Posts Tagged ‘U.S.’

Adoption Law

Adoption is defined as the legal process by which a person becomes a lawful member of a family different from their birth family. An order of adoption is ruled by the court, granting adoptive parents the same rights and responsibilities as parents whose children are born to them. The adopted child therefore receives the rights to inheritance, child support, having their name legally changed and an issuance of an amended birth certificate.

There are different types of adoption. They are classified as independent, agency, stepparent, relative placement and adult adoption. An independent adoption occurs when adoptive families and birth parents find each other on their own or through the assistance of an adoption intermediary. Agency adoptions are different in that they are handled through a child placement agency that is licensed by the State Department of Social Services. Stepparent adoptions are defined when a family adopting is a birth parent with a new spouse and if the other parent has relinquished rights. Adult adoption is the process whereupon a person eighteen years or older is legally adopted by one or more persons eighteen years or older. Last, relative placement adoption is when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse or neglect, and another relative assumes physical custody and responsibility for a child.

In the United States, two-thirds of all adoptions are agency adoptions.

Who may adopt? The U.S. Constitution does not outline fundamentally the right to adopt. Requirements for adoption are based on individual state law. Most states have modeled their adoption statues upon the Uniform Adoption Act. This act provides that any individual may adopt another individual in an effort to create the legal relationship of child and parent, subject to the adopting individual having reached adulthood. In regards to factors that may disqualify one who can adopt, differs by states. The Uniform Adoption Act does not prohibit the unmarried from adopting but some states do. Other states disqualify those suffering from physical or mental disabilities from adoption and/or have ‘reputability requirements’.

With reputability requirements, an individual cannot petition for adoption unless the court makes an official finding that the individual is acceptable as an adoptive parent. This requires that an investigatory report be submitted by a state agency qualifying the individual. Details such as the potential adoptive parent’s religion, social history, financial status, moral fitness, mental and physical fitness and criminal background are weighed.

In many states, gays and lesbians are restricted from adopting.  Some jurisdictions consider sexual orientation as one factor when considering if a parent fits the acceptability requirement. Yet, out-of-state adoptions must be recognized per Adar v Smith. In the U.S. there are 270,000 children living with same-sex couples, one quarter of these or 65,000 have been adopted.

Before adoption can occur, the birth mother and birth father, (if he has properly established paternity) hold the primary right of consent to adoption of their child. Either one or both parents could have their rights terminated for reasons that include abandonment, failure to support the child, mental incompetence, or parental unfitness due to abuse or neglect. When neither parent is able to give consent, legal entities are given this responsibility. These entities include agencies that have custody of the child such as a person who has been given custody, a guardian, a court having jurisdiction over the child, a close relative of the child or a ‘next friend’ of the child who is a responsible adult appointed by the court.

Older children must give consent to their adoption. Most states age of consent is at 14. Each state’s law specifies when consent can be executed. Most states specify that a birth parent may execute consent to adoption any time after the birth of the child. Other states require a waiting period. The shortest waiting periods are 12 and 24 hours – the longest are 10 and 15 days. The right of a parent to revoke their consent is strictly limited and some states it is irrevocable.

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Adoption Laws in the United States; A Summary of the Development of Adoption Legislation and Significant Features of Adoption Statutes, With

Product Description
The book has no illustrations or index. It may have numerous typos or missing text. However, purchasers can download a free scanned copy of the original rare book from the publisher’s website (GeneralBooksClub.com). You can also preview excerpts of the book there. Purchasers are also entitled to a free trial membership in the General Books Club where they can select from more than a million books without charge. Title: Adoption Laws in the United States : a Summary of the Development of Adoption Legislation and Significant Features of Adoption Statutes, With the Text of Selected Laws; Original Publisher: Washington : U.S. Dept. of Labor, Children’s Bureau; Publication date: 1925; Subjects: Adoption; Children;

Adoption Laws in the United States; A Summary of the Development of Adoption Legislation and Significant Features of Adoption Statutes, With

The Life We Were Given: Operation Babylift, International Adoption, and the Children of War in Vietnam

Product Description

In April 1975, just before the fall of Saigon, the U.S. government launched “Operation Babylift,” a highly publicized plan to evacuate nearly three thousand displaced Vietnamese children and place them with adoptive families overseas. Chaotic from start to finish, the mission gripped the world—with a traumatic plane crash, international media snapping pictures of bewildered children traveling to their new homes, and families clamoring to adopt the waifs.

Often presented as a great humanitarian effort, Operation Babylift provided an opportunity for national catharsis following the trauma of the American experience in Vietnam. Now, thirty-five years after the war ended, Dana Sachs examines this unprecedented event more carefully, revealing how a single public-policy gesture irrevocably altered thousands of lives, not always for the better. Though most of the children were orphans, many were not, and the rescue offered no possibility for families to later reunite.

With sensitivity and balance, Sachs deepens her account by including multiple perspectives: birth mothers making the wrenching decision to relinquish their children; orphanage workers, military personnel, and doctors trying to “save” them; politicians and judges attempting to untangle the controversies; adoptive families waiting anxiously for their new sons and daughters; and the children themselves, struggling to understand. In particular, the book follows one such child, Anh Hansen, who left Vietnam through Operation Babylift and, decades later, returned to reunite with her birth mother. Through Anh’s story, and those of many others, The Life We Were Given will inspire impassioned discussion and spur dialogue on the human cost of war, international adoption and aid efforts, and U.S. involvement in Vietnam.

The Life We Were Given: Operation Babylift, International Adoption, and the Children of War in Vietnam

The Boy from Baby House 10: From the Nightmare of a Russian Orphanage to a New Life in America

Product Description

In 1990, a young boy afflicted with cerebral palsy was born, prematurely, in Russia. His name was Vanya. His mother abandoned him to the state childcare system and he was sent to a bleak orphanage called Baby House 10. Once there, he entered a nightmare world he was not to leave for more than eight years. Housed in a ward with a group of other children, he was clothed in rags, ignored by most of the staff and given little, if any, medical treatment. He was finally, and cruelly, confined for a time to a mental asylum where he lived, almost caged, lying in a pool of his own waste on a locked ward surrounded by psychotic adults. But, that didn’t stop Vanya.

Even in these harsh conditions, he grew into a smart and persistent young boy who reached out to everyone around him. Two of those he reached out to—Sarah Philps, the wife of a British journalist, and Vika, a young Russian woman—realized that Vanya was no ordinary child and they began a campaign to find him a home. After many twists and turns, Vanya came to the attention of a single woman living in the United States named Paula Lahutsky. After a lot of red tape and more than one miracle, Paula adopted Vanya and brought him to the U.S. where he is now known as John Lahutsky, an honors student at Freedom High School in Bethlehem, Pennsylvania and a member of the Boy Scouts of America Order of the Arrow.
 
In The Boy From Baby House 10, Sarah’s hus band, Alan Philps, helps John Lahutsky bring this inspiring true-life story of a small boy with a big heart and an unquenchable will to readers everywhere.

The Boy from Baby House 10: From the Nightmare of a Russian Orphanage to a New Life in America

Uscis Centralizes Processing Of Orphan Adoptions Change Will Streamline Processing

The U.S. Citizenship and Immigration Services (USCIS) had announced on April 1, 2010, the centralization of processing and adjudication of all new orphans’ (Non-Hague) petitions with the agency’s specific adoptions team in Missouri. The filing of petition to classify orphan as an immediate relative (Form I 600) and application for advance processing of orphan Petition (Form I 600A) by prospective parents will be accepted at the USCIS’ Dallas Lockbox facility. The file will be forwarded to the Orphan Unit at USCIS’ National Benefit Center (NBC) by the USCIS’ Dallas Lockbox facility for processing and adjudication of the case. The USCIS’ Dallas Lockbox facility will send a receipt notice with the NBC address and contact information to the applicant for further proceedings and contacts.

The prior mentioned proceedings will enable USCIS to take immediate course of action for processing of the application and petition. This course of action will also allow the USCIS to streamline and regulate the work processes. Such measures are taken intending the benefit of the parents involved in orphan adoption. Based on the NBC’s implementation of the USCIS Hague Adoption Convention program in 2008; the parents who intend orphan adoption are benefited by experiencing the specialized skills of the NBC Non-Hague Adoption Unit.

Requests to extend and change circumstances for the approval of Form I-600A will be accepted at the Local USCIS field offices in the USA, in relevance to the current filing instructions.

Overseas U.S. citizens involved in orphan adoption can continue to file Form I-600A at a U.S. Embassy or Consulate abroad, which has the legal rights to accept the petition. However the petitioner involved in orphan adoption abroad, should be physically present in the adoptive child’s country and have an approved Form I-600A. Citizens of the United States living abroad can continue to file the Form I-600A with an overseas USCIS office or the Dallas Lockbox facility.

For further clarifications in orphan adoption, the interested prospective parents or guardians can go through http://www.uscis.gov/adoptions.

The Facts On Adoption

According to the Adoption Institute, 1.5 billion children are currently adopted. This puts the percentage of all U.S. children that are adopted at 2%. Clearly, there is a great need for families to step up, take orphaned or abused children into their homes, and care for them as their own. There are many different reasons that people adopt children and just as many different ways to go about doing it. Embryo Adoption When a couple is having trouble conceiving on their own, they sometimes visit a fertility doctor and have their sperm and egg conjoined outside of the womb. The resulting unborn embryos are then nurtured outside of the womb for a time before being inserted into the woman and brought to full term. Often, many embryos are formed outside of the womb for any given couple and after one has been successfully implanted in the female, there are frozen embryos that remain. It is now legal for couples who cannot conceive on their own to adopt the surplus embryos from other couples and bring them to full term in the woman’s own womb. There is much controversy surrounding this type of adoption but many childless couples are braving the opposition and paying sizable sums of money to adopt unborn embryos that they can birth themselves and nurture on their own. International Adoption Brad and Angelina have brought International adoption to the forefront of the media eye in recent days. However, families have been adopting children this way for decades. Many children in third world countries, such as Romania, are being badly mistreated in orphanages or have to fend for themselves on the dangerous streets. These children often have not seen their parents since soon after birth and are often times left completely alone in the world. Many couples are deciding to adopt these International children and raise them as their own. The adoption process for families wishing to take in International children can be lengthy and complex. In addition to the usual home and background inspections, there is also a need to the needed papers to visit your adoptive child in a foreign country and to create a dossier (legal papers) for the government from which you wish to adopt your child. Private Adoption This is the most commonly recognized form of adoption, wherein families adopt children via licensed agencies or through direct contact with the birth parents. In the private adoption process, there must be a total revocation of the birth parents’ rights to the child in order to make the adoption final. Many potential problems arise in the case of private adoption, when the birth parent is not fit to raise the child but still refuses to relinquish rights and let the child be adopted by a fit family. Laws on this matter vary from state to state, and should this problem arise it is imperative that the adoptive parents hire a skilled lawyer as soon as possible. The courts tend to favor birth parents when it comes to parental rights, but in some cases, the birth parents can be clearly proven as unfit to raise the child. For more information on adoption, visit http://adoptionmicroblog.com and http://kidsmicroblog.com.

3 Options Of Adopting A Child – Everything You Wanted To Know

Most people looking to adopt children always ask questions about what a child is like. This is an important factor to consider, as any parent who wants to welcome a child, who is not their own, into their home, needs to know all about a child and all the options available to them. Every child is different so it is difficult to know what to expect of a child, and also being placed in a different environment can change a child. By looking at children who have already been adopted, a general picture can be painted of what to expect.

1. First Option – Adopting A Baby

By adopting children within the U.S. these will generally be infants who are African-American Hispanic, or of mixed race. Caucasian children are usually dealt with by private Adoption agencies and not put up for public adoption. There are many people who wish to adopt an infant from an early age, maybe to simulate the experience of bringing up a child from birth. There are long waiting lists for people wishing to adopt a baby as it is the most popular choice, and it is difficult to find a child that young who has been placed for adoption, so it could be some time before a child becomes available.

2. Second Option – Adopt From A Foster Family

The second domestic option is to adopt a child from a foster family and waiting for a permanent home. Usually these children are older, ranging from grade school age up to adolescence. Some of these children have special needs – whether it be emotional, mental and or including physical disabilities. These are often called ‘waiting children’ and are treated as special cases which are handled by both public and the private adoption agencies. They have entities called adoption exchanges so that a suitable match can be found between the child and the parents. If a child has special needs, adoption subsidies are often available for the parents to help with the costs of caring for the special needs child.

3. Third Option – Adopt Internationally

The third option is to adopt a child internationally. There over fifty foreign countries to choose from that have children available for adoption. There are many reasons why a child is placed for adoption, which is usually connected to their race or culture of their parents. An example is that in South Korea, if a mother is unwed they are looked upon with shame, so the mother usually puts the child up for adoption. Many of these children can be found in orphanages, waiting for someone to come along and adopt them. Adopting a child internationally can be a long and arduous process, but there are agencies and attorneys set up especially for this.

Each individual has to find the option that is most suitable for them, but no matter: there are many children out there who available and hoping to be adopted. The children range from babies to adolescence, and can be found at home or abroad – children who have no families. For those parents expecting a child, and those wishing to adopt, adoption can be the solution and should be given careful consideration. More information can be found from sources online – Adoption.com and Adopting.org. These both provide essential information about adoption for all parties concened. Adoptablekids.com has photo listings of many children who are currently available and waiting to be adopted; this adoption exchange internet service is excellent for those who like to search and browse and see who is available.

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Adoption Network Law Center

Adoption Network Law Center – ANLC

Despite myths to the contrary, domestic newborn adoption remains alive and well in the United States. Current estimates of the annual number of infants adopted domestically (excluding foster and relative adoption) range from 25,000 to 30,000—more than all international adoptions combined. Moreover, the process can go much more swiftly that you might imagine. In a 2008 Adoptive Families survey, the majority of respondents were matched with a birthmother in less than 12 months, and 19% got “the call” to travel after the baby had already been born, without a prematch.

ANLC is a law center, not an agency, facilitator or law firm.

In most U.S. newborn adoptions, adoptive parents are selected by the birthparents of the child, and, in at least half of the cases, the birthparents and adoptive parents have met. Domestic adopters usually appreciate the opportunity to build a relationship with their child’s birth family. Ongoing contact is increasingly common, but the extent of contact varies significantly. A baby cannot legally be relinquished before birth. Most experts advise prospective adoptive parents to be careful about making an emotional commitment to a potential birthmother too early in her pregnancy.

Depending on the situation, and the laws of the state where the family lives and where the baby is born, prospective adoptive parents may cover some of the living and medical expenses of the birthmother.

If you’re just starting on the adoption journey, the wide array of choices before you can seem daunting at first–with each varying considerably from the next! With more options come more decisions, each with its own emotional and financial risks and benefits. To help you find the right path, here’s an overview of common routes to adoption.

Adopting a domestic infant via an adoption agency

Adoption Network Law Center: hopeful parents-to-be who seek a healthy, U.S.-born infant often enlist the help of an agency. Private agencies set their own criteria on applicants they will accept, some more restrictive than others. In the past, those using an agency had their names added to a list and waited for a match. Today, the trend toward openness means you’re likely to meet the birthparents, who may request ongoing contact with the child. The agency is likely to send a few sets of parent profiles to the potential birthparents, who pick the one they are most comfortable with. Then, the birthparents and adopting parents meet. At least half of the 15,000 or so domestic agency placements of infants each year involve such meetings. The child may be placed with the adopting parents immediately after birth or from foster care. If you insist on a closed process, your wait may be longer, since most agencies now encourage varying degrees of openness.

Adoption Network Law Center – ANLC article.

ANLC is a law center, Adoption Network Law Center.

Things to Consider Before Sponsoring a Child

Sponsoring a child – a less complicated option than adopting a child adoption is a complicated process. There is plenty of paper work, long period waiting months for the decision and there are limited quantity of kids accessible for adoption in USA and adopting a child costs big amount of money. If you select to support a kid or children as an alternative, the money could be utilized in supporting many children.

Presently, there is new a fashion in international adoption. Several U. S. citizens were currently looking further in the field in order to adopt kids who are in need. The latest earthquakes that happened in Chile and Haiti brought to the attention of the world how hopeless the children and orphans, who live in these poor countries and how vital they needed the support of others, help and love. However, dishonest or corrupt organizations which make profit from child trafficking has also adorned so that people will go into buying the child.

These liable organizations will then condemn this shameful organization saying that these children are not commodities or thing which can be sold and bought just like the used car. That’s why anybody that wants to be making difference to the needs of the children’s lives all over the world may help their best by sponsoring or adopting the children or a child via recognized children’s sponsorship charity.

A good reputation sponsorship charity can ensure the people that every cent of the donations that they are giving goes directly to the child or the community that the children stay. It improves not only the children’s lives but also the lives of the people that live in the same community too.
In choosing the child’s sponsorship charity organization, try to contact them first and ask some questions in relation to their policies, their ethics, their dedication to the Christian morals, and their mission. Keep in mind that the most significant persons in the world are our children.

It is not only the sponsorship that helps our children who are in need all over the world. Consciousness of the charities from your friends and from the local churches in your town or community may help others to be encouraged and consider the child sponsoring.

Adoption Information : What Legal Documents Are Needed to Get Married?


In order to get married, a couple should check the laws of the state in which they are planning to get married. Discover why a form of identification may be all that’s needed to get a marriage license withhelp from a certified family mediator in this free video on legal documents for marriage. Expert: Robert Todd Bio: Robert Todd is the managing partner and president of Robert M. Todd, PA and Family Law Solutions. Filmmaker: Christopher Rokosz