Everything You Need to Know About In Vitro Fertilization

In vitro fertilization (IVF) is one of the most common infertility treatments. If you’re considering IVF, it’s very important to understand how it works and what the legal implications are.

What Is In Vitro Fertilization?

IVF is a type of infertility treatment that involves creating a fertilized embryo in a lab environment. During IVF, doctors will collect eggs and sperm and then combine them to create an embryo. Once there’s a viable embryo, the doctors can then implant it in a person’s uterus to result in a successful pregnancy. The uses of IVF include:
Ovulation disorders where the body fails to release eggs on time.
Sperm disorders, such as low sperm count, that make it harder for sperm to reach an egg.
Fallopian tube blockages that prevent eggs from reaching the uterus.
Any situation where a donor egg, donor sperm or surrogate is being used.
Genetic disorders where some embryos might not be viable.
Uterine conditions that make it harder for eggs to implant.

Understanding the Process of In Vitro Fertilization

Once you develop a treatment plan with your doctor, IVF usually takes around two to three weeks. Your experience with in vitro fertilization may vary a little depending on why you are receiving the treatment.

Typically, the most complicated part of the IVF process is collecting the eggs. To get suitable eggs for IVF, the person providing the eggs goes through a regimen of hormone medications that encourage their ovaries to produce more eggs. After a couple of weeks, your medical team will collect the eggs by guiding a thin needle up through the vagina and into the ovarian follicles. The sperm collection part is usually more straightforward. It’s usually done through masturbation but can be done by inserting a needle into the testicles if necessary.

Once your medical team has eggs and sperm, it will combine them in a controlled lab environment. About two to six days after egg collection, your doctors will use a thin tube to insert the embryo through the vagina and into the uterus. If everything goes well, a positive pregnancy test will appear in 12 days.

Exploring the Pros and Cons of In Vitro Fertilization

IVF is one of the safest and most successful forms of assisted reproductive technology. It makes it straightforward to treat several fertility issues, and it also allows you to easily work with a surrogate or use a donor for your pregnancy. IVF is so effective that 55% of people who try it get pregnant on their first try.

However, keep in mind that in vitro fertilization is not entirely risk-free. The embryo doesn’t always implant, and the collection and implantation procedures can lead to soreness, cramping, bleeding and ovarian swelling. The other potential downsides of IVF are that IVF costs are quite high, and implanting multiple embryos at once can lead to an unwanted pregnancy of twins, triplets or more.

The Legal Implications of In Vitro Fertilization

Due to the way it works, IVF can result in many situations where you might need a New Jersey adoption lawyer. If you use donor sperm or a donor egg, you may need to fill out paperwork to ensure you and your partner are both listed as the infant’s legal parents. There can also be some additional legal agreements you need to work out if you are using IVF with a surrogate. You will need to define how you want to compensate the surrogate for her medical bills and discuss how involved you want to be in the pregnancy. If you skip these arrangements and rely on a verbal donor agreement, you can end up with unexpected parties having parental rights over your child.

Cofsky & Zeidman are happy to help people planning on using in vitro fertilization, and we also assist with a variety of other family planning and adoption matters as well. We help people throughout the Haddonfield and Woodbury regions find ways to expand their families. To learn more about our New Jersey adoption lawyer services, call 856-429-5005 or fill out and submit our contact form.

The Effect of the Dobbs Decision on Adoptions

Did the Supreme Court Decision Affect Adoptions in the U.S.?

Many proponents of tighter abortion control argued that an increase in unwanted pregnancies would lead to more adoptions. More than a year after the Supreme Court’s Dobbs decision on June 24, 2022, it remains unclear whether that is true and whether there have been negative impacts. New Jersey adoption lawyers note that there are many difficulties not only in assessing the data but also collecting it.

What the Case Was About

The Dobbs decision is a ruling by the U.S. Supreme Court that the U.S. Constitution does not confer a right to abortion. The decision overruled two notable other decisions: Roe v. Wade in 1973 and Planned Parenthood v. Casey in 1992. With this ruling, control over abortion returned to the states. Many states immediately enacted new laws restricting or prohibiting abortion, and some dormant laws once again became active.

New Jersey’s Response

Anticipating the decision to overturn Roe v. Wade, New Jersey Gov. Phil Murphy signed the Freedom of Reproductive Choice Act into law in January 2021. This law provides women in the state a legal right to abortion.

No Requirement for Domestic Adoption Data

One of the great challenges in assessing how the Dobbs decision affected adoptions in the U.S.—including something as seemingly simple as determining whether the adoption rate is rising or falling—is that there is no requirement for states to report infant abortion data publicly or even aggregate it. That means that we need to rely on adoption agencies and other sources that choose to share their data. Another component that makes this difficult is estimating the number of women who choose to parent their children rather than give them up for adoption.

Depends Upon Who You Ask

The reality is that we may be years out from being able to look back on the available data and have a clear picture. Even in the states that have recently enacted stringent abortion laws, there has been great variance according to the National Council for Adoption. In Texas, for instance, where the laws are among the strictest, some agencies have reported an increase in adoptions as high as 30% while others in the area have reported little to no change. The Gladney Center for Adoption in Texas, which is one of the agencies to report a 30% increase, also stated that inquires by women about putting children up for adoption have increased by 55%.

The COVID Effect

New Jersey adoption lawyers and other observers warn that we must consider these numbers within the context of the pandemic. In 2019 and 2020, domestic adoptions fell 24% nationwide, so some increase in rates is expected regardless of the Dobbs decision.

Other Effects of the Decision

Twelve states now ban abortions as early as six weeks. That has resulted in a very small window in which women can make the choice between abortion and adoption. According to ACF Adoptions in Florida, the typical call to learn about adoption happened in the second trimester, but the agency is now receiving many more calls from women four and five weeks pregnant.

Another concern is whether more babies with medical challenges will be put up for adoption. Adoption experts fear that if the number increases by 25% or more, then there will not be enough families for these babies. Many are also concerned that predatory baby brokers will become more problematic as there will be more vulnerable women available for them to exploit.

Legal Assistance for Both Birth and Adoptive Parents

If you need legal assistance because you want to adopt or are considering putting a child up for adoption, the law firm of Cofsky & Zeidman would like to help. Donald C. Cofsky is a New Jersey adoption lawyer who has personally handled more than 1,500 adoption proceedings. To set up a consultation, contact us online or call us in Haddonfield at (856) 429-5005, in Woodbury at (856) 845-2555, or in Philadelphia at (215) 563-2150.

How Adoption Stigmas Have Changed Since the ’70s

The National Council for Adoption conducted a study in 2022 that compared adoption stigmatization over the years. In the 1970s, 70% of birth mothers who placed their children for adoption felt stigmatized in some way. That number went up to 90% in the 2010s.

Adoptions Have Changed

In many cases in the 1970s, no one was aware that the adoption took place at all. There was a higher prevalence of closed adoptions, and in those arrangements, adoptees don’t have access to the original birth records. As a result, relationships or contact between the birth family and the family who adopts usually didn’t happen at all. Such things were kept firmly separate by way of an agency, and the process was anonymized and mediated. Fortunately, these days, many people consult a New Jersey adoption attorney throughout the process so that all parties involved are on the same page.

Who Stigmatizes Adoption?

The National Council of Adoption survey found that most of the people who took part cited their own family members as one of the main sources of stigmatization. This included parents and other immediate family but also included extended family as well. Stigmatization could also come from their circle of friends and even people who work in healthcare. Yet another source of stigma comes from religious leaders and other members of the clergy.

But the question persists: What causes the stigma to begin with, and what causes this type of behavior in those who are supposed to help people? By some people’s reasoning, now that it is less of a stigma to have a child out of wedlock, there’s all the more reason to keep the child and not give them up for adoption.

The Women of Then and Now

There are far fewer teenage pregnancies than in the past on average. According to the study, in the 2010s, women were an average of 29 years old when they decided to place their child up for adoption.

Of these women, 60% were in a marriage, and over two-thirds of them held either a master’s or bachelor’s degree. This helps researchers rule out their age or education as determining factors for their decision to go with adoption. These women face stigma because people feel that if they are the same age as many of their peers who have children and they have an education that allows them to obtain gainful employment they should be committed to raising a child when they become pregnant.

In the past, many women had put their children up for adoption because they were young and unwed when they became pregnant or because they had no education and consequently no means by which to support a child on their own. As a result, it was deemed more understandable when a woman in these circumstances put her child up for adoption.

The Spence-Chapin Research Study on Adoption

The NORC, the University of Chicago’s research organization, came out with the Spence-Chapin Research Study on Adoption in December 2022. This study took a closer look at the mothers who used Spence-Chapin Adoption Services.

The study found that there are double standards at play, many of which are harmful and untrue. Among these are the idea that a mother must be at the peak of her career, have all her finances all in order, and be completely stable and free of work stress to raise a child.

Race Plays a Role

There are racial factors at play as well. Fifteen percent of white women said they hadn’t experienced any stigmatization for their decision to go with adoption. That number is down to 7% for black women who were posed with the same question.

Black women said they had to deal with less perceived judgment from clergy members. Unfortunately, there was an increase in the amount of stigmatization from friends, parents, and extended family members.

Contact Cofsky & Zeidman today at (856) 429-5005. Donald Cofsky is a New Jersey adoption attorney who will work with you without judgment when you make the decision that is best for you.

How Adopted Children Can Influence Their Parents

What Influence Do Adopted Children Have on Their Parents?

The Early Growth and Development Study, or EGDS, is a prospective adoption study that was conducted over a long term, launched by a psychiatrist from Yale. The study’s goal was to find out what influence adopted children have on their parents. Some of the results were surprising.

Shifting the Focus

When it comes to child-parent relationships, most people think of how parents influence their children first. But according to the EGDS’s findings, it may be just as important to consider the reverse, particularly in adopted children. EDGS has been around since 1994 and is still ongoing.

New data has confirmed that genetics play a major role in these relationships, and they are anything but one-sided. Researchers’ findings bear some indication that an understanding of this relationship from both angles can be helpful in resolving family disputes and living harmoniously together.

Four Key Findings

The findings that EGDS investigators made over the course of these studies fall into four overall categories. The first is that the genetic makeup of a child may stir up specific types of responses from the parents. The second is that a child’s genetics play a part in what they need from their parents.

Thirdly, according to the EGDS’s findings, the genetic makeup of a child will have an influence on the way they interact with their parents. It is particularly the case with the pattern in relationships or behavior commonly referred to as “a downward spiral.” This works like a negative feedback loop where each person’s bad reaction fuels the other person’s, and the situation worsens exponentially with each interaction.

The data from this project showed how adoptive children’s genetics can make or break these unhealthy and highly compelling patterns. Depending on what their genetic makeup is, it may work to either speed up the cycle or effectively undo it.

The fourth and final finding from the compilation of research involved corroboration with some of the most critical responsibilities that parents have.

Some of the findings from these studies in the EGDS might seem like common sense. For instance, if the child is generally happy and pleasant, they’re much less likely to elicit negative reactions from their parents. However, the data dives deeper and provides more specific insights, such as the fact that these negative or positive reactions are likely to be more pronounced when they come from the father figure.

But if the child is genetically predisposed to anxiety or depression, for instance, these downward spirals of parent-child interactions are much more likely to occur. The studies also show that once families are caught up in these habits, the child’s genetics will likely exacerbate and accelerate this cycle.

The research indicates that there is valuable information to be learned by looking at the genetic predispositions of the child’s birth parents, especially if you’re an adoptive parent working with a New Jersey adoption attorney. According to these findings, whether or not the parents had strong social connections or if they tended towards less healthy mental habits and patterns of activities plays a key role in the family life that their biological children will have.

Process of Elimination

Studies like the EGDS benefit from the adoption component built into the design. Thanks to this fact, researchers were able to rule out common genes that are shared between parents and their children since that can’t be a cause of associations between the child and the rearing parents.

When rearing parents exhibit symptoms like depression and anxiety, it can have an effect on the anxiety, depression, and other behavioral issues in the child. This suggests that there is an environmental aspect of the behavioral phenomenon. However, since the symptoms of depression seen in birth parents were also related to the behavior issues that their child struggles with, it seems to researchers that this environmental component goes along with some degree of genetic influence.

Contact the law offices of Cofsy & Zeidman today for a New Jersey adoption attorney who will help with your case. We serve New Jersey and Pennsylvania. You can reach Donald Cofsky at (856) 429-5005.

The Adoption Tax Credit

Understanding the 2023 Adoption Tax Credit

In 2023, adoptive parents can qualify for a federal adoption tax credit, which acts as a refund depending on how much taxes they owe. Every year, around 135,000 children and adolescents are adopted. Before you complete the adoption proceedings, you should know if you qualify for this year’s adoption tax credit.

Federal Adoption Tax Credit

The adoption tax credit is designed to help families reduce some of the costs associated with completing any type of adoption. To obtain this year’s tax credit, the money must be claimed on next year’s tax return. A person’s financial situation determines how much money they’ll receive when claiming the credit. The highest available amount for every eligible child is $15,950. If the adoption was finalized in 2022, the credit is $14,890.

 

The limits placed on the tax credit are based entirely on the modified adjusted gross income you accrue during 2023. If your income is higher than $279,230, you can’t claim the full credit. However, a lower amount of this credit is available if you make anywhere from $239,230 to $279,230.

How This Credit Works

The tax credits you receive are mainly based on the qualified adoption expenses you’re tasked with spending. These expenses mainly include:

  • Agency fees
  • Legal fees
  • Travel
  • Adoption court fees
  • Meals during your travels

If you owe $8,000 in taxes and receive a tax credit of $10,000, you will have $2,000 left over for the future. In the event that the child has special needs or is adopted directly through the government, the total credit is provided without taking expenses into account.

Claiming the Credit

These tax credits are meant to be claimed during the year that the adoption is completed. The types of documents that people might require when filling out their tax forms include:

  • Adoption agency placement agreement
  • Child’s social security number
  • Court documents
  • Adoption decree

Since your child’s Social Security Number is necessary, it’s not possible to claim this credit before the adoption is finalized.

Is the Credit Always Available?

There are several additional considerations that might apply when you’re trying to claim the credit. If the adoption is eventually unsuccessful, the tax credit is still available. Expenses that build up when attempting to adopt a child can be reimbursed. However, this benefit doesn’t apply to international adoptions. In this scenario, the adoption must be successfully completed.

Adoptive families that wish to claim the adoption tax credit can fill out IRS Form 8839 to do so. When a married couple tries to claim this credit, they usually need to file a joint return. When filing separately, specific requirements need to be met before claiming the credit. Call our New Jersey adoption lawyer today if you have questions about these requirements.

What Happens When Expenses Are Higher Than Liabilities?

Tax credits can either be refundable or used as an actual credit on your taxes. When a credit is refundable, the amount of the credit that exceeds your tax liability will be provided to you as a refund once you’ve submitted your tax return. Since the federal adoption tax credit is considered a real credit, it can only be used to reduce the tax liability you have.

Let’s say you owe $10,000 for the year but are eligible for a tax credit of $13,000. The refund you receive will cover the $10,000. However, the remaining $3,000 doesn’t just disappear. When the adoption tax credit is higher than the tax liability, it can be moved forward for as long as five years. In this scenario, the remaining $3,000 could be put toward your next tax return.

What Employer Reimbursements Involve

Some employers have adoption benefit programs that employees can gain access to. These programs often reimburse some of the adoption expenses, which can then be excluded from the income you report on your tax credit. Any benefits you receive from this program are tax deductible. Employer contributions often range from $5,000-$25,000.

 

Even when someone receives this exclusion, they’re able to claim the tax credit for any remaining adoption expenses. However, the tax credit can’t be used for the same expenses that were excluded by your employer.

Whether you seek a private adoption or agency adoption, the process of adopting a child can be a lengthy one. With legal assistance, you can obtain counsel throughout the entire adoption process. Call our New Jersey adoption lawyer Donald Cofsky today at (856) 429-5005 to schedule your first appointment.

The Costs of LGBTQ Family Formation

How Much It Costs to Form an LGBTQI+ Family

Over the past decade, a considerable amount of progress has been made when it comes to LGBTQI+ civil rights, which has made it easier for LGBTQI+ people to start families. According to the 2023 LGBTQI+ Economic and Financial (LEAF) survey, around 36% of LGBTQI+ respondents are parents or primary guardians for one or more children. Regardless of how you choose to start a family, there are certain costs you’ll be tasked with paying.

Adoption Costs

If you’re looking to adopt a child into your LGBTQI+ family, the costs vary substantially depending on the adoption method you choose. Every type of adoption comes with different requirements and processes as well. For instance, you could decide to take part in an open or closed adoption.

In a closed adoption, the adoptive and biological parents don’t have much contact or details about one another. Open adoptions are less stringent in this regard. In most cases, the child’s birth parents and adoptive parents will exchange contact information and even maintain relationships over time. These adoptions usually cost anywhere from $8,000-$30,000. The other types of adoptions and their respective price ranges are:

  • Domestic or international adoptions – $25,000-$75,000
  • Independent adoptions – $15,000-$40,000
  • Private or public agency adoptions – $2,000-$50,000
  • Foster to adoption – $1,000-$5,000
  • Second-parent adoption – $2,000-$3,000

The factors that determine how much you pay during this process depend on the type of adoption you believe is best for your LGBTQI+ family. If you have questions about the adoption process, a New Jersey adoption attorney might be able to help.

Surrogacy Costs

If you aren’t interested in adoption, another solution that might interest you involves surrogacy. For instance, gestational surrogacy takes place when a donor’s fertilized egg is implanted through in vitro fertilization (IVF). It’s possible for the egg and sperm to come from a donor or biological parent. Surrogacy is expensive and can cost anywhere from $60,000 to $150,000.

There are many factors that determine what costs you pay. For instance, you could pay anywhere from $25,000 to $50,000 as surrogate compensation. If you’re able to find a close friend or family member who will be an egg donor or surrogate without requiring compensation, your costs can be reduced significantly. While surrogates often require compensation of around $50,000, these costs can be higher if the pregnancy involves cesarean delivery or leads to the birth of twins.

During this process, you might also need to pay for the surrogate’s lost wages and living expenses, which could be $25,000 or more. Healthcare costs add up quickly when paying monthly premiums, deductibles, copayments, and coinsurance. Out-of-pocket expenses can be high since many insurance providers don’t provide much coverage for fertility treatment. Additional expenses come in the form of background checks and health screenings, which can add a few thousand dollars to your total costs.

In Vitro Fertilization and Artificial Insemination Costs

There are two primary types of assisted reproductive technology, which include in vitro fertilization and artificial insemination. In vitro fertilization has a success rate of around 50% or higher. During this process, eggs are retrieved from a woman’s ovaries, after which they are fertilized in a lab and transferred to a uterus. An IVF cycle takes around three weeks. However, the entire IVF process requires three cycles, which can take up to nine weeks. The costs range from $45,000 to $70,000.

Artificial insemination costs anywhere from $200-$2,000 and involves delivering sperm to a woman’s uterus or cervix. The two types of artificial insemination include intrauterine insemination (IUI) and intracervical insemination (ICI). The ICI process costs less.

Costs of Protecting LGBTQI+ Family

When you’re forming an LGBTQI+ family, you may eventually pay out-of-pocket legal expenses to secure your parentage. Legal fees occur when contracts need to be drafted and reviewed. Keep in mind that legally establishing parentage for you and your partner requires a court judgment, which can cost anywhere from $4,000 to $7,000. While certain states are currently taking steps to make this process simpler and more streamlined, progress still needs to be made to reduce costs. If you’re in the midst of creating an LGBTQI+ family, legal expenses are difficult to avoid altogether.

Starting a family can be costly for LGBTQI+ parents. However, there are numerous options available when building a family, which provides you with a certain amount of control over what the final costs will be. Call our New Jersey adoption attorney today at (856) 429-5005 if you’re getting ready to start the adoption process or go through assisted reproduction.

Surrogacy vs. Adoption

Should Your Family Pick Surrogacy or Adoption?

An estimated 2 to 4% of people in the United States have adopted, but over one-third of the population have at least given the option a thought. Many have also considered surrogacy. Both arrangements come with advantages and obstacles, and one might be the right fit for your family.

Genetic Factors

Surrogacy and adoption involve distinctly different processes. It gives intended parents a significant advantage if they know the steps they’ll have to take and everything that goes into these processes before they jump into one or the other. These are some of the main differences to bear in mind between surrogacy and adoption.

 

With gestational surrogacy, an embryo transfer is used to impregnate the surrogate mother with the genetic materials of the donors or parents. This means that the surrogate mother has no relation to the child even though she carries the baby to term. Rather, the baby is related to the parents or donors.

 

When you adopt, on the other hand, the birth mother is still biologically related to the child, and the adoptive couple is not. This may come with deep emotional implications between the birth parents and your child later on in life. All of this is on top of the potential legal challenges that this process may present as well.

 

Consider the genetic parents, yourselves as the adoptive couple, and the child you adopt as well. Think of how you’re going to handle the situation going forward. As the child grows up, it helps to have a plan in place for all of the difficult conversations so that there are no unpleasant surprises along the way.

 

With surrogacy, it’s often helpful that you are biologically connected from a legal point of view. For one thing, it gives intended parents more say over how the surrogacy process goes.

 

It’s possible for either one or both of the intended parents to be genetically related to their surrogate child. If a biological relation to your child is something that is important to you and your partner, it’s important to discuss the matter openly and be honest about your feelings.

Money Matters

Surrogacy comes with no shortage of fees and expenses. This is to cover the process of transferring the embryo as well as to compensate the surrogate mother and pay the healthcare costs associated with pregnancy and delivery. For all these reasons, surrogacy is by far the more costly option when compared to adoption.

 

Program fees, agency fees, and myriad professional services are inevitable no matter which of these routes you take. It’s going to be an expensive process whether you choose surrogacy or adoption, but the former comes with the most additional expenses.

 

Most of the time, the intended parents pay their surrogate. This is meant to compensate them for the time and effort and everything that they sacrificed throughout their pregnancy and the rest of the process. Payments from the intended parents are for living expenses, which are to cover things like rent, other bills, and groceries.

 

Unfortunately, couples who want to try surrogacy might not have as many opportunities to seek financing because surrogacy lacks a federal tax credit. If you choose to adopt, on the other hand, the adoption federal tax credit is a resource you may have access to. This is something that a New Jersey adoption attorney may be able to help you with.

The Matching Process

The process of matching with your child or surrogate mother is a major part of either process. As such, it can be the source of a significant amount of stress and anxiety.

 

In most adoptions, the intended parents decide on the kind of adoption situation they’re comfortable with. They can choose some things about what they’re looking for in a child, such as race or whether the child has been exposed to any substances. Adoptive parents should also decide if they want an arrangement with contact between the birth parents and child after they’ve been placed with the adoptive parents.

 

With adoption, the birth mother gets the final say as to where the child ends up. For more of a shared, reciprocal matching process, surrogacy might be what you’re looking for. Couples get to look through potential surrogates, and then the surrogates they choose have the opportunity to express mutual interest.

 

Call Cofsy & Zeidman for a New Jersey adoption attorney who can help you decide which of these arrangements is best for you. Contact our offices in New Jersey and Pennsylvania at (856) 429-5005.

Putting Your Child Up for Adoption

What You Should Know About Placing Your Child for Adoption

With over a million American couples waiting to adopt a child at any given time, adoption can be a great way to provide a stable and supportive home for your child. However, the decision to put your child up for adoption is not an easy one, and it’s vital to explore all of the implications before making a final decision.

What Is Adoption?

Adoption is a legal process by which a person becomes the parent of a child who is not their biological offspring. Once the adoption is finalized, the adoptive parent assumes all of the legal rights and responsibilities to the child, just as if they were the biological parent.

There are a few different types of adoption to consider. For parents considering placing their child for adoption, two of the most relevant options are open and closed adoptions. Open adoptions allow for contact between the birth parent and adoptive family after the adoption is finalized. Closed adoptions, on the other hand, involve no contact between the two parties once the adoption is finalized.

Overview of the Process

The process of putting a child up for adoption can vary depending on the type of route you choose. Generally, however, you’ll want to begin by contacting a New Jersey adoption lawyer to discuss your legal options and the implications of adoption.

It may also be wise to contact a reputable adoption agency during this time. An adoption agency is an organization that works to match birth parents with adoptive families and facilitate the adoption process. Most agencies will allow you to meet prospective adoptive families and decide which one you feel is the best fit for your child.

If you already have an interested adoptive family in mind, you may be able to pursue a private adoption rather than working with an agency. This option can reduce the cost and length of time it takes to finalize the adoption, but it is important to work with an attorney to ensure that the process is done legally and safely.

Potential Challenges

Although adoption can bring many benefits to children and families, it’s not without its challenges. Placing your child for adoption can be difficult emotionally, and you may need to seek professional counseling or support from friends and family during this time. Even if you are comfortable with your decision, you may be surprised by the range of emotions you experience throughout the process.

Adoption can also present emotional difficulties for the child. Children may express feelings of loss, confusion, or abandonment over their adoption. This type of response is most typically associated with older children who remember their birth parents, but babies and toddlers are not immune to these feelings either.

You’re making this decision for the benefit of your child, but they’re likely too young to understand this, and it’s important to prepare them for the potential emotional struggles they may face. If you’re concerned about the potential negative effects of the adoption on the child, you may want to advocate for an open adoption that allows them to maintain contact with you, which can soften the impact of this transition.

Alternatives to Adoption

Keep in mind that adoption isn’t necessarily your only option. If you’re considering adoption, take some time to explore other routes as well.

For example, if you’re struggling to provide proper care for your child due to potentially temporary circumstances such as addiction, illness, or financial hardship, you may want to consider a temporary legal guardianship arrangement until you’re able to restore stability. You can also take a look at local resources such as Medicaid, food assistance, job training programs, and other forms of government aid that may make it easier for you to provide a healthy home environment.

Ultimately, the decision to place your child for adoption is entirely in your hands, and it can be the right choice for some families. With prior knowledge of what’s involved and the potential challenges, you can make an informed decision that best serves the needs of your child. Get started today by contacting a New Jersey adoption lawyer at (856) 429-5005. With offices in Haddonfield, Woodbury, and Philadelphia, the Cofsky & Zeidman team is here to support you every step of the way.

SCOTUS Rules on Non-Native Adoptions

Understanding the Recent SCOTUS Ruling on Native American Adoptions

Native American children are four times more likely to end up in foster care, so many adoptive families end up including Native American people. However, there are a lot of controversies around how these cases are handled. A recent ruling by the Supreme Court of the United States has helped to clarify how certain adoption laws work.

Supreme Court Upholds Adoption Law Giving Native Americans Preference

In June 2023, the Supreme Court finally resolved an issue that has been hotly debated for several years. The case started in 2016 when a Texas family attempted to adopt a child they were fostering, but the child was eventually adopted by a Native American couple instead. This happened because of a 1978 law, the Indian Child Welfare Act (ICWA), that says Native American children will go to Native American adoptive families whenever possible. The ICWA was meant to address the historic issue of Native American children being taken from their families and prevented from learning Native American culture.

 

Because of the controversial situation, a lawsuit was filed by the state of Texas and three non-Native American families against the United States Department of the Interior. The plaintiffs said that the ICWA discriminates against non-Native Americans and that the federal government overstepped its bounds by creating a law that governs how adoptions work.

 

The Supreme Court voted 7-2 to uphold the ICWA. The justices based their ruling on several grounds including the plaintiffs’ lack of legal standing and the merits of the ICWA. They emphasized that tribal courts still have jurisdiction over Native children, and the federal government cannot disrupt this jurisdiction to make state adoption agencies place Native American children in non-Native homes.

Adoption Experts Weigh in on the Pros and Cons of the Ruling

The Supreme Court adoption ruling has been met with both praise and complaints. Native American advocacy groups have expressed joy that the ICWA and tribal rights were upheld. In a statement on the subject, the National Congress of American Indians said, “One thing is certain: ICWA (Indian Child Welfare Act) is crucial for the safety and well-being of Native children and families and the future of Native peoples and Tribal Nations.” They believe that this ruling will safeguard Native American children’s ability to grow up in their culture and remain connected to their tribes.

 

However, others are concerned that the ruling did not address the racial discrimination claims of the case. They feel that this ruling disregards other aspects of child welfare and focuses solely on the race of adoptive parents. In the dissenting opinions, Supreme Court justices mentioned that the racial discrimination claims could potentially be brought up again in future lawsuits about adopting a Native child.

Will This Ruling Affect Current Adoptions?

This court battle has been high-profile and very controversial, but it will only affect a few adoptions. The ICWA has never outright prohibited non-Native families from adopting Native children. Often, local tribal courts will approve cross-cultural adoptions, especially in cases where a New Jersey adoption attorney can show that the adoption will allow siblings to remain together. The number of non-Native foster parents and adoptive parents is much higher than Native ones, so cross-cultural adoptions remain common.

 

Furthermore, this ruling does not do much to affect Native American parents’ chances of adopting a child. Since the Supreme Court upheld current laws, nothing will change for Native Americans hoping to adopt. They will still be given preferences in cases where the state is looking for an adoptive family for a Native child. The only time that this ruling may cause issues for parents is if adoptive parents are non-Native and were hoping to adopt a child while there was also a Native couple interested in adopting that same child.

 

If you have any questions on this ruling or other adoption laws, Cofsky & Zeidman can help. Our New Jersey adoption attorney assists people throughout the regios. We help clients finalize adoptions, negotiate surrogacy arrangements, and more. To schedule your free consultation, call 856-429-5005 or email us today.

The Benefits of Adopting Your Stepchild

Why You Should Consider Adopting Your Stepchild

Many couples are pleased to learn that adopting their spouse’s child from a previous relationship is possible. Families that opt for stepparent adoption will join approximately 750,000 other families in which a spouse has adopted a stepchild in the U.S. One thing that is important to know is this process is not necessarily easy. Being a stepparent involves co-parenting your spouse’s children and is an incredible responsibility.

What Are the Benefits of Adopting a Spouse’s Child?

One of the most important things to remember is that stepchild adoption provides extra legal protections. Stepparents who adopt stepchildren have recourse to many of the benefits of biological parents:

  • A stepparent can raise the stepchild as if they were their own after the death or incapacitation of the other parent.
  • Stepparents can provide the same financial support available to a biological child.
  • Adopting a stepchild can put the adoptee on equal footing with other children for inheritance purposes.
  • Adopting a stepchild is one of the strongest ways of showing acceptance of the relationship with the child.
  • Taking this step is often one of the best ways to strengthen relationships within a blended family.

Are There Special Considerations When Adopting a Stepchild?

A New Jersey adoption attorney can advise you about the requirements for adopting a stepchild. There are some precise requirements under state law.

First of all, the stepparent and biological parent must be in a legal marriage. A stepparent must be at least 18 years old and at least 10 years older than the child.

Children over 10 years old must give consent to the adoption. In addition, the child must attend the hearing in these circumstances.

Must the Other Parent’s Rights be Terminated?

The process of how to adopt a stepchild in New Jersey does involve the non-custodial parent’s rights having been terminated. Although the other parent may terminate their right voluntarily, this process may also be involuntary.

Non-custodial parents who opt to give up their rights must sign appropriate documentation. Sometimes, circumstances don’t allow biological parents to voluntarily surrender their rights.

If the biological parent cannot be found and if there is a court order affirming this status, their rights might be terminated. Parents convicted of abandoning, abusing, or neglecting a child may lose their parental rights. Child cruelty convictions may also result in parents losing their rights.

Courts will require testimony attesting to why a child would benefit from the parent losing their rights. Failure to comply with the Division of Child Protection and Permanency’s guidelines may result in parental rights termination.

What Is the Process for Adopting a New Jersey Stepchild?

A stepparent must pass a background check before adopting their stepchild. After the stepparent completes this step, the New Jersey adoption attorney can help them prepare for the hearing.

The hearing allows the judge to determine whether to grant the petition to adopt the stepchild. If granted, the stepparent will have the same full legal rights as a biological parent.

What If the Couple Later Divorces?

An adoptive stepparent has the same responsibilities and duties as the biological parent. If a couple divorces, the courts will treat the situation the same as if both parents are biological parents.

A stepparent may sue for custody or visitation rights in a divorce if they have adopted a stepchild. Paying child support might also be necessary if the couple divorces.

Can Stepchild Adoption Be Handled Out of Court?

All adoptions occur within the court system for the children’s protection. This process is sometimes complicated, even when the other parent opts to terminate their rights.

The adoption process isn’t usually fast and may have complications along the way. However, a prospective adoptive stepparent who understands the process and can effectively advocate for adopting their stepchild may enjoy better chances of success.

If you are interested in adopting your stepchild in New Jersey, contact our Haddonfield law firm at (856) 429-5005.

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