Economy May Be Impacting Adoptions

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By Kelli Wynn, Staff Writer for Dayton Daily News

U. S. Army Maj. Jason Schranks and his wife Susan looked through numerous DVDs to find their three new children.

“It was absolutely the hardest part in this whole process. How do you say, no?” Susan Schrank said of the experience she and her husband had looking at the numerous children eligible for adoption.

In the midst of their search, the Fairborn couple talked with their Ethiopian niece. When the niece, who now lives in Illinois, found out that her aunt and uncle wanted to adopt, she suggested they consider one of the orphanage friends she met before she was adopted.

The Schranks took her advice. Last December, they decided to adopt Yordanos, 13, and her 10-year-old sister Fortuna. They also decided to adopt a son, 7-year-old Girma. All three spent at least four years at an orphanage.

The sisters were placed in one orphanage after their uncle could no longer care for them. Girma’s older brother was taking care of him after their parents died, but his day laborer job made that impossible.

The new additions will bring the Schranks’ household to seven. They have two sons, 15-year-old Phillip and 9-year-old Andrew.

The Schranks decided on international adoption after moving to Ohio from Trinidad and Tobago in 2008. Jason Schrank was stationed to work there and the couple had also done some humanitarian work there, Susan Schrank said.

Local adoptions are declining

 

Despite couples like the Schranks and Jeff and Kate Wagner, fewer people are adopting locally, according to local court and children services officials.

Finalized adoption cases within the Montgomery and Warren County Probate courts have declined within the last two years while Greene County Probate Court has seen an increase.

In 2007, the Montgomery County Probate Court finalized 243 adoptions compared to the 175 cases finalized last year and 164 so far this year. Warren County Probate Court finalized 84 cases in 2007 compared to 77 in 2008. Greene County Probate Court had 109 adoption cases in 2007 and 155 in 2008.

Marsha Linkhart, the Greene County court’s chief deputy clerk, could not explain the increase for Greene County, but it might be a temporary blip. The court has finalized just 95 adoptions this year, Linkhart said.

The 2009 adoption total for Montgomery County includes 10 cases that were finalized in Probate Court Judge Alice McCollum’s courtroom on Nov. 13 during National Adoption Day. McCollum blamed the economy for the declining numbers over the last couple of years. Ann Stevens, spokeswoman for the Montgomery County Children Services, agreed.

“It’s been really tough since the recession,” Stevens said. “Everybody’s family’s budget has been affected by the recession, so we’re not seeing as much interest as we would like … People don’t have disposable income.”

State subsidy cut

 

Adoptions have also been hurt because the state has reduced the adoption subsidy, McCollum said.

Brian Harter, public information officer for the state’s Department of Job and Family Services, said the monthly adoption subsidy has decreased from $300 per child to $240.

The state also changed the reimbursement of non-recurring adoption from $2,000 to $1,000 for a child with special needs, Harter said.

The Schranks received some financial help from the U.S. military and grants from adoption agencies. Their three international adoptions were done through Adoption Advocates International, based in Washington State.

“There is a tax benefit to this. Most of our adoption expenses will be covered via tax rebate,” Susan Schrank said.

Jeff Wagner, 49, and his wife Kate, 42, said costs associated with adoption and parenting in general were never factors when they decided to adopt their boys.

“I don’t think that either one of us thought we have to make sure that we can give these kids everything in the world before we decide that we wanted to adopt them,” Kate Wagner said. “We just wanted to make sure that they have the basics and that we could provide for them on that level.”

The Wagners decided to become foster parents after they found out they could not have children.

“We always wanted kids,” Jeff said.

Contact this reporter at (937) 225-2414 or kwynn@DaytonDailyNews.com.

For more information on adoption…

Estate Planning in the Digital Era

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When doing your estate planning, consider who will have access to your computer and your online passwords.

Most internet companies have strict privacy policies. Therefore, when one becomes disabled or passes away, it can create a problem regarding access to online accounts and/or to whom the account belongs to. The issue that arises is whether or not digital assets can be passed on to heirs.

You can also consider giving your heirs or someone you trust access to information that may be stored online, such as photographs, videos, music, letters, etc. These items may not be of any significant monetary value but may be priceless to loved ones.

As our computer literate population ages, post-mortem lawsuits are likely to become common and anyone who owns a computer could end up forcing their family to unnecessarily deal with these issues.

As more businesses move away from paper, it might become more difficult to locate and access online information if someone dies without telling their heirs or others of their existence or location or how to access this information. Privacy laws might further complicate internet access when companies may refuse to release user name and password information.

Therefore it is critical that good estate planning take into consideration the protection of digital assets and access to the same.

For more information on estate planning or contact us.

Adoption Insurance

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Adoption disruption insurance (ADI) is often referred to as adoption insurance. Again the insurance is to help families within the U.S. adopting domestically to recover certain qualifying expenses if an adoption is disrupted or falls through.

Adoption insurance may cover out of pocket costs such as delivery expenses, birth mother’s legal expenses, homestudy costs and/or travel expenses.

Many situations can cause an adoption to fall through, including a miscarriage, complicated legal issues, or simply the birth mother changes her mind and cancels her adoption plan.

It is important to review the adoption insurance policy regarding the coverage limits, conditions, limitations, warranties, and especially exclusions.

Most adoption insurance is only offered for adoptions that are handled by an approved adoption attorney or agency and for only the adoption of a child under the age of 2 years and within the United States.

If the adoptive parents decide not to go through with the adoption, the expenses are usually not covered. The coverage only applies if the birth parent changes her mind.

If the prospective adoptive parents live in a State that qualifies for adoption insurance, but adopt a child from another State, typically the policy will provide coverage as long as the policy was purchased by a resident of the State in which it was offered. Again, typically international adoptions are excluded.

For more information on adoption or contact us.

How to Avoid an Adoption Scam

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There are several things prospective adoptive parents can do to avoid getting scammed by an adoption agency, adoption attorney or a birth mother.

First and foremost, check out your resources very carefully and ask for references. Ask lots of questions. A good agency or attorney welcome tough questions. One of the best ways to minimize the risk of a scam is to have a good attorney involved who can protect your rights.

Try to have a face-to-face meeting with your birth mother. As they say, a picture is worth a thousand words, but a meeting in person with a birth mother is priceless. You will learn a great deal just from meeting in person with your prospective birth mother.

One of the other things you can do is order a copy of the prenatal records. However, make sure you are ordering the prenatal records directly from the Obstetrician and not simply allowing the birth mother to order the prenatal records.

Finally, prospective adoptive parents can also ask the birth mother for a drug screen, a criminal background and employment check on the birth mother, along with checking her out on the internet, i.e. Facebook, MySpace and Twitter, to see exactly what type of person with whom you are dealing.

In the end, you have to go with your gut feelings. Your gut feelings are rarely wrong.

For more information on adoption or contact us.

Family Feuds Fuel Probate’s Heavy Load

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Jacksonville Business Journal – by Kimberly Morrison, kmorrison@bizjournals.com | 265-2218

The likelihood that you or your family members will end up in court squabbling over your deceased mother’s jewelry or dad’s lake house is on the rise, legal officials say.

Courtroom showdowns over wills and estates, formally referred to as probate litigation, are increasingly replacing once-private family affairs. There are also signs that misconduct involving family fortunes frequently go undetected, and may be more widespread than case counts would indicate.

Most jurisdictions in recent years have created dedicated courts to handle the volume increase, including Duval County. Peter Dearing, in 2006, became Duval County’s dedicated probate judge, and said the case load already warrants a second.

“When we set up this division, we had 6,000 pending cases at any given moment, which I’m sure is far more than any other circuit court division,” Dearing said. “We’ve been at full capacity since the day we opened.”

Dearing said his court receives more than 3,000 new cases every year, and there has been enough demand for attorneys who handle wills, trusts and estates that he’s seeing more general attorneys turn up in his court rather than those specialized in probate law.

How families arrive at probate court runs the gamut from disagreements among heirs about the deceased person’s intent to children helping themselves to a parent’s bank account. Fraud, undue influence by family members and trusted others and abuse of powers of attorney and guardianship are all reasons to challenge a will, and can sometimes have little to do with the dollar value of the assets involved.

But having large estates can certainly increase the likelihood for problems to arise.

The larger net worth of an aging baby boomer population and diminished cognitive abilities make them prime targets for financial abuse, which is estimated to rob the elderly of $2.6 billion each year, according to a study Metlife Mature Market Institute published earlier this year.

The case of New York philanthropist and socialite Brooke Astor and her $200 million fortune was a prime example of what experts think is becoming increasingly pervasive. A jury last month convicted Astor’s son, Anthony Marshall, of defrauding and conspiring to change his mother’s will after she was diagnosed with Alzheimer’s disease. Co-defendant and estate lawyer Francis Morrisey Jr. was also convicted on several counts, including forgery and scheming to defraud Astor.

“As more people are living long enough to suffer dementia, there will be more and more contest about whether a will is executed at a time when a person was in capacity to do so,” said John Callender, a Jacksonville attorney specializing in estate and trust litigation.

But in the absence of greed are other factors driving the phenomenon: Americans are no longer courtroom shy, family units have become more complex and dysfunctional and attitudes towards inheritance have shifted from gratitude to entitlement.

“I think we’re just a more litigious society than we were 50 years ago,” said John Lawlor, an attorney at Fisher, Tousey, Leas & Ball PC who specializes in estate planning, probate and elder law. “If you feel like you are getting shortchanged, it’s perfectly acceptable to pursue litigation and remedy what you see as an inequality or injustice.

“It used to be considered bad manners to sue somebody, but its not bad manners anymore. There’s a coarseness to our society, so you do see more litigation in the areas of estate and trust.”

Court battles over family fortunes can get contentious because the cases are both emotionally charged and particularly tough to prosecute.

The victim in cases of fraud is rarely alive, and if he or she is alive, can be too physically or mentally impaired to make a persuasive witness. Recognizing misconduct then tends to fall on heirs or surviving family members who may not be astute or discerning enough to uncover it.

Once the cases make it to court, they are often complex and challenging to try.

Dearing said the recession has added another layer of complexity to probate cases because they often require the sale of property, and the housing market collapse has delayed those sales and ultimately, the closure of many cases.

While there is no such thing as a bulletproof will and Florida does not recognize “no contest” clauses in wills, there are ways to reduce the chance for problems to arise.

Staying alive for a long time after creating a will can cut down a successful challenge to a person’s mental capacity at the time it was executed, so lawyers advise creating a will early in life and revising it when financial or familial status has changed. And, of course, it is important to get a good attorney.

“The wills that are most difficult to overturn are those prepared by a reputable attorney,” Callender said.

For other family members, heirs or caretakers, recognizing situations that could result in misconduct is also important. Elderly women are most often the victims of financial abuse, and in all cases, an adult child is the most likely to be the perpetrator.

Adoption: Birth Father Issues/Rights

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DO I HAVE TO CONTACT THE BIRTH FATHER? A birth mother is not required to identify the father or inform him of her pregnancy. Even if the father later finds out about the child, he only has a limited amount of time before the adoption takes place to challenge the finalization of the proceedings. As experienced adoption attorneys, we will guide you through the process and to make sure you understand the process and your options.

CUSTODY ISSUES AND FATHER’S RIGHTS: While birth mothers are not required to identify or notify the father of their child, a father can demand consideration by the court in cases where paternity can be established.

Just because a father demands custody of his unborn child does not mean that he will be awarded custody by the court. We will work with you and the prospective adoptive parents in making sure you have effective legal representation should a father attempt to assert custodial rights to your child.

PROTECTING YOUR RIGHTS: If you would like to pursue adoption for your child without creating legal complications with the father, please call us today to schedule a free consultation. We will explain what the law says, how you can protect your rights, and what can be done to avoid lengthy, complicated legal battles.

Adoption is a Loving and Caring Choice

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It’s natural for a birth mother to have second thoughts. Making an adoption plan for a child instead of having an abortion gives a child a chance in life, to become the world’s next great athlete, scientist, artist, business leader, or even President of the United States, like President Gerald Ford. When birth mothers aren’t emotionally or financially ready to raise a child, placing them in a loving, caring home with every opportunity available the ultimate gift of life and love and the most unselfish decision a woman could ever make.

If you have questions or concerns, you can speak directly with Tommy Taneff or schedule a free consultation to discuss how we can help you. We’re here to help you.

Adoption for Birth Parents: What Will My Child Think of Me One Day?

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It’s normal for birth mothers to wonder if some day their child will understand the adoption plan. In 20 years as adoption attorney, my experience is that as children begin to mature, they recognize the advantage they wouldn’t have had they not been adopted. Far from resenting their birth mothers, most adoptees express a strong sense of affection and respect for the courage and sacrifice by their mothers in giving them a better future in a loving, secure and stable family.

If you have concerns about how your child will react to being adopted, we provide free, confidential consultations and can introduce you to our counselors and past birth mothers and adoptive parents if you like. Our network of counselors can help birth mothers work through doubts about themselves, concerns for their child, and other common issues in an understanding, compassionate setting.

What is “Open Adoption”?

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Openness refers to the amount of contact and information which birth mothers and adoptive parents are comfortable sharing. A completely open adoption might include the exchange of photographs, letters, phone calls, even occasional visits. A completely confidential/closed adoption is where neither the birth nor the adoptive parents know any identifying information about each other.

Most birth mothers first like to read about prospective adoptive parents, talk with them by telephone and then meet the prospective adoptive parents in person. Some birth mothers want the prospective adoptive parents to visit with them a few times during the pregnancy and even attend some prenatal appointments.

After the baby is born, most birth mothers want to receive photographs and letters on how the baby is doing.

We can tailor an arrangement that suits your needs. All adoptive parents are happy to provide letters and photographs letting you know how the child is doing. For birth mothers who prefer not to receive updates, we can hold any pictures or letters in our file, in case you later change your mind about receiving them.

Psychological Consequences of Abortion

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Some experts claim little, if any, effect is experienced, others disagree. See, the following website: www.afterabortion.info/psychol.html. Regardless of whether women experience psychological problems or not, many do. These can include depression, feelings of suicide, eating disorders, sexual dysfunction, and many other problems. Abortion can change a woman’s life forever. Abortion will not change the fact that you were pregnant. It is incredibly unselfish in allowing a family unable to have a child the chance to experience parenthood.

ADOPTION: IS A BLESSING IN DISGUISE: It is the most loving, caring and unselfish thing anyone could ever do. You have the opportunity to go on to college and complete your education, even becoming a mother again when the time was right.

Adoption: How Are Adoptive Parents Pre-approved?

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We work closely with Court Investigators, Social Workers, and other Professionals in carefully screening prospective parents. We do thorough interviews with prospective adoptive parents to make sure they understand the love, care, and patience children need. We conduct periodic follow-ups to make sure everything is going well and provide birth mothers with updates.

We require prospective adoptive parents to undergo the following:

 

  • Criminal background check
  • Child abuse clearance
  • Financial disclosure assessments
  • Fire Inspection
  • Safety Audit
  • Medical examinations
  • Counseling
  • Home study conducted by a Court Investigator
  • Post-placement supervisory visits

 

Adoption: Choosing Your Parents

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If there are specific qualities or attributes you are looking for in prospective adoptive parents – for instance, someone of the same faith or background as you, a stay-at-home mom, other children (or not), and etc. – we will do everything in our power to find the perfect match. No arrangements will be made unless you are completely satisfied.

Adoption: How are Couples Chosen?

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We provide birth mothers with profiles of prospective adoptive parents who have been carefully screened and investigated. If a birth mother has any specific requirements of qualities she is looking for in prospective adoptive parents, we will do everything possible to find your perfect parents. In addition to providing a Profile/Lifebook with written information and photos about prospective adoptive parents, we can also arrange for the birth parent to talk by telephone or meet in person the prospective adoptive parents, to satisfy herself that she has the right family for her baby.

Advantages of Adoption – For the Birth Mother, Child and Adoptive Parents

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  • A child gets a loving, caring home and a chance for a bright future
  • An unborn child gets a chance to live
  • Birth mothers incur no costs or expenses
  • Allows childless couple to raise the child they always wanted
  • The child gets a quality of life that birth mother may not be able to provide
  • Gives birth mothers a chance to realize their own potential by going/finishing school, having a chance to be young and free of parental responsibilities

I believe in working one-on-one with prospective birth mothers. Not only before the adoption but years later.

Adoption: Helping a Pregnant Friend – Healthcare and Social Workers

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     Prospective birth parents can feel scared, confused and angry when they learn they are pregnant. If you have a friend who is struggling with her pregnancy, or if you are a social worker, healthcare provider, or counselor and know of a pregnant woman who is confused and looking for answers, referring her to our office is an easy way for her to get information and assistance, all free of charge. We will meet one-on-one with prospective birth parents to go over all options.

     For 20 years, I have helped prospective birth mothers find loving, caring parents for their children. Before considering an option like abortion, you can help your friend see how adoption might be a better solution, while allowing her to rest assured that her precious baby receives a loving home and bright future.

Adoption Myths

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Myth 1: Adoptive Parents are Abusive: Adoptive parents are far less likely to mistreat their children than biological parents. Adoptive parents have to have criminal background checks and child abuse clearance, financial disclosures, medical examinations and court required home studies. Children who are adopted are assured of safe, secure, loving and caring homes.

 

Myth 2: Adopted Children Hate Their Birth Parents: In my 20 years of experience, this is the fear most often heard from birth parents. As an adoption attorney, I know this is completely untrue. Adopted children realize as they mature the sacrifice their mothers made. Many realize their mothers could have aborted or kept them in an unhealthy living environment. Once they realize the opportunities they’ve enjoyed and the security and love given to them by their adoptive parents, they respect and love their birth mothers for their courageous and unselfish act.

 

Myth 3: Adopted Children are not Well Adjusted: This is false. Most adopted children have questions about their heritage and where they come from, but this doesn’t prevent them from living happy, successful and fulfilling lives. This is why we encourage birth parents to put together a diary and or scrapbook to pass on to their child. As time goes by, myth, mystery and misinformation develop.

Can I Adopt an Adult?

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 Adoption is commonly portrayed as an adult adopting a child.  But, in many states adults are permitted to adopt other adults.  Ohio law permits adults to be adopted under the following conditions:

· If the adult is totally and permanently disabled;
· If the adult is determined to be a mentally retarded person;
· If the adult had established a child-foster caregiver or child-stepparent relationship with the petitioners as a minor, and the adult consents to the adoption;
· If the adult was, at the time of the adult’s eighteenth birthday, in the permanent custody of a pubic children services agency or a private child placing agency, and the adult consents to the adoption.

 The policies behind these conditions favor care of adults who are unable to care for themselves and permanency for children who have experienced divorce and separation or who have grown up in the child welfare system of our state.  A child may be prevented by a biological parent from being adopted by a stepparent who they consider to be their mother or father.  Upon adulthood, however, this child can make the decision to legally recognize their stepparent as their parent.  There are also many children who are never placed in an adoptive home before reaching the age of 18.  The law provides for these children who are not legally available for adoption as a child to be adopted upon adulthood by their foster parent. 

 For all intents and purposes the law does not create new relationships between the two adults but rather appreciates the existing bond of parent and child.  The law permits adult adoption to recognize these important relationships and provide permanent families for these individuals.  These adoptions are just as exciting and comforting to families as child adoptions, particularly where the adoptee has not had the opportunity to experience the joy of a permanent family during their childhood.

 Adoption is not a means to an end.  The focus of adult adoption should never be financial gain but the promotion of security, acceptance and love for adult children.  Adult adoption in Ohio supports these tenements amongst families who care for adults that cannot care for themselves and families that continue to love and care for children who were not born to them.  This unique balance supports individuals through a lifetime and protects and promotes families in the State of Ohio.

Thomas Taneff | 600 South High Street, Suite 201 | Columbus, Ohio 43215 | Phone: (614) 241-2181 | Fax: (614) 241-2160