If you are thinking about adoption and need quality legal representation, please contact our office. We would be pleased to work with you to assist with your family-building goals.
Some of the areas we can help may involve:
In New York, single individuals and both opposite-sex and same-sex couples may legally adopt children. Adopting parents must follow particular legal steps in order to be awarded a court issued adoption decree. The circumstances of each adoption vary. Depending on the unique factors in each adoption, the legal steps may be relatively simple or they may be more lengthy and complex.
Stepparent adoptions provide an adoptive stepparent with the same rights and responsibilities as a birth parent.
The general process for a stepparent or second parent adoption includes the following steps:
Kinship adoption (sometimes referred to as “relative adoption”) is the adoption of a child by the child’s relative.
Many situations may encourage a kinship adoption. These may include the death of a parent, removal of a child by social services, incarceration or incapacitation of a child’s parents, and abandonment of a child.
Generally, four qualifications must be met to be successful in a kinship adoption:
1. The relative must be a grandparent, brother, sister, half sibling, aunt, uncle or first cousin and
2. The relative must have had physical custody of the child for a period of one year or more and
3. The child is not the subject of a pending dependency and neglect proceeding.
4. The birth parent(s) must have abandoned the child for a period of one year or have failed to provide support for a period of one year or more.
Adoptive parents may be eligible for a tax credit for qualified adoption expenses and/or an exclusion from income for employer-provided adoption assistance.
Qualified adoption expenses may include reasonable and necessary attorney fees, adoption fees, court costs, travel expenses, and other expenses that are directly related to and for the principal purpose of the legal adoption of an eligible child. In 2016, the maximum credit allowed by the IRS is $13,400. The credit is subject to income limitations.
For additional information, visit the IRS website.
It takes a brave parent to make an adoption plan and to place their baby up for adoption. It takes caring adoptive parents to adopt babies and make a legal, secure adoption plan for their family.
Parents may seek adoption dissolution for various reasons: lack of attachment, financial strain, inability to handle a child’s destructive behavior or special needs, harmful or negative reactions of other children in the home, or other circumstances.
As you may imagine, there is a legal process for the relinquishment of parental rights in an adoption dissolution.