Financial Supports and Funding for Adoption in New York
While fees for private or international adoption may range anywhere from $10,000 to $30,000, adopting from foster care is either low cost ($2,000 or less) or free. In addition many of the children adopted from foster care are eligible for adoption assistance and medical insurance (adoption subsidy) to help their parents cover the costs of caring for them.
In this section you will find information about
- Adoption subsidy eligibility and regulations;
- Tax benefits for adoptive families;
- Grant, loan, and employer benefit programs to assist with funding adoption related expenses.
Considering Foster Care & Adoption Subsidy Payments as Income
Foster Care boarding home and adoption subsidy maintenance payments are not considered as family income for income tax purposes, but either may be considered as income for other purposes such as determining eligibility for subsidized housing.
Clear Your Name an updated SCR GUIDE | AFFCNY 2022
This is a step-by-step guide *on how to find out if there are records of child abuse, neglect, or maltreatment against you in the New York State Central Register (SCR)
Federal Laws and Legislation on Permanency for Children
Federal Laws and Legislation on Permanency for Children in Foster Care: Permanency, as epitomized by a safe, stable relationship with a nurturing caregiver, allows these basic needs to be met.
Sources for New York Adoption Law Code
Sources for New York Adoption Law Code
Disclosure of Information in Adoption
By law, medical and psychological information about the child and the child's birth parents must be provided to prospective foster parents and upon request to the foster parent if the child is already in foster care. Additionally, when a child leaves foster care, the medical histories must be provided to the child directly and upon request to any adopted former foster child.
Wrongful Adoption Litigation & Practice
Courts have recognized a duty to disclose known material information about a child's health and social background to prospective adoptive families. In the face of a breach of this duty to disclose, courts have held agencies liable and awarded adoptive families monetary damages.
The Basics: Adoption in New York State
The VERY basics of adoption law in in New York State from New York City Cross Borough Collaboration
New York State Bar Association's Adoption in New York
This pamphlet has been prepared to assist you in understanding some of the basic adoption laws and procedures in the State of New York. New York is a progressive and reasonable State in relation to its views and laws on adoption.
Placement of Children With Relatives
In order for states to receive federal payments for foster care and adoption assistance, federal law under title IV-E of the Social Security Act requires that they “consider giving preference to an adult relative over a nonrelated caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant state child protection standards.”
From Foster Parent to Adoptive Parent
Children adopted from foster care bring with them the background and experiences of their birth family and any prior foster care placements which will have to be incorporated into family life. Doing so requires honoring the child's birth heritage and positive memories and building upon them. In this and other respects, parenting adopted children is different than parenting children by birth.
New York State OCFS Policy Directives
Policy Directives are how the Office of Children and Family Services communicate down the local Department of Social Services offices in each county. A selection of recent NYS Office of Children and Families Services policy directives of particular interest to foster and adoptive families.
New York State Adoption Subsidy
The New York State Adoption Subsidy is intended to help provide permanency for children with special needs in public foster care by offering ongoing financial and medical assistance, also known as an adoption subsidy, to adoptive families.
Calculating the Amount of Adoption Subsidy Based on Income
In New York State, monthly adoption subsidy payments continue until the child is 21, unless the adoptive parent is no longer legally responsible for the support of the child or the child is no longer receiving any support from the adoptive parent. The adoption subsidy is supposed to follow the child.
NYS Special and Exceptional Adoption Subsidy Rate Definitions
NYS Special and Exceptional Adoption Subsidy Rate Definitions
Adoption Tax Credits and Benefits
For adoptions finalized* in 2018, the adoption tax credit is up to $13,810 per child. The 2018 adoption tax credit is not a refundable credit, which means you only benefit from the credit if you have federal income tax liability
New York governor signs law allowing unmarried partners to adopt
New York Governor David Paterson signed a bill in 2010 allowing unmarried partners, including LGBTQ+ couples, to jointly adopt a child. The law [A 05652 ] amends the language of Section 110 of New York’s domestic relations law to allow two unmarried adult intimate partners to adopt a child.
Do Foster Care & Adoption Subsidy Payments as Count as Income?
Since 1974, the IRS has ruled that adoptive parents do not need to include adoption assistance benefits in their taxable income. Foster Care boarding home and adoption subsidy maintenance payments may be considered as income for other purposes such as determining eligibility for subsidized housing.
The National Center for Adoption Law & Policy
The National Center for Adoption Law & Policy offers a weekly summary of relevant news stories and cases in the areas of adoption and child welfare. This service is available on their website as well as through email.
New York State Adoption Subsidy Forms
NYS OCFS Adoption Subsidy Agreement forms are available. Prospective adoptive parents should read the completed forms and instructions carefully before signing the agreement as they contain important information about agreed upon rates, eligibility, reporting requirements, and post-finalization amendments to the agreement.
Reinstatement of an Adoption Subsidy
In cases where the adoptive parents may have requested the subsidy be suspended because the child left the home or they no longer wish to receive the subsidy, the adoptive parent(s) can have it lifted
What Happens to the Adoption Subsidy if…
All parents should have wills to make sure their children are cared for in the event of their death. When an adoptive parent is incapacitated on a long-term basis, the situation is more complicated.
What We Know (and Don’t Know) About Adoption Subsidies
Adoption subsidy is governed by Federal Law under Title I-V E of the Social Security Act and State Law under Social Services Law 451 and regulations of the New York State Office of Children and Family Services (OCFS) under 18 N.Y.C.R.R. 421. There are many complexities and exceptions, even exceptions to exceptions
Funding Adoption Expenses
“I cannot afford to adopt” is something we see almost every day especially on social media. Find information about grant, loan, and employer benefit programs to assist with funding adoption expenses.
Adoption Benefits in the Workplace
The lack of adoption benefits can increase the cost of an adoption, especially for those who are forced to take time off without pay to spend with their child. Had there been an adoption benefit from my employer at the time of our child’s birth, this benefit would have allowed me time off to spend with her, without having to worry about lost wage from work in addition to the actual adoption-related expenses.
7 Categories of “Hard to Place” in New York State
Children who have been in foster care when they are freed for adoption can be eligible for an adoption subsidy paid by the state and county to the adoptive parents until the child is 21 years of age if the child is handicapped or “hard to place.”
Opinion: Subsidy & Referral to Support Collection
An analysis of the Final Rule proves helpful in making the case that adoptive parents whose children must return to foster care should only be responsible for support in the amount of their adoption subsidy payments.
ASFA; Adoption and Safe Families Act Overview
The primary purpose of the ASFA was to shorter the length of time a child spends in foster care and speed up the process of freeing children for adoption. ASFA places primary importance upon the safety of the child.
ASFA; Adoption and Safe Families Act in New York State
The ASFA affects both agency and private adoption practice in several ways, which are the focus of this chapter. Of perhaps greatest significance to the process is that fingerprinting of prospective adoptive parents is now mandated.