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

ADOPTION & ASSISTED REPRODUCTIVE TECHNOLOGY (ART) ATTORNEYS

    What Are Agency Requirements for Post Adoption Contact with the Birth Mother?

    23 January 2019

    For decades, the details of private agency adoption were a well-kept secret. The rationale back then originated with the idea of protecting the birth mother and child from the stigma of illegitimacy. Fortunately, times change.


    Years of secrecy and sealed records have taught us that this approach is not in the best interest of the child or the birth families. Unanswered questions left birth parents with a lingering feeling of loss that many were unable to reconcile. And as the field of genetics advanced, it left adoptees without important access to their birth family's medical history.


    THE BIRTH OF OPEN ADOPTION

    The benefits openness has on all parties involved, including adoptive parents, led to the PACA or Post Adoption Contact Agreement. The beauty of this agreement is that while it may be a legally binding document depending on the State law controlling the adoption, it is highly individualized to meet the specific desires of both the birth parent(s) and the adoptive parents. Once all parties agree to the terms, the agreement may be approved by a judge, or in some cases is only approved by the parties. In cases requiring judicial approval, the judge will base their decision on the best interests of the child.


    THE BENEFITS

    Throughout your adoption journey, ongoing conversations with your attorney and the birth parents will help you to take a look into the future and begin to determine what kind and level of contact you would like to have with your child's birth parents and, most importantly, to set the contact parameters for your child.


    While you may initially feel that you are venturing out of your comfort zone, research shows that adopted children whose parents have a working relationship with their birth parents find it helpful when they get older.


    Many birth parents take great comfort in receiving periodic updates on their child to assure them that the child is physically, emotionally, and developmentally thriving.


    CLEAR BOUNDARIES

    Open communication early in the adoption process is the key to creating a mutually satisfying PACA. Conversations can be limited to a basic introduction and exchange of ideas to getting to know one another on a much more personal level from pre-birth to post adoption.

    Openness is not a legal term, and there are no right or wrong answers when it comes to setting up your PACA. The boundaries set will be your own, a collaborative effort between birth parents and adoptive parents.


    Nevertheless, once your agreement becomes a legal document, those boundaries will be clear, leaving no room for uncertainty or anxiety.


    TERMS

    While your PACA is uniquely yours, there are certain basic terms that should always be included, such as clauses that:


    - Forbid a court from increasing the level of contact at a later date.

    - Forbid the posting of pictures or any other identifying information on any type of social media site.

    - Require birth parents to notify adoptive parents if the child contacts them without the adoptive parents' knowledge.


    It is also very important at this time for you to think about terms you want to avoid. Think carefully about the commitment you are making, and look ahead to the future. Do not allow yourself to feel pressured to agree to something that you are uncomfortable with.


    There may also be proposed terms that you would readily honor in theory, but cannot agree to due to circumstances beyond your control. For example, if your employer requires you to relocate periodically, you may not be able to commit to a specific visitation schedule.


    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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