Adoption

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Legal Issues in Adoption2019-10-31T15:54:26-04:00

Legal Issues in Adoption

Adoption is regulated by federal and state laws. The following resources should help you understand the basics about New York adoption laws; while other sections provide information about choosing an attorney, adoption law sources, and adoptive/foster families rights to information about adopted children and wrongful adoption.

More Information and Resources:

    Federal Laws and Legislation on Permanency for Children

    By |October 20th, 2019|Advocacy and Policy Issues, Foster Care Legal Issues and Supports, Legal Issues in Adoption, Permanency for Older Youth|

    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.

    Disclosure of Information in Adoption

    By |October 17th, 2019|Legal Issues 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

    By |October 17th, 2019|Legal Issues in Adoption|

    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.

    Placement of Children With Relatives

    By |October 17th, 2019|Foster Care, Legal Issues in Adoption|

    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

    By |October 17th, 2019|Legal Issues in Adoption|

    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 governor signs law allowing unmarried partners to adopt

    By |September 17th, 2019|Advocacy and Policy Issues, Foster Care, Legal Issues in Adoption|

    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.

    ASFA; Adoption and Safe Families Act Overview

    By |October 20th, 1999|Advocacy and Policy Issues, Foster Care Legal Issues and Supports, Legal Issues in Adoption|

    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

    By |October 20th, 1999|Advocacy and Policy Issues, Foster Care Legal Issues and Supports, Legal Issues in Adoption|

    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.

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