child’s story to share when they are older. Handling the dissemination of information regarding an adoption doesn’t have to be painful, stressful, or difficult as long as you think about what you will say and to whom you will share information prior to being asked questions. Just about every family that’s formed through adoption must field some questions that aren’t appropriate, are difficult to answer, or may be just plain intrusive. You have the right to disclose as much or as little information about your family’s adoption process as you are comfortable disclosing. Keep in mind that you have every right to say, “I don’t want to talk about that,” or to refuse to answer questions you feel are inappropriate.


    Enlisting Professional Help

    Sometimes, there are reasons that you need additional information, especially in a closed adoption. Family medical histories, for example, are often not part of the adoption information provided to adoptive parents. This means that if a serious illness occurs, you may not have access to the information your child’s doctor needs to secure a positive outcome. In these situations, or whenever additional information is necessary, it may be most effective to consult with an adoption attorney. At Jennifer Fairfax, Family Formation Law Offices, you’ll get the assistance you need. Breaking the seal on any adoption can be difficult and fraught with legal questions. Jennifer and Catelyn have the expertise to help you fight through the red tape to get the information you need.

    22 November 2024
    In today’s diverse family landscape, second-parent adoption has become an essential legal tool for many families, particularly for those formed through assisted reproduction, same-sex relationships, or blended families. At Modern Family Formation, we focus on adoption and assisted reproduction law across Virginia, Maryland, and the District of Columbia, and we recognize the critical importance of second-parent adoption for non-delivering parents. This legal process ensures that both parents in a family, regardless of biological connection, are recognized and protected under the law. Understanding Second-Parent Adoption Second-parent adoption, also called Confirmatory adoption, allows a non-delivering parent to gain legal recognition and parental rights without the need to terminate the rights of the biological parent. This type of adoption is particularly relevant in families where one parent is biologically related to the child, while the other is not. For example, in many same-sex couples, one partner may be the biological parent through assisted reproduction, while the other partner seeks to adopt the child to ensure equal legal standing. In some cases, the non-delivering or birth parent may be the genetic parent of the child, but will still need to adopt to secure their rights. Legal Security for Your Child The most compelling reason for second-parent adoption is the legal security it offers your child. If laws changed and your parentage was challenged, the Judgment or Order of Adoption would protect your family. This protection provided includes medical care, education, and even custody should something happen to the birthing parent. Second-parent adoption ensures that both parents can provide care and make crucial decisions throughout the child's life. Protection Across State Lines Family laws can vary significantly from state to state. Second-parent adoption creates a legally recognized relationship between a child and both parents, which is respected nationwide. This means your family can move or travel without worrying about the variability of state laws affecting your parental rights. Ensuring Inheritance Rights Without a legal parent-child relationship, a child may not automatically inherit from their non-birthing parent. Second-parent adoption safeguards a child’s right to receive an inheritance, social security benefits, or insurance payouts. It provides peace of mind knowing that, in the event of the unthinkable, your child’s financial future is protected. Emotional Stability and Recognition Beyond the legal aspects, second-parent adoption affirms the emotional bond in the family.. It validates the family unit in the eyes of society and gives the child a sense of stability and belonging. Knowing that both parents are recognized equally reinforces the child's understanding of their family structure. Facilitating Parental Responsibilities Day-to-day life involves countless interactions where parental authority is assumed or required. Picking up a child from school, authorizing a field trip, or attending a doctor’s appointment are all situations where having clear, legal parental status is essential. Second-parent adoption removes any ambiguity about who has the authority to act on behalf of the child. Preparing for the Future Life is unpredictable, and preparing for all eventualities is part of responsible parenting. Should the birthing parent become unable to care for the child due to illness or death, second-parent adoption ensures that the non-birthing parent retains full parental rights, avoiding potential custody battles with other relatives or the state. Health Insurance and Benefits Many employer health plans and government benefits extend coverage to a child only if there is a legal parent-child relationship. Second-parent adoption may become necessary for securing these benefits for your child, including health insurance, life insurance, and access to family leave if your legal relationship was challenged. Reflecting Real-Life Families Our society is evolving, and the concept of family is more inclusive than ever before. Second-parent adoption is a way for the law to catch up with reality, recognizing and protecting all family structures. It sends a message that all families, regardless of how they are formed, are valid and deserving of equal treatment under the law. Conclusion At Modern Family Formation, we believe that every family should have the opportunity to secure their bonds through the full extent of the law. Second-parent adoption is not just a legal formality; it's a crucial step in safeguarding the well-being of children and the rights of non-biological parents. It's about ensuring that love, not just biology, defines what it means to be a family. If you're considering second-parent adoption, know that you're taking a powerful step towards protecting your family's future. If you have questions or would like to learn more about second-parent adoption, please contact Modern Family Formation today!
    10 September 2024
    Adoption is a profound journey that reshapes family boundaries, often bringing immense joy and fulfillment. Among the various forms of adoption, kinship adoption stands out as a unique opportunity to maintain biological family ties while providing children with the stability and love they need. As an adoption attorney, I have witnessed firsthand the transformative power of kinship adoptions and the myriad benefits they offer to both children and families. Preserving Family Bonds Kinship adoption occurs when a child is adopted by a relative or a person with whom they share a significant emotional bond. This could be a grandparent, aunt, uncle, adult sibling, or cousin.. One of the most significant advantages of this arrangement is the preservation of familial connections. Children in kinship adoptions may experience less trauma compared to non-relative adoptions because they are placed in a familiar environment, with people they already know and trust. Continuity of Culture and Identity Children thrive on continuity, and kinship adoption can provide a sense of identity and belonging that is crucial for their development. By staying within their biological family, children can maintain their cultural heritage, traditions, and language. This continuity can help to foster a strong sense of self and supports a smoother transition into their new family dynamic. Strengthening the Support Network Kinship adoption not only benefits the child but also strengthens the support network for the adoptive family. Relatives often have an established relationship and understanding of the child's background and needs. This shared history can make it easier for the family to navigate challenges and celebrate successes together. Legal and Financial Considerations From a legal standpoint, kinship adoption can be more straightforward than other types of adoption. Since the adoptive parents are already related to the child, there may be fewer hurdles to overcome in terms of custody and parental rights depending on the circumstances. Additionally, some states offer financial assistance and resources specifically for kinship adoptions, helping to alleviate potential economic burdens. Emotional Stability and Well-Being Children in kinship adoptions generally benefit from greater emotional stability. They may be less likely to feel abandoned or rejected since they remain within their family unit. This stability is essential for their emotional well-being and may lead to better outcomes in terms of mental health, academic performance, and social relationships. Conclusion Kinship adoption is a compassionate choice that can enrich the lives of everyone involved. It offers a way to keep families together, preserve important bonds, and provide children with the love and security they deserve. As an adoption attorney, I am committed to supporting families through this process, ensuring that the best interests of the child are always at the forefront. If you are considering kinship adoption, we encourage you to explore this rewarding path and discover how it might benefit your family and your loved ones. Learn more about kinship adoption now.
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