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http://abcnews.go.com/US/adoption-facebook-gains-favor/story?id=15654509

Couples are actively using Facebook to adopt, and we are routinely seeing this to expedite adoption in Columbus and throughout Ohio.

Many prospective adoptive parents were reluctant to get personally involved in the search for a birth parent who was willing to place her baby for adoption, preferring instead to delegate this important task to an agency or lawyer.  Some believe that if an adoption is meant to be, it will just happen.  Do you believe in magic?  Times have changed.  More couples are refusing to wait on an agency or lawyer to locate a child.  There is no rule that says you must wait to locate a birth mother willing to place her child for adoption.  Prospective adoptive parents have options. 

Today the high demand for infants for adoption and birth mothers greater involvement in the match-making process means that passive adopters are likely to wait for years.  Prospective parents are overcoming shyness and willing to publicize their search for a child to the outside world.  More couples are taking the lead in the search for a birth mother willing to place her baby for adoption.  They are using direct networking through Facebook and YouTube.  By playing an active role in locating a child for adoption, couples can receive more information since they are directly involved.

A very fast and effective way to locate a birth mother for adoption is to use direct networking through media such as Facebook and YouTube.

For more information about Adoptions or Contact us.

The second thing to consider is who will be your executor? Always chose someone with good common sense and someone that you trust. It is also critical to chose an alternate or backup executor in the event that the original person you have nominated declines, resigns, or is simply unavailable to serve as executor.

Another vital and important consideration is who will be guardian over minor children. Failure to consider this issue could result in the Court’s determining custody. It is also important that an alternate guardian be nominated in case your first choice declines, resigns or is simply unavailable to serve as guardian.

Store your will in a safe place where it cannot be damaged, destroyed, stolen or lost. The following are places where you may store an original Will: asking your bank trust department, safe deposit box, some probate courts will store this, and of course, you may ask your attorney.

For more information regarding Estate Planning or Contact Us.

• Share parental control
• Deny access to social or medical history
• Deny adoptive parent or child a copy of child’s adoption file
• Deny parties non-identifying information
• Provide that open adoption is binding or enforceable

For more information about Adoption or Contact Us.

With a Guardianship, the Probate process continues indefinitely until the incompetent is restored to competency or dies. Therefore, this process involves continuing Probate expense, possibly bond premiums, fiduciary and attorney fees. And, since this is a public record, all financial details surrounding the incompetent are open to public scrutiny.

This leads to the next question, which is how to avoid a Guardianship. The simple and most effective way is to provide a trusted family member or friend with a Durable Power of Attorney. This is different from a regular Power of Attorney because a regular Power of Attorney ceases to have legal effect upon the individual becoming incapacitated. Therefore it is critical to consider giving the correct type of Power of Attorney. To help minimize or avoid the probate it is best to provide someone you trust with a Durable Power of Attorney.

Should a guardianship become necessary, an individual may nominate a Guardian for themselves in their Power of Attorney.

In addition to having a Durable Power of Attorney in order to help avoid probate, it is essential to consider also providing a Durable Power of Attorney for Health care decision making.

Finally, another way to help avoid Probate or Guardianship is to have a Living Trust. However, the most common mistake people make with a Living Trust is the failure to fund their Trust. If a Trust is properly funded, it can minimize the risk associated with a Guardianship.

For more information about Guardianships or Contact Us.

Molly Connolly is a new parent after adopting a son with her husband, John, earlier this year. After years of trying to have a child, she and John found a birth mother through Facebook after discussing their struggle on the service. This is their story.

On Dec. 30 at 11 p.m., my husband and I were sitting in our basement watching TV. We were both feeling worn out and dejected and were trying to numb our anxiety. I had just recovered from the flu and was feeling guilty about not going home to spend time with my father, who was in the hospital following a serious brain injury and possibly would not live to see the New Year.

The decision to stay in Chicago, as opposed to traveling to Minnesota, was not just based on the fact that I was so sick that I could barely get out of bed. My husband and I were also in the process of adopting a baby boy who was due on Jan. 17. Just three months earlier, we had connected with our birth mother, Valerie, through a group we created on Facebook.

Over Christmas we spoke to Valerie, who had also been in the hospital and doctors were speculating that she might have Crohn’s disease. In addition to this diagnosis, which was causing her extreme discomfort and dehydration, the doctors were monitoring her for possible cervical cancer.

Since our communication with Valerie was sporadic at best, we had no idea how she was doing. She lived in Florida and we had only met her once. Recently, when she did contact us, sounding weak and in pain, she wouldn’t tell us how she was doing, but instead told us that the baby was OK. “Don’t worry about the baby, Molly,” she would say. “He’s fine. They keep checking him and there is nothing wrong with him.”

The only thing that might happen with the baby is the doctors might have to deliver him early. We felt horrible that we couldn’t do anything for Valerie and her pain all the way in Chicago, and we also knew that we might be called at any time to go to Florida.

While John was flipping channels, trying to find something else for us to watch, I struggled to give us both a pep talk.

“She said that at worst, the doctor will induce labor on Jan 25, and she then has a three-day waiting period before she can sign the papers. So, really within 28 days, we will know. We can wait 28 days, right? It’s been years. We can do 28 days,” I said.

I remember John staring at me. Usually at this point he would jump in and we would try to psych ourselves up. “Sure! 28 days! That’s nothing!” he would say.

But this time, he looked pensive. He looked sad. He took an audible deep breath. He looked directly at me, his blue eyes looked dark, his mouth turned down in a frown.

“Do we need to start talking about what we do if this falls through?” he asked.

I closed my eyes. I didn’t want to think about it. At this point, I thought my answer would be no. I didn’t think I could go through it again. The years of “trying”, the medical procedures, the miscarriage and the failed adoption a year before–it was too much.

I opened my eyes and was about to speak when the phone rang. We both jumped. John picked up the phone and checked the caller ID.

“It’s Michael!” he said. His eyes were wide with surprise. (Michael is Valerie’s stepfather who had been in touch with us throughout the adoption effort.)

“Pick it up!” I said. I gestured to the phone anxiously.

“Hello?” John answered. He put the phone on speaker.

“Are you ready to be a daddy?” Michael asked. His voice was filled with excitement and he continued, “Valerie is on her way to the hospital right now. I hope your bags are packed!”

After John hung up the phone, I wish I could have captured the look on both of our faces with words. I have never felt a jolt of relief, disbelief and utter wonder all at once. We both started laughing.

“Really? Is this really it?” I finally said.

In the next few minutes we had a flurry of additional phone calls from Michael and a call from Valerie’s mother, Dawn, who we later learned was driving 90 miles per hour in order to get to the hospital. We could hear Valerie in the background moaning in pain and then Dawn held the phone up so we could hear Valerie.

“I’m sorry!” she wailed. “I wanted you to be here but I’m not gonna make it! I’m so sorry!” She screamed between waves of pain.

“Honey! Just get the hospital and don’t you think twice about us. We are on our way and we’ll get there as soon as we can!”

As soon as we hung up, the whole situation became a comedy routine. We both jumped up and kept bumping into each other.

“You check flights!”

“I’ll pack!”

“Call Patrick about the dogs!”

“We need that car seat from Ann!”

“What are we going to do about our car?”

John called and woke up his 20-year-old nephew who hopped in his car without a second thought to come take care of the house and dogs. I ran around upstairs packing for us, my mind completely blank on what to pack for a three-week trip to Florida in January.

When I arrived in Florida, I opened my suitcase to find not one, but two bathing suits, two wool sweaters, two T-shirts (again for 21 days), 13 pairs of black socks and little else.

John booked two one-way tickets for us to Orlando at a reasonable price.

“Honey this is great,” I said as I looked at the one-way, direct flights. “Except it is for NEXT WEEK!” We scrambled to rebook.

Since the baby would only be 3 weeks old when we left Orlando, we were advised that even if an airline would let him fly, it was not safe to fly with him especially because it was the height of flu season.

We sent a text message to our neighbor who came by at midnight with a car seat for us. We called John’s sister and asked her if she and her husband would drive our car to Orlando if we flew them home. They said yes without the slightest hesitation.

And then at 1 a.m., the phone rang again, and it was Michael. “Check your email mom and dad. I just sent you a picture of your baby boy!”

Epilogue

The most amazing thing for John and me was the flurry of excitement and joy in the days that followed. The core of our story however, is that our birth mother, the woman who brought our darling son into our lives, found us on Facebook.

In marketing ourselves as adoptive parents, we created a group on Facebook in July of 2009 called, “John and Molly looking to Adopt” and we asked our friends and family to join. Our Facebook group linked to our adoption website, www.johnandmolly.net, as well as to our adoption agency.

Back in October, when Valerie decided she was going to place her child for adoption, she asked her mother to assist her in finding a family. Her mother, Dawn, searched for “looking to adopt” and our Facebook group came up in her web search results.

From there, Dawn was able to see our group and link to our page, and subsequently recommend us to Valerie.

Looking back, it’s clear the availability of our public Facebook group in search engines was a key ingredient to our success. But more than that, Facebook provided a way for Dawn and Valerie to see more about who we were because we were open about some information about ourselves on our profiles

They were able to see that we had over 150 friends who supported our adoption efforts and were rooting for us to be parents. They were able to read on the group page about how difficult it had been for us when an earlier adoption fell through, and see how our friends had posted encouragement and support to keep trying.

And when the wonderful day came, when Valerie placed her baby boy in our arms and entrusted us to raise him, we were able to share the good news and pictures instantly with our dear friends on Facebook.

When we returned home to Chicago there were dozens of cards and presents waiting for us. The most amazing thing to me is this event put me in touch with friends from every phase of our lives who were watching the news unfold on Facebook—elementary school through college, previous work colleagues , clients, neighbors, even complete strangers who were friends of friends.

The community of support we achieved, using Facebook, is not just what helped us to find our birthmother, but also what provided us the emotional support to continue our adoption efforts in the first place.

We are grateful to our friends and family, and the wonderful people at Family Resource Center in Chicago and Heart of Adoptions in Florida . We are thankful that we live in an age where communication helped make our miracle come true.

For more information about Adoption or Contact Us.

The most significant part of estate administration is the probate process. Probate is the process of administering your estate through the court system after you die. It is set up to pay the debts you owe and distribute the remaining assets to your beneficiaries. In Virginia, probate is handled in the circuit court of the county or city where you last lived.

During probate, a personal representative is appointed by the court. This will be an executor (if you die with a will) or administrator (if you don’t have a will). Notice of probate will then be filed, your property inventories, your debts paid and your remaining assets distributed.

Beneficiaries must be patient. Distributions from the probate estate cannot be compelled until six months after the appointment of the representative. An accounting must be filed by your personal representative no later than 16 months after appointment. Typically probate takes 9 months to two years to complete. If your will is contested, this process could take years to resolve.

In addition to probate filing fees, your personal representative is entitled to reasonable compensation for the administration of your estate, to be approved by the court. Under Virginia’s guidelines, the fees are calculated on a sliding scale, starting at 5% of the first $400,000. All of this is a matter of public record, available to anyone who is interested.

Not all of your assets are included in the probate process. Assets that pass by operation of law, rather than via your will are called non-probate assets. Non-probate assets include property owned as joint tenants with right of survivorship (typically real estate, but often including joint bank accounts or brokerage accounts). In Virginia, married couples can own property as tenants by the entireties. This form of ownership has the advantage of survivorship and in addition, the creditors of one spouse cannot reach this property. In either case, on death of one tenant (owner), the survivor owns these assets outright.

Other non-probate assets include life insurance, annuities and retirement accounts such as 401(k) and IRA plans, where you name a beneficiary in the contract. Other financial assets may be designated as “pay on death” or “transfer on death,” and will also pass outside of probate.

For more information about Probate/Estate Administration or Contact Us.

There is a wide variety of legal specializations that lawyers may choose to focus on including divorce, bankruptcy, criminal proceedings and probate law. A probate attorney is one specialty that many people don’t thoroughly understand. It isn’t as dramatic or glamorous as some of the high profile specialties, but it is an important one, indeed.

Probate is a process of sorting out the financial estate of a person who has died. A probate attorney has the important task of making certain that all claims and divisions regarding the deceased person’s property are done fairly and according to the law. When a person has left a will, there may be questions about validity and proper distribution.

Many times a will includes the appointing of a representative, called an executor, who will help in carrying out the wishes of the deceased. The executor is often chosen because he or she is a trusted family member or business associate.

This law is a complicated component of the U.S. justice system. It is often fraught with emotional upheaval with family members and friends who may already be in an anxious state due to the loss of their loved one.

During this process, creditors will be notified. Legal notices in newspapers and the like are required to be published for certain lengths of time in order for all money owed to be paid out before the remaining assets are divided up between the heirs. At times, real estate property may be willed directly to individuals. In other cases, there may be the need to sell it prior to the division of assets, which can add to the lengthy process.

Taxes must also be taken into consideration and paid during the proceedings. In this extremely complicated legal process, it is important to have an expert overseeing all details in order to alleviate as much stress as possible. Every state has laws that are unique to the region, so it’s important to employ a representative who is well acquainted with the locale.

This situation can last for months or even as long as a year before all is settled and property is fairly divided. Court and lawyer costs that are required can add up to a substantial amount. Many people try to avoid excessive expenses by setting up a living trust. In this case, ownership of property can be transferred while a person is alive via the trust. When a person dies, his beneficiaries will inherit the property in this manner, which can be a more private affair than the public division of proceedings. Whether to use a probate attorney or a living trust option is an individual choice.

For more information about Probate or Contact Us.

At home, I received a newsletter from a northwest suburban lawyer who prepares a lot of living trusts. This attorney does a lot of seminars and I must be in his direct mail target market now that I am old enough to be in the AARP army. I scanned the newsletter expecting the usual boilerplate, but one story left me amazed.

It was about how the attorney was experiencing a rash of probate estates that had to be opened for clients with living trusts. (Spoiler alert: You’re not supposed to have a probate with a living trust.)

The story pointed out that the clients simply were not “funding” their trusts correctly, which is the process of changing beneficiaries and the titles of accounts to the living trust. A trust has to be properly funded to avoid probate. If any asset valued at more than $100,000.00 is left in the client’s own name (not jointly or in the trust) a probate will be necessary. Avoiding probate is one of the reasons to use a living trust over a will, so the newsletter story pointed out that this was huge failure. Rather than blaming himself for this, the attorney laid responsibility for this problem squarely where it belonged —on all of his misguided, wayward clients.

After all, he gave the client a letter telling them exactly how to fund their living trust. Why couldn’t the client simply follow his instructions? This attorney is part of the “go in peace my son and fund the trust yourself” school of attorneys. Oddly, when attorneys refuse to participate in funding of trusts, the cost of the trust is usually pretty high. But many attorneys consider trust funding to be beneath them.

I believe that attorneys who draft living trusts have an obligation to help the client fund the trust. I have drafted thousands of living trusts for clients and my clients are intelligent people. They are also very busy and have a million demands and obligations. They do not have the time or the interest to learn how to fund their living trust. Nor should they have to.

I have tried every imaginable combination of methods for funding trusts and after 20 plus years, I’m convinced that, for me, there is only one way to handle trust funding that works. Both the attorney and client have to be involved:

1. It is too much to sign the trust and other documents AND fund the trust in one meeting, unless the trust funding is really simple. I usually sign the trust in one meeting and fund the trust in a second meeting.

2. At the trust signing I set up an appointment for two weeks down the line with the client for a trust funding meeting. If I don’t schedule an appointment at the trust signing, there is about a 60% chance the client will never get back to me and the trust will be left unfunded.

3. At the trust signing, I make a list of the forms that the client must obtain. The client calls for the forms and the forms are mailed or faxed to the client. Many institutions will not send the forms to me, so the client has to undertake this step. I have many of the common forms on file for Fidelity, Vanguard, Schwab and some of the more common companies.

4. From trial and error I have developed one unwavering rule: All beneficiaries must be changed on life insurance and IRA accounts. Many clients say “Oh don’t worry I know my spouse is primary and kids are secondary.” I always change the beneficiary designation for all IRAs and life insurance, even if the trust is not the beneficiary and no matter what the client says. I would estimate that about 75% of the current beneficiary designations are screwed up, missing or wrong.

5. Once all of the forms are obtained by the client, we have the trust funding meeting with the client in my office. I tell the client it will be the most boring 30 minutes of his or her life. I sort through the forms and fill them out for the client. The client signs them. I scan the forms into pdfs and we mail in the originals.

6. The trust funding meeting is essential. Sometimes the client will say “I’ll just drop off the forms and you can fill them in when you have time.” This does not work. First, the client will usually forget to drop off the forms. Second, I will never have the time to complete them. The trust funding meeting forces the client and me to finish the job.

For more information about Estate Planning or Contact Us.

How many times have parents in a fit of exasperation told disobedient children “I’d like to send you back!” The only catch is that there’s no place to send them, except up to their room or into a corner.

Apparently, that wasn’t a problem for Torry Hansen of Tennessee. Eight months into an exhausting struggle with her adopted 7-year-old Russian son, whom she named Jared, Ms. Hansen had had quite enough. For $200 she arranged with airline personnel to see that the recalcitrant kid was flown back to Moscow and met there by someone of authority. (TV footage of Jared in Russia showed him about as fazed by all of this as Macaulay Culkin in “Home Alone!”)

A friend of mine, concerned that her young teen-aged grandson was planning to travel to Chicago alone, asked me what I thought of the little boy sent back unaccompanied to his native Russia. I said there must have been another way to handle the situation. She agreed.

But not everyone does. Another local teacher/grandmother believes there are times when a strange child gets so obstreperous as to be a danger, and that those who handled the adoption surely noticed such tendencies without alerting Ms. Hansen.

No child is guaranteed, whether adopted or birthed. And every parent-child relationship is unique. What distinguishes this one from others, however, is that it caused an avalanche of Soviet anger against America. The incident may now be old news, but it still festers, and will likely bring about changes in the Russian government’s policy for future international adoptions — if any are even permitted.

The trouble is, however, that Russia has an estimated 740,000 orphans, and the natives aren’t taking in enough of them. Americans adopted over 1,500 Russian children in 2009, the largest number after China and Ethiopia. Presumably, most of these adoptions turned out well. But whenever a problem develops, others seem to come to light, like the never-ending procession of Tiger Woods’ romantic partners.

It’s been revealed, for example, that 14 Russian kids adopted by American families have died of abuse since 1996. The fact that many American children suffered the same fate, and that even a larger percentage of orphans were abused by Russian families does not mitigate the tragedy. To some degree, we expect a higher standard of behavior from those who consciously make the effort to bring a child from elsewhere into their lives.

Finding suitable homes for orphaned kids is hard enough. But an added complication is that many Russian orphans suffer from fetal alcohol syndrome. In a past column I wrote about the excessive consumption of vodka in Russia, a dangerous habit that is spreading among our own young people. Babies born with this disease unwittingly suffer the sins of their parents, making them harder to place in adoptive homes. Often the child’s symptoms may not even be revealed for fear of rejection.

That’s basically the argument of Torry Hansen, who blames the WACAP adoption agency for not leveling with her. The agency, in turn, insists that its clients are fully informed about those they adopt, and that Ms. Hansen could have sought help from a stateside representative, rather than take the drastic measure she did. Admittedly, there is little follow-up on adoptions once a child ships out of Russia.

Adoption has always been regarded as a noble act. At its best it brings love, a sense of belonging, and greater opportunity to unclaimed children. Incidents such as the return of Jared — and the attempt of unauthorized church members to spirit children out of earthquake-ravaged Haiti — have unfairly given a bad name to adoption by Americans.

As a result of Torry Hansen’s actions, Russian agencies are keeping some 3,000 American families in limbo about the status of adoptions already in progress. Perhaps if the laws of our own land involved less red tape for adopting U.S. children, there might be fewer reasons for our citizens to face the Red Menace abroad.

For more information about Adoption or Contact Us.

Currently, Ohio adoption law says that an adult can be adopted if the adult is disabled, mentally retarded, had a foster child care giver or child step-parent relationship with the adopters as a minor, of if he or she were in the permanent custody of a children services agency at the time he or she turned 18 and consents to the adoption.

In some situations after a couple marries they may want to combine their families. Under current Ohio adoption law, the other spouse’s adult child cannot be adopted if they were 18 at the time of the marriage. If, for example, a husband and wife get married and one spouse wants to adopt the children of the other and the other spouse might have some children that are minors and some that are adults, only the minor children could be adopted and not the adult children. Or, if a spouse remarries and changes her name, she may wish to have her minor children adopted and their names and birth certificates would be changed. However, if there was an adult child in this scenario, the adult child would be excluded and left out.

This pending legislation would cure this defect in Ohio’s adoption laws.

For more information about Adoption or Contact Us.

Texas boasts one of the highest teen pregnancy rates in the nation, and more of those teen moms are opting to keep their baby.

Nationwide, including the Texas Panhandle, adoption rates are at their lowest ever, with fewer than two percent of pregnant girls choosing to go that route. Catholic Family Services says they think part of the reason teens are choosing to keep their child is because there is not the teen pregnancy stigma there once was. Perhaps another reason… Teen pregnancy is often glamorized in the media, with more and more young, unwed movie stars having children.

Adoption Supervisor Holly Campidilli says, “these babies still cry, they still get sick, they still need formula, they still need diapers, and a lot of teens and single parents aren’t in the situations that these stars are in with a lot of resources, so definitely I think they’re seeing the positive.” The latest teen birth rate numbers we have are from 2006, but in that year, there were 63 births for every 1000 women, between the ages of 15 and 19.

For more information about Adoption or Contact Us.

A new state law aims to make adoption easier in the state of Ohio. The legislation makes it easier for foster parents to adopt and could lessen burdens on mothers who choose to give up their babies for adoption.

Ronda Hobbs and her husband, Robert, had their first child 15 years ago. But the couple felt their family was incomplete, and they started trying to have another baby. But Hobbs could not get pregnant again. So the couple decided to become foster parents in hopes of being able to adopt one of them. Six years and ten foster babies later, Hobbs said it happened. They were able to adopt a little boy named Samuel.

“It’s been a roller coaster,” she said.

Up until now state law has not made the process any easier. Under the old law, foster parents had to wait a year before they could apply to adopt a foster child. The new bill, signed by Governor Ted Strickland earlier this month, cuts that waiting period in half.

Hobbs said the new bill would have been particularly helpful with their second adoption in 2007.

“Our Joseph, his parents just abandoned him. They never came back, never called to even see anything about him. And he should have been able to be adopted at six months,” she said.

Columbus adoption attorney Tommy Taneff worked on House Bill 7. The waiting period for foster parents exists to give birth parents and other family members a chance to regain custody of the child. When asked if six months was too soon for a foster family to adopt, Taneff said, no.

“If it was up to most people they’d want the adoption done within a month. They can always ask for more time, and the probate court always has discretion to give more time especially if it’s in the best interest of the child. So, I’d rather see the law shrink the amount of time that a child has to wait for permanency, for finality, for a permanent family,” Taneff said.

The state also could save some money. As a foster parent to an infant, Hobbs said she received up to $12,000 a year. In theory, the state will save money by allowing foster parents to adopt sooner. But Hobbs underscored it’s not about the money, it’s about the children.

“The children deserve to start their life as soon as possible. The children are in limbo. A few of the children that we had, they were older, and we would drive them down to visit their parents and they just never would show up. It’s devastating to a child when their birth parents do not show up and just walk away from them. And to do that for longer than six months? It’s sad,” Hobbs said.

The Bill also helps pregnant women who choose adoption for their babies. Old law prohibits birth mothers from receiving any money other than reimbursements for medical and legal expenses. The new bill allows for adopting parents or agencies to pay up to to $3,000 for living expenses during pregnancy and up to six months after birth.

Taneff said because of the old law up to half of local pregnant moms choose out-of-state couples for their child because those states allow for living expense payments.

“We have Ohio couples that want to adopt. And why shouldn’t they be allowed to adopt babies from Ohio birth mothers. It makes sense whenever we can keep Ohio birth moms’ babies in Ohio for Ohio couples. It just helps everybody all around,” he said.

A 22-year-old woman living in Marion was in that very situation five years ago. She asked to be identified only as Kelley for privacy. She was a junior in high school when she got pregnant and chose to put her child up for adoption. But because of the cost of the pregnancy, Kelly said she chose a couple in Texas to adopt her daughter. Texas law lets pregnant birth moms receive payment for living expenses. She said if that had been the case in Ohio her daughter could be living in-state right now.

“I would have greatly reconsidered placing my child in Ohio if I would have gotten help. It would have paid for gas in my car to get to the doctor’s appointments or to school. It would’ve helped for maternity clothes because those aren’t cheap and you only wear them for a couple of months,” Kelley said.

And for birth mothers who choose an open adoption the bill may make it easier to keep the child in Ohio and easier to stay in touch…something Kelley wishes she could do.

“Placing her in Texas it’s kind of difficult because I don’t really get to see her. I mean I talk to her parents a lot and they e-mail me, and they send me pictures of her and stuff which is really nice. But it would’ve been nice for her to be in Ohio I think looking back now, but…”

The bill goes into effect in April.

For more information about Adoption or Contact Us.

By Alan Judd, The Atlanta Journal-Constitution

She was 24, a fair-skinned, curly haired brunette from California’s San Joaquin Valley. She quit school after the 11th grade but wanted to go back to become a teacher or maybe a corrections officer. She said she liked “shopping, swimming, going out.” Her favorite food: Mexican. Her favorite places: the mountains and the beach. She smoked while she was pregnant.

For Krista and Luis Arduz, she represented their best hope for a baby.

Early last year, the Kentucky couple agreed to adopt the California woman’s infant through a Georgia adoption agency. Like many modern private adoptions, this was to be a complex multi-state transaction, conducted mostly through e-mails and cellphones, Web sites and text messages — not to mention wire transfers involving thousands of dollars.

And the way it unraveled sheds light on the state’s weak oversight of the 336 private agencies that arrange adoptions and foster care and operate group homes in Georgia, an investigation by The Atlanta Journal-Constitution shows.

Just three times since 2008, the Journal-Constitution found, has the state imposed penalties against agencies that exclusively handle adoptions: two fines and one license revocation.

The newspaper’s review of more than 1,500 reports of inspections and investigations found that regulators repeatedly forgave violations of rules fundamental to safe adoptions: failing to check parents’ criminal records, for instance, or not documenting safe environments in adoptive homes.

Several agencies received citations for failing to show that payments to birth mothers covered only legitimate medical or living expenses. At least one agency — Valley of Hope Adoption Inc. of Woodstock, with which the Arduzes worked — was cited for having money for a birth mother’s expenses deposited into its executive director’s personal bank account.

None of those violations resulted in penalties.

State law allows fines as high as $25,000. But officials say they prefer to persuade agencies to comply with the rules than impose harsh penalties.

“We try to work with as many agencies as possible so there are viable options for Georgia’s children,” said Keith Bostick, director of the Office of Residential Child Care, which regulates adoption and foster care agencies.

“It is a balancing act,” Bostick said. “Often it’s not black, it’s not white — it’s gray.”

Valley of Hope is one of many agencies that existed in the gray area.

The agency eluded punishment for almost two years, even though state officials knew it was violating adoption rules. But the state didn’t share information about the agency with the public until late 2009.

Erin Chaffee, Valley of Hope’s founder and executive director, declined repeated requests for an interview. In an e-mail to a reporter late Friday, she said, “Adoption is a highly personal and confidential business and for those reasons it is not appropriate for me to engage in a discussion with you.” In another e-mail Saturday, she added, “We have helped over 100 clients adopt successfully and only a handful of clients have had failed adoptions.”

The Arduzes knew nothing about Valley of Hope’s regulatory history when they made the first of several payments that were to total more than $31,000. Neither did Brea and Jonathan Freeman, a Nashville-area couple whose own attempt to adopt through Valley of Hope overlapped the Arduzes’.

In late 2008, the Freemans decided to expand their family of three biological children and one adopted child. They considered several adoption agencies before settling on one that had only recently gone into business: Valley of Hope.

“We found them on the Internet,” Brea Freeman said recently. “I could find nothing bad about them, at the time.”

‘Free gift’

Valley of Hope broke the rules even before it completed its first adoption.

Chaffee, a licensed social worker who had worked for another adoption agency, established Valley of Hope in January 2008 as a for-profit business. State law requires adoption agencies to operate as not-for-profit organizations to guard against the appearance of baby selling.

Chaffee accepted the agency’s first adoption application fee from prospective parents in June 2008 — two months before Valley of Hope received a state license allowing it to do so, records show. In her e-mail Saturday, Chaffee said regulators “had trouble understanding” that she was working with those parents through a separate consulting company.

As at other agencies, an adoption handled by Valley of Hope could be expensive — $40,000 or more — and lacking guarantees. Birth mothers may change their minds at any time, leaving adoptive parents with little to show for their financial and emotional investments.

But on Valley of Hope’s Web site, Chaffee reassures both prospective parents and birth mothers. She describes Valley of Hope as a Christian mission offering the “free gift” of “everlasting life.” All children, the Web site states, are “wonderfully made by the Creator.”

Elsewhere Chaffee takes a more secular tone:

“So many couples come to us after spending a lot of money on their adoption without success, or they tell us they have been waiting forever to adopt and nothing has panned out,” Chaffee writes. By working with birth mothers in “states that have favorable adoption laws,” she says, prospective parents could expect a “match” in four to six months — half as long as at many other agencies.

On the Web site, several clients praise Chaffee and her agency.

“We were so happy with the level of personal service and support we were given at Valley of Hope,” a couple identified as Paul and Miriam of New Jersey say. “Erin was always available to talk to us, and seemed almost as excited as we were about the whole process. We could not believe that she found us a match after TWO WEEKS!!”

Another couple, identified as Pamela and Jason from Canada, wrote to Chaffee: “When we contacted you, we had come close to losing the dream of becoming parents. Now the pain is almost forgotten.”

‘My baby’

Krista and Luis Arduz also dreamed of becoming parents once more.

But Krista, a physician’s assistant in a dermatology practice, was in her 40s, and her last pregnancy and delivery had been difficult. She feared she would not be able to conceive again. Adoption, she said recently, seemed the best alternative.

In early 2009, the Arduzes hired an adoption facilitator to help sort through the Internet’s hundreds of posted “situations” — pregnant women offering their babies for adoption. The couple settled on what seemed to be a good match: a baby due April 17 to a 24-year-old California woman offering her child for adoption through Valley of Hope.

Chaffee faxed the Arduzes a contract, which they signed Feb. 13, 2009, the same day they wired $12,500 to Valley of Hope for the adoption fee. A few hours later, Krista Arduz said, Chaffee wanted another $2,000 sent immediately for the birth mother’s expenses. It was Friday afternoon, too late to send the money from the Arduzes’ credit union. Chaffee wouldn’t wait, Krista said. So the Arduzes wired the money from a Western Union outlet.

The birth mother, by then seven months pregnant and living on food stamps and Medicaid, remained in her small, remote hometown. She was married and had two boys, a 3-year-old and a 10-month-old. Her husband, who was not the father of her sons or the unborn child, did not know she planned to give up the baby, she wrote in a birth-mother questionnaire that Valley of Hope shared with the Arduzes. The biological father, whom she knew only as “Joe,” wasn’t aware of her pregnancy.

The birth-mother form posed a question: “If you could, what would you tell the baby about yourself and your decision?”

She answered: “I love you and I think I did what was best for the future of child.”

The next question: “Why are you placing this child for adoption?”

Her response: “I am not in any way financially stable or in the position to bring a baby into this world to suffer because I can’t provide.”

Still, she wrote that although she would allow the adoptive parents into the delivery room, she wanted to hold the baby first and to spend time alone with the child. She said she would let the adoptive parents name the child, so long as they told her what they planned to call “my baby.”

From the start, Krista Arduz said, everything was complicated and confusing. The Arduzes had so many questions: When should they buy airline tickets to pick up the baby in California? How long should they expect to stay there? What kind of relationship might they have with the mother?

“No guidance,” Arduz said of Valley of Hope’s responses to their inquiries.

“It would be nothing to call them two or three times and never hear back from them,” she said. “We were very frustrated.”

Cautionary tale

In Nashville, Brea and Jonathan Freeman were frustrated, too. When they began working with Valley of Hope in late 2008, they had been impressed. Brea Freeman had imagined Chaffee as someone who could be a close friend if they lived in the same city. And Chaffee had called frequently with possible adoption matches, exuding what Freeman called “a sense of urgency.”

But, she said, Chaffee began asking whether the Freemans might exceed their self-imposed $20,000 cap on adoption expenses. After they said no, Brea Freeman said, they heard from Chaffee less often, a criticism made by others in complaints to state regulators. “If there was a chance you might be willing to spend money,” Freeman said, “she would call you back in 30 seconds.”

Freeman took copious notes of her conversations with Chaffee and saved dozens of e-mails. Her documentation, which she shared with a reporter, depicts an increasingly muddled and contentious adoption.

The Freemans thought they had been “matched” with a birth mother in Atlanta. Valley of Hope later told the couple the match had been only preliminary.

By early April, the Freemans were worried. The birth mother’s due date came and went. Chaffee was supposed to arrange a telephone conference call between the birth mother and the Freemans, but that fell through. Communication from Chaffee became less frequent.

“When you get matched with somebody, it’s like being pregnant and waiting to give birth,” Brea Freeman said. “To pull the rug out from under us, it was devastating.”

On April 5, Chaffee e-mailed the Freemans to say the birth mother was waffling. But she said she hoped to keep the adoption on track by acting “more like a friend” to her, and reminding her that by keeping the baby, she would forfeit the money for her expenses.

“She made comments like, ‘I have to do the plan,’ meaning the adoption plan, and then later said, ‘I really don’t want to give up my baby,’” Chaffee wrote in an e-mail to Freeman. “I explained to her in great detail about the benefits of an open adoption.”

Freeman felt uncomfortable with Chaffee’s strategy. The next day, she and her husband backed out of the adoption.

The woman kept her baby. After Freeman complained about the outcome, a Valley of Hope caseworker sent her an e-mail describing the woman as “not stable,” adding that her erratic nature was why the agency had not asked the couple to pay fees in advance.

By e-mail on Saturday, Chaffee said: “I have never pressured a birth parent to place a child.”

Freeman discussed the episode at length on her blog. She sees it as a cautionary tale.

“I couldn’t imagine,” she said, “looking my child in the eye one day and saying, ‘You know, the agency pressured your mom to give you up.’”

‘Everything was fine’

The Arduzes’ birth mother was due April 17. Krista Arduz booked a flight for April 15, reserved a room in the town’s new Holiday Inn Express, and waited for word about the woman’s latest visit with her doctor.

With five days to go, Luis Arduz e-mailed Chaffee: “I wanted to inquire if you have had contact … after her doctor appointment.”

Chaffee replied from her BlackBerry: “Her mom told me everything was fine at the appt, but no details.”

That weekend, the Arduzes got a call from a California lawyer who was handling legal work on the adoption. He had just heard that the baby had arrived at least a week earlier — and the birth mother had backed out of the adoption.

The child was born, the lawyer told the Arduzes, before Chaffee purportedly spoke with the woman’s mother.

The news enraged the Arduzes. Why, they wondered, had Chaffee not told them about the birth? Did she even know about the baby? If so, why had she misled them about the birth mother’s appointment with the doctor?

Chaffee says that when birth mothers change their minds, “the adoptive parents are notified as soon as the agency has confirmation of the decision.”

Regardless, last April 13, a Monday, Krista Arduz sent Chaffee a seemingly innocuous e-mail: “Wondering if you talked with [the birth mother] to find out about her visit to the hospital this past week. We’re anxiously waiting to know how she’s doing and would appreciate any info you have (even if you haven’t spoken with her).”

Chaffee wrote back: “I spoke with her Tuesday and everything was good. … Her doctor’s office said there was no new information since her last visit.”

On the telephone that evening, Luis Arduz confronted Chaffee about the mother’s decision. Chaffee, the Arduzes say, repeatedly said she didn’t know what she could have done differently.

Luis Arduz was incredulous.

“You,” he asked Chaffee, “are the last one to know?”

No evidence of fraud

Later in the month, Krista Arduz filed a complaint against Valley of Hope with Georgia regulators. Already, they were looking into a similar case that had been reported in March.

It wasn’t until July 7, though, that an inspector visited the adoption agency’s offices in Cherokee County.

Generally corroborating the Arduzes’ allegations, the inspector found numerous rules violations: a failure to document why money was wired to birth mothers, the depositing of mothers’ expense money into Chaffee’s bank account, a variable fee schedule that suggested different prices for different babies.

Other citations alleged that Valley of Hope had not adequately screened adoptive families. For instance, the agency didn’t check whether at least one prospective parent had a criminal record, didn’t document another’s mental health evaluation and could not show it had confirmed the character references for a third.

And, the inspector said, Valley of Hope still was operating illegally as a for-profit adoption agency. (It changed its corporate registration to non-profit in December 2009, records show.)

But the inspector recommended no punishment; she found no evidence of fraud, and concluded the agency had not intentionally broken rules.

Chaffee now denies violating the rules, although she never contested state citations.

By this February, officials determined Valley of Hope had neither corrected deficiencies nor submitted a plan to do so. “All of it added up to something that didn’t look right,” said Bostick, the chief state regulator.

On Feb. 15, the state revoked Valley of Hope’s license.

As far as Bostick is concerned, the agency is out of business. But its Web site is still active. It is advertising three “situations” to prospective parents on adoption sites, although Chaffee says her company is accepting no new clients. Regardless, she continues to operate her separate adoption consulting firm.

A closed chapter

The failed adoptions left the Freemans and the Arduzes in different places.

The Freemans worked with another agency, in Houston, and adopted a child later last year.

The Arduzes hired a lawyer to request a refund from Valley of Hope. Finally, they got back $3,000, half the money they had paid for the birth mother’s expenses. But they still are out $15,500.

With that, the Arduzes gave up on adoption.

“We lost so much money that I’m still paying for,” Krista Arduz said. “We sort of closed that chapter.”

Shortly after the adoption fell through, Arduz’s appendix ruptured. In bed for weeks with plenty of time to think, she wrote a letter to Chaffee — “woman to woman, mother to mother,” she said. She asked for a full refund, or at least an apology.

She never heard back.

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The passage of Ohio House Bill 130 on July 20, 2004 helped afford grandparents temporary legal rights to their grandchildren where they are living with the grandparents, and the parents, guardian, or custodian of the grandchildren cannot be located. The law regarding Caretaker Authorization Affidavits has been codified in Ohio Revised Code §3109.65 to §3109.73 and contains information and forms that the grandparents must fill out to obtain specific legal rights as to their grandchildren until such time as specified by statute. These legal rights include the grandparents’ ability to provide care, control and consent over the child in regard to schooling and medical treatment, decisions traditionally reserved for the parent, guardian, or custodian of the child. These provisions not only give grandparents legal rights over the grandchildren for a specified period of time, but also have the effect of providing protective services to children when their parents, guardian, or custodian cannot be found after a reasonable search has been conducted.

How the Caretaker Authorization Affidavit Works

Pursuant to Ohio Revised Code §3109.65, when a child is living with their grandparent and the grandparent cannot locate the child’s parent, guardian, or custodian after a reasonable search, the grandparent can fill out a caretaker authorization affidavit found in Ohio Revised Code §3109.67. There are circumstances, however, when a grandparent will not need to notify the child’s parent before obtaining temporary legal authority to care for the child under §3109.65(B). For example, a grandparent does not need to give notice to the father of the child if paternity has not yet been determined, if the parent is legally barred from obtaining notification of a child’s relocation as provided by statute or if the parental rights of the parent have been terminated by a juvenile court.

The effect of the caretaker authorization affidavit as found in Ohio Revised Code §3109.66 is to enable the grandparent to obtain the temporary legal authority to control the child’s upbringing with regard to the child’s education, activities, and all forms of medical treatment. This authority enables the grandparent to make parenting decisions that otherwise could not be made absent the consent of the child’s parent, guardian, or custodian. If a parent does come back into the child’s life, the decision of a grandparent regarding medical treatment or the child’s enrollment in a school will not stand against a parent’s contrary decision unless the parent’s decision will endanger the child in any way.

The caretaker authorization affidavit must be filled out by the grandparent and notarized to grant the grandparent legal authority to make parenting decisions for the child. If a grandparent provides false information on this affidavit, the grandparent could be subject to criminal sanctions pursuant to Ohio Revised Code §2921.13 and Chapter 2929.

Procedure for Filing the Caretaker Authorization Affidavit

Within five days after the caretaker authorization affidavit has been executed (filled out by the grandparent and notarized), the grandparent must file the affidavit in the juvenile court located either in the grandparent’s county or in another court with jurisdiction over the child based on a motion previously filed or proceeding conducted therein in regard to the child. If the grandparent executes an additional caretaker authorization affidavit over a child who is currently under a previously executed caretaker authorization affidavit, the filing of the affidavit must be carried out in the same manner as listed above.

Limits on Grandparent’s Authority under the Caretaker Authorization Affidavit

While the grandparent is given the legal authority to make parenting decisions regarding the child’s well-being and education, the caretaker authorization affidavit does not give the grandparent legal custody of the child. In addition, pursuant to Ohio Revised Code §3109.69, the affidavit in no way serves to terminate the parental rights of the parent, custodian, or guardian of the child and does not enable the grandparent to consent to the child’s adoption or marriage.

When the Caretaker Authorization Affidavit Terminates

Pursuant to Ohio Revised Code §3109.70, the caretaker authorization affidavit terminates at the commencement of certain events which include: automatically if it has been one year from when the affidavit has been notarized; the death of the child; a court order terminating the caretaker authorization affidavit; if the child no longer lives with the grandparent who signed the affidavit; if the child’s parent, guardian, or custodian does not agree with the grandparent’s decision regarding the child; or finally, the grandparent who filled out the affidavit has died. It is important for a grandparent who has executed a caretaker authorization affidavit to realize that their authority is limited in time and that the parents of the child can come back into the child’s life and thereby terminate the grandparent’s right to control the upbringing of the child for the specified time frame contained in the affidavit of one year.

Procedure after Termination of the Caretaker Authorization Affidavit

When the caretaker authorization affidavit terminates other than by way of the respective grandparent’s death, the grandparent must provide written notification to the following: entities the child was associated with because of the grandparent’s authority over the child such as healthcare providers and schools; the court where the affidavit was filed; and finally, any relevant individual or entity who has a relationship with the child and would continue to presume the grandparent’s authority to act on behalf of the child absent notification of the termination of the caretaker authorization affidavit.

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Ohio’s Safe Haven Law

No two state safe haven laws are exactly the same. Safe haven laws vary in the maximum age at which an infant can be surrendered, who may surrender an infant, and to whom the infant can be surrendered. Most states exempt parents who safely surrender their infant from criminal liability by either declining to prosecute a parent for child abandonment or providing that the surrender of a child under these circumstances is an affirmative defense in any prosecution of the parent or his/her agent for any crime such as abandonment or neglect against the child.

In Ohio, an infant who is thirty days old or younger may be voluntarily surrendered by that child’s parent to a peace officer, hospital employee, or an emergency medical service worker. Prior to the enactment of Amended Senate Bill 304 of the 127th General Assembly, Ohio would only permit an infant seventy-two hours or younger to be voluntarily surrendered without the threat of criminal penalties. The intent of the bill, which became effective on March 24, 2009, was to allow a parent more time to safely surrender the infant rather than abandon the infant under unsafe conditions or subject the infant to potential abuse or neglect.

 Unless the infant has been surrendered in a condition that reasonably indicates abuse or neglect, the parent who delivers the child is not guilty of a criminal offense, is not subject to criminal prosecution, and has the right to remain anonymous. Once the child is delivered, a rebuttable presumption is established that it is not in the child’s best interest to return to the child’s natural parents.

The safe haven provider (i.e., peace officer, hospital employee, or emergency medical services worker) to whom the child is delivered is required to perform any act necessary to protect the child’s health or safety and must notify the local public children services agency that a surrendered infant is in their possession. The provider cannot coerce the parent to reveal the identity of both parents or pursue or follow the parent after the child has been delivered. If possible, the provider can make available to the parent forms that are intended to collect medical information, as well as provide written materials that describe services that are available to assist parents and newborns, but cannot force the parent to complete the forms or take the written materials.

The public children services agency takes emergency temporary custody of the infant and must prepare case plans, conduct investigations, conduct periodic administrative reviews of case plans, and provide services for the surrendered child as if the child were adjudicated a neglected child. The infant may then be eligible for placement in foster care and ultimately for adoption.

Criticism of Safe Haven Laws

While safe haven laws appear to be a safe and humane response to the problem of child abandonment, they are not without their critics. Safe haven laws have been seen as a “band-aid approach” to a much larger problem. Many child welfare experts, for instance, cite the lack of a comprehensive strategy for the prevention of infant abandonment and the need to integrate these laws into a much larger effort to improve services for those women most at risk of abandoning their child.

Others question the effect on fathers’ rights. The abeyance of criminal prosecution and the anonymity enjoyed by the abandoning parent or their agent can often conflict with the rights of the other parent. The father may not even know that he is a parent or that the mother is abandoning the child. Critics believe that safe haven laws should provide the unwed father his due process rights to notice and an opportunity to be heard.

Some adoption advocates have their reservations about safe haven laws as well. Safe haven providers cannot compel an abandoning parent to disclose family and medical history information and the lack of this information can affect the child’s adoption prospects later on.

Others believe that these laws encourage abandonment by women who would not do so otherwise because it seems easier or less invasive than receiving counseling, help with parenting skills, or making an adoption plan. Safe haven laws have been said to propagate “baby dumps” by making it convenient for mothers to abandon their infants and shirk their responsibility. It is thought that these laws send a signal that there is no need to assume responsibility for actions taken and that discarding one’s child is acceptable behavior.

The most damning indictment of safe have laws is that they simply don’t work. In spite of the number of states who have enacted safe haven laws, abandoned infants continue to be found on porches, doorsteps and near trash piles.

Throwing the Baby Out With the Bathwater?

The abandonment of children is certainly not a new phenomenon; reports from the mid 1800s indicate the occurrence of over 900 abandonments over a period of ten years in New York State alone. Safe haven laws, then, may be seen as a new(er) approach to an age old problem. They may not be able to completely prevent the unsafe abandonment of children, but can serve as a valuable part of a comprehensive strategy addressing the issue of abandonment. Admittedly, safe haven laws do have their disadvantages, but when the lives of children hang in the balance, their value cannot be disputed.

In spite of its critics, safe haven laws do work. In Ohio alone, the Department of Job and Family Services found that 63 babies have been safely surrendered since enactment of Ohio’s safe haven law in 2001. While Ohio’s safe haven law didn’t prevent the recent abandonment of a newborn by the side of a road, it has resulted in the safe surrender of children who could have been left in a much more vulnerable location or under dangerous conditions. Ohio has been pleased with the success of its safe haven law and has recently extended the time in which a parent may safely abandon an infant to an authorized safe haven provider from 72 hours to 30 days to encourage more parents to pursue this option.

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On November 4, the country’s primary focus was understandably the historic election of Barack Obama. But in the state of Arkansas the electorate wasn’t only casting votes for its elected officials. Voters there also passed a measure banning unmarried couples living together from serving as adoptive or foster parents. The measure, which was aimed primarily at keeping gays from becoming foster or adoptive parents, surprisingly received nearly 57-percent support.

The measure’s sponsor, the Arkansas Family Council, positioned the measure as a battle against a “gay agenda” and the strategy appeared to have worked. Exit polls taken on Election Day showed the measure was supported by residents identifying themselves as evangelical or born-again Christians. Rural voters by and large also supported the measure.

Those who opposed the ban included Arkansas Governor Mike Beebe. Opponents like Beebe pointed to a current lack in foster homes as reason enough to vote against the measure. With its passage they now fear children in need of homes will be the ones who suffer the fall out. According to state officials, 1000 children in Arkansas are presently waiting to be adopted. The ban will in effect reduce the number of homes available. Children in need of parents and guardians will now likely have to wait even longer.

With those concerns in mind, opponents of the new Arkansas law filed a lawsuit at the end of December, asking a judge to strike the measure down. The lawsuit contends the new law violates federal and state constitutional rights to equal treatment and due process. The suit also argues the measure disregards the best interests of children while keeping children in state custody at additional and unnecessary costs to taxpayers.

Very similar arguments are what compelled a Florida judge to overturn her state’s long standing gay adoption ban. Ironically, the Florida ruling was handed down just three weeks after the Arkansas vote. A Miami-Dade Circuit Court judge found a Florida law that has banned adoptions by gay men and lesbians for over three decades unconstitutional. The judge said prohibiting homosexual adoption was not in the best interest of children and that the law violated equal protection rights for both children and prospective parents. Advocates for gay adoption say the Florida ruling also makes very clear that the evidence points to the fact that children raised by gay parents fare just as well as those raised by straight parents.

And now, the Tennessee legislature is weighing in on the issue. On January 30, a bill was introduced that would prohibit Tennessee couples-both gay and straight- who aren’t married from adopting. Unless a couple is actually married, they would be prohibited from adopting. The bill does not affect singles who adopt.

In fact across the country gay individuals have a far easier time adopting than couples. However in more than 20 states, it’s ambiguous as to whether the second person in a couple can also adopt their partner’s adopted or biological child if the person is gay. States like Utah, Michigan, Mississippi, and New Hampshire all have laws that do ban joint adoption.

It has been two years since the Ohio legislature took up the gay adoption issue. A bill introduced then would have fallen in line with the measures Florida recently overturned. Its intent was to bar all adoptions and foster care by gays and lesbians. The bill didn’t go far though, never even making it to the hearing stage. Presently Ohio permits single adoptions by gay, lesbian, bisexual or transgender individuals. Ohio law does not clearly prohibit joint gay adoption either. However, second-parent adoption, where one parent already has legal rights of the child and a second parent is petitioning for joint rights, is not allowed.

Ironically adoption advocates on both sides of this issue often cite the same concern when arguing their position on the subject of gay adoption: The quality of a child’s life. Advocates of gay adoptions claim that thousands of children need loving homes and to forbid gay adoption is to reduce the overall number of homes available. However, groups against gay adoptions contend that gay adoption is an affront to conventional family values and that it’s in every child’s best interest to have both a mother and a father. Some of those same anti-gay adoption groups insist children raised in homosexual homes, especially females, act out sexually and that self-identity issues are prevalent. But The American Academy of Pediatrics and other gay adoption advocates point to the fact that there is no credible evidence that shows having gay parents harms children. Proponents also argue that for the children who never get placed in an adoptive home the future is often bleak and many of these children who leave the foster care system without ever finding a permanent family end up on the streets, or in jail, without a job or family to support them.

In the meantime, statistics provided by the U.S. Department of Health and Human Services indicate there are approximately 129,000 foster care kids across the country. It is these children who hang in the balance, all in need of a stable home. For each of them, these continuing battles may very well make the difference as to when they finally find it.

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China, the top country for foreign adoptions since 2000, has increased waiting time for adoptions to 24 months or more. In addition, the country has experienced an increase in domestic adoptions, allowing them to restrict foreign adoptions to financially stable, healthy married couples between 30 and 50 and exclude single, obese, or unhealthy prospective adoptive parents.

Russian officials prohibited all foreign adoptions for several months this year by suspending adoption agencies and are slowly beginning to recertify them. Russia, like China, is also attempting to increase domestic adoptions within the country.

Foreign adoptions from Haiti and South Korea have also experienced drops, while adoptions from Guatemala, Vietnam, and Ethiopia have increased. However, experts expect numbers in Guatemala to decrease as the government plans to introduce new adoption regulations in response to fraud and extortion claims as part of the Hague Convention on international adoptions. While the new regulations are being put in place, Americans are urged not to initiate Guatemalan adoptions.

Some experts find this decrease in U.S. foreign adoptions from previously popular countries to represent positive changes, such as increased interest in inter-country adoptions and an investigation and awareness of new countries. Others, however, view it negatively, suggesting that the changes in China and Russia reflect a trend encouraged by international children’s organizations, such as UNICEF, to care for children within their own country, even when such services are less than adequate.

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Surrogacy has been in the news for a number of years. I well remember how early media coverage focused on heart-wrenching problems, such as a surrogate mother who chose to retain custody of the baby rather than to honor the agreement she had with prospective parents. Gradually I have seen the media focus becoming more positive, with recent stories of Sarah Jessica Parker and Matthew Broderick welcoming their second child who was born to a gestational surrogate. Given the desperation felt by many infertile couples, I believe surrogacy has become highly appealing to couples who can afford it. And with the demand increasing, a number of fertility physicians have been responsive to couples’ efforts to pursue this option. However, the legal issues involved in surrogacy have not been clarified to keep pace with the increasing demand by hopeful couples for medical assistance in helping a surrogate conceive. I believe this “legal lag” needs to get just as much media attention as the medical successes in helping infertile people become parents. The following article is an excellent step in that direction, encouraging prospective parents to do careful homework on how they can protect themselves from the legal pitfalls that they could encounter.

A front page December 13 article in the New York Times highlighted the issues potential parents face when turning to surrogacy as a means to bring a child into their lives. The article emphasized what so many infertile people know from experience, namely that there is no legal consistency in how different states handle surrogacy. To illustrate the inconsistency, the article states some real-life examples. On one end of the spectrum, there is California, where courts have upheld the validity of surrogacy contracts. On the other end is Michigan, which holds that surrogacy is contrary to public policy and that surrogacy agreements are unenforceable. In between are about 10 states that allow for surrogacy but preserve restrictions, with the majority of states being “silent” on surrogacy, effectively creating legal uncertainty about how intended parents can proceed when their initial plans with a surrogate are challenged. The article did go on to say that fewer problems occur in those circumstances when prospective parents have a genetic link to the offspring, but also pointed out that potential trouble spots can occur in several situations including: when surrogacy arrangements are handled by for-profit agencies, when a woman has not given birth to her own child before becoming a surrogate, when the prospective parents have not been psychologically screened and when there has been no preapproval by a court in a process that would include a home study. For the approximately 750 babies born each year in the U.S. through gestational surrogacy, the legal limbo has potential ramifications for all the players in the effort to provide a healthy and loving home for these babies.

So, what lessons can we learn from this, given that legal protections will be slow to develop and, even when they do, different states will offer different enforcements? First, it is clearly important to choose a nonprofit agency that utilizes protective guidelines. Second, prospective parents should familiarize themselves with existing guidelines developed by organizations such as the American Bar Association, the American College of Obstetricians and Gynecologists and the Society for Assisted Reproductive Technology. Third, it is important to recognize, as the New York Times article emphasizes, that surrogacy is controlled mostly by fertility physicians who stand to profit financially from the procedures they carry out. Also, many of the 100 agencies in the U.S. that coordinate surrogacy arrangements do not adhere to guidelines that would protect prospective parents in case of a dispute. Given that a successful surrogacy can cost between $80,000 and $120,000, prospective parents are in a position to lose not only that money, but also the hope for a newborn to carry home.

What I have taken from this information is that prospective parents need to do careful homework and proceed with caution before choosing surrogacy as a path to parenthood. As attractive as surrogacy may be at first glance, I believe the bottom line is that prospective parents must be vigilant and legally careful in negotiating this particular path to parenthood — both to protect their rights and the well being of potential children.

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Dear Len & Rosie, Before my dad died, he and my mom set up a living trust. When my husband and I set up our own trust, our attorney advised us to retitle our house in the trust’s name. My mom’s attorney told her that this wasn’t necessary. He said since she’s leaving the house to her trust in her will, she doesn’t have to go through the hassle and expense of changing the title on her house. My parents kept their home in joint tenancy.

Would it be better for her to change the title of her house to her trust? She wants to do the right thing. Would she have to do it in person, or can she do it by mail? She’s in her 80s and she likes to save her energy for going only places she really likes to go. The courthouse isn’t one of them. — Suzanne

Dear Suzanne, Think of a revocable trust as a great big basket that avoids probate. Everything in the basket will pass to your parent’s beneficiaries without the court’s involvement, unless there’s a legal dispute within your family. Everything out of the basket is subject to probate, probate fees, and probate delays, except for assets with pay-on-death beneficiaries, and assets held as Joint Tenants or Community Property With Right Of Survivorship.

Your parents’ home avoided probate because it was titled in Joint Tenancy between your mother and father. But now the property is titled solely in your mother’s name. She could retitle the home in joint tenancy with the children, but that’s a bad idea because she will no longer be in control of her own home, and her home would be subject to claims from her children’s creditors. She needs to put her home into the trust.

If your mother dies and the home is not in the trust, it is possible to obtain a court order declaring the home to be trust property in order to avoid probate. The appellate court decision in a case named “Estate of Heggstad” will allow your parents’ successor trustee to go to court, on bended knee, and say, “Your Honor, my parents spent thousands of dollars creating a trust to avoid probate, but they just didn’t get around to signing a new deed. Please, oh please judge, say that the home is really part of the trust because my parents really, really meant to do it and it’s not their fault.”

The petition is likely to succeed. We do about eight or 10 cases like this each year. It’s good money, for us that is. Your mother can help her children avoid spending this money by funding her trust. It is easy to fund the trust. Any estate planning attorney, even your own attorney, can prepare an affidavit of death of joint tenant, to remove your father’s name from the title of the home, and a deed from your mother conveying the home to herself as trustee of the trust. Your mother can sign the documents at the lawyer’s office, or before any Notary Public, and the lawyer can record them with the county recorder.

While you are at it, you should review your mother’s account statements to make sure that her other assets are in the trust except for her retirement accounts, for which you should also make sure your mother has designated beneficiaries. The whole point of having an estate plan is to make things easier for the children. Creating a trust is only half the job. Your mother should finish the job by funding the trust.

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Agencies report that while it is more common than ever for older couples to adopt, general adoption statistics continue to grow and therefore “empty nest” adoptions are merely staying proportional to all other adoptions.

Critics of this growing trend suggest that older couples who adopt are subjecting their children to the risk of making end-of-life decisions and losing their parents at a young age. They worry that older parents may be seeking a second “baby experience” but will lack the patience and energy necessary to raise a child.

Oppositely, supporters of the trend site that this demographic group is a new source that can provide loving homes for many children who would otherwise live in orphanages or foster care. In addition, older adoptive parents have parenting experience and expertise which can assist in providing a prosperous environment for children.

For more information about Adoption or Contact us.

CHICAGO — For years, Americans hoping to build families through adoption looked overseas because the path was more predictable and less complicated than domestic adoption.

But in recent years, the landscape has changed dramatically, experts say.

Three of the most popular countries — China, Guatemala and Russia — have scaled back, tightened rules or temporarily halted adoptions as they struggle to establish more transparency and accountability.

Countries also have raised the eligibility bar, excluding more prospective parents based on income, marital status and even — in the case of China — body mass index.

Even if a couple manage to slice through the bureaucracy, there’s the price — which can hit $40,000 in some countries, double what it was 10 years ago and a deal breaker for many families.

“It’s never been so difficult to adopt internationally,” said Julie Tye, president of the Cradle in Evanston, Ill., calling it the most challenging climate that she has seen in a decade.

A decrease in available children has caused up to 25 of American agencies to close or merge since 2000, according to the National Council for Adoption in Alexandria, Va.

“The days of a large sending country are over,” said Chuck Johnson, the council’s vice president.

The current picture is a stark contrast to a nearly two-decade-long overseas baby boom, which started in the early 1990s and peaked in 2004 with almost 23,000 adoptions by U.S. parents. But since then, the numbers have steadily declined, with only about 12,750 international adoptions in the U.S. in 2009 — the smallest total since 1997, according to State Department data.

A major shift came in 2008 with the Hague Convention on Intercountry Adoption. The treaty — signed by 70 countries, including the United States — has been widely supported by accredited agencies as an important step in eliminating concerns of baby-selling and coercion. Such allegations were common in Guatemala and Vietnam.

Although the pact certainly slowed the process by implementing more safeguards, other factors explain today’s realities, as well.

Russia had routinely allowed about 5,000 or more adoptions to the U.S. annually, but that figure has shriveled to about 1,500 simply because the nation is in less turmoil than it was after the fall of communism, analysts say.

China — which sent almost 8,000 kids to the U.S. in 2005 — accounted for just 3,000 adoptions last year. The decrease can be attributed, in part, to a robust economy and a larger middle class, giving couples more financial stability to raise kids and afford fines for having more than one child, experts say.

“It used to be that if you met the requirements, you would have a child in 12 to 18 months … but no more,” said Tom Jackson of Sunny Ridge Family Center in Bolingbrook, Ill., and Munster, Ind.

His agency had such a backlog a year ago it stopped taking applications for its China program — and has no idea when it will reopen. In 2003, Sunny Ridge completed 84 Chinese adoptions, versus 16 last year.

And just about everywhere else, there’s a new emphasis to first look for prospective parents at home, with nations like South Korea and India pouring more resources into domestic adoption.

In fact, only Ethiopia is on an upswing. That country, which figured in a mere 289 adoptions in 2004, now ranks second with almost 2,300 U.S. adoptions.

Jackson said parents are reconsidering their options and looking at special-needs children, older children and sibling adoptions — both in the U.S. and abroad.

For more information about Adoption or Contact Us.

Advancements in technology have provided numerous benefits to human life, making work easier and general quality of life far better than before. Apart from improving the quality of living, technology has also paved the way for the broadening of human perspectives allowing technology to be a tool in the perpetuation of the human species. One of the medical advancements which has raised controversial issues is mother surrogacy. Read on to find out more information about it.

In a nutshell, being a mother surrogate is a term that refers to a woman who bore and gave birth to a child who is either her own offspring or a fully developed fetus implanted into her womb. Surrogacy is usually an option taken by couples who are unable to bear their own children. In some instances, surrogacy is an option taken by unmarried women who have been wanting to become mothers even without domestic partners or by same sex couples.  Also, high profile infertile individuals make take this option and can afford to pay for commercial surrogacy, a term which may derogatorily be called “womb for rent”.

There are two general kinds of surrogacy. The first one is traditional because the mother surrogate is the biological mother of the child. The other is called gestational surrogacy as the mother surrogate’s womb serves as a host of the embryo being implanted until it becomes a fully developed fetus. In traditional surrogacy, the sperm needed to make fertilization happen can be taken from the male parent who requests a child or can be from a donor. In the gestational surrogacy, the mother surrogate cannot be called the child’s biological mother since she is only a host of the developing embryo.

Since surrogacy is a bit different from adoptions, this practice is marked by legal controversy. However, many countries even in US states have their own legal provisions concerning the legitimacy of the children born out of surrogates and their intended parents. To avoid lawsuits, some states require pre-birth orders to identify the intended parents of the child. This is to avoid legal disputes which were common before.

Another controversy is sparked by the feminists who liken mother surrogates to prostitutes. They describe surrogacy as patriarchal violence as it disrespects the bodies of women using them as “commodities” and degrades the babies being born. However, the feminists view against surrogacy is being ignored since most people believe that having children, whether biological or not, completes the family. Studies show that most surrogate mothers are not emotionally attached to the children they gave birth, unlike the intending parents who want the children in the first place. The series of studies have refuted the popular speculation that surrogates tend to be closer to the children they gave birth to since they were the host of the children for several months.

Whether morally good or bad, the source of the controversy is the fact that surrogacy is a non-traditional method of child bearing. Despite the different views regarding surrogacy, the most important thing is that the children born out of mother surrogates are given all the rights, respect and love which they rightfully deserve to have in order to live harmoniously in the world.

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Childbirth could be the most miraculous and joyful experience that people may have in their lifetime. What if this dream of having children is unable to come true because of the misfortune of infertility? The couple may experience their worst nightmare but will eventually find respite with the involvement of someone who would want to become a surrogate mother. This person is someone who is kind-hearted and generous enough to lend her womb to bear a couple’s bundle of joy and might just be the best answer. It is however challenging and fearful to be a surrogate mother or couple at that and this is the reason why the correct steps should be followed for a successful surrogacy procedure. What follows are these steps:

Screening the Application

To become a surrogate, the potential surrogate would have to apply to their chosen surrogacy agency. Once the application is received, a representative from the surrogacy agency would contact the applicant. After the applicant has been asked questions, a permanent counselor will be assigned to provide guidance during the whole process. At the first meeting with the agency, the applicant will be screened thoroughly. Once the applicant passes the screening, the applicant will receive an invitation to attend a group support meeting that may be available and have a background check. The applicant will meet with a representative of the agency to ensure that the pregnancy medical expenses will be covered by the applicant’s insurance policy. They will also have a medical screening by a fertility specialist whose expertise is working with surrogate mothers.

The Match-Making

The agency will present profiles of prospective couples to the would-be surrogate, previously matched based on the information gathered during the application screening. The would-be surrogate has the opportunity to choose the couple to work with. The would-be surrogate’s profile will be sent to the prospective couple and an initial meeting with a counselor will be set once both parties agree. After both parties have decided to work together, an agency attorney will be assigned to draft a contract and send it out to be signed. Once both parties sign the contract, the couple will be required to deposit the surrogacy fee and other possible expenses held in trust by the agency.

Medical Care

A fertility specialist associated with the agency will explain to the would-be surrogate all the procedures of the surrogacy program, whether artificial insemination or in vitro fertilization. Further questions about the process will be readily answered. The would-be surrogate will also be monitored throughout the medical process.

The Pregnancy and Childbirth

You will have the freedom of informing the couple of the exciting news as soon as the pregnancy is confirmed. You should choose an obstetrician that is approved by your medical insurance or continue working with an obstetrician you already have an existing working relationship with during the pregnancy. You may start doing doctor’s visits at least eight (8) weeks during your pregnancy. It may be suggested by the agency that you keep in touch with the couple at least once every two (2) weeks since most couples would want to take part during the pregnancy.

The couple will be completely responsible for the caring of the child as soon as the baby is born. While in the hospital, both surrogate mother and couple who may have established a bond would take turns with the baby. It could become emotional for the surrogate mother because she would have to part ways with the couple and the baby once the child is released from the hospital. The joy she has given to the new parents of the baby she selflessly carried is beyond compare. Inspiration, support and lasting friendships may be established with other surrogate mothers once the amazing story on how to become a surrogate is shared in the group support meeting.

For more information about Surrogacy or Contact Us.

House Bill 7 provides additional financial support to the birth mother consenting to the adoption of her child. In addition to the payments of allowable expenses related to the adoption or placement of a child such as medical or legal expenses, prospective adoptive parents may now pay up to $3,000 of the living expenses incurred by the birth mother for the duration of her pregnancy and for 60 days after the child is born. The payment of these living expenses must flow through the attorney or agency arranging the adoption, but will ultimately provide much needed financial support for birth mother.

The bill also contains a requirement that the Director of Job and Family Services must promulgate rules that will ensure that adoption and foster care home study procedures and content are in alignment. This will help promote efficiency and consistency for the adoption and foster care systems, which should help make the adoption process go more smoothly.

The length of time in which a child must live with a foster parent before the foster parent may submit an adoption application has been decreased from 12 months to 6 months. Also, a juvenile court no longer needs to consent to adoptions before a probate court can grant adoption petitions that include legal guardians or custodians. As a result of these changes, children will have the opportunity to be adopted at a much faster rate and the number of children awaiting permanent homes will likely decrease.

Where a parent has not been in contact with the child for one year and failed to provide for the child, consent by the parent is no longer forfeited; rather, under the new law, the court must find by clear and convincing evidence that the parent did not try to establish contact with the child or provide any support. In addition, the clerk of courts must send a notice to the parent stating the legal ramifications of the adoption and informing the parent of his or her right to contest the child’s adoption. While the use of the “clear and convincing” standard as opposed to the automatic forfeiture of rights may be seen as a means to impede rather than expedite the adoption process, its usage will provide the birth parent(s) with the ability to contest the adoption before their parental rights are terminated and in doing so may reduce the possibility of lengthy appeals.

Another change provides for the finalization of an interlocutory order not less than six months and not over one year from the date the adoptee is placed in the adoptive home instead of anywhere between six months and one year from the date the order is issued. This provision will decrease the time the court has available for observation, investigation, and review of home study reports while also decreasing the amount of time that the adoptive parents must wait before the adoption is final. Current law which allows the court to vacate an interlocutory order sooner for good cause relating to adoptions involving foster parents or relatives remains unchanged in the bill.

A juvenile court must now consider the ability of the adoptive parents to meet the needs of the other children living in their home.

The bill also adopts a new definition of “non-identifying information” by listing types of information that may be requested in relation to the adoptive parent. Prior to the passage of House Bill 7, Ohio law only addressed the type of information considered as “non-identifying” as that which pertained to the birth parent. Under the bill, the adoptive parent’s age at the time of adoption, an adoptive sibling’s age at the time of adoption, the heritage, ethnic background, religion, educational level, and occupation of the adoptive parent, and general information known about the well-being of the adoptee both prior and after adoption is considered to be information that does not identify the parties involved and therefore subject to inquiry. The bill does authorize an agency, attorney, person, or other governmental authority to reclassify any non-identifying information related to an adoptive family as identifying information on a case-by-case basis and to deny the request made for that information. In addition, House Bill 7 preserves the ability of a birth parent of an adopted person, a birth sibling over 18 years, or a birth family member of a deceased birth parent to submit a written request for non-identifying information as well as retains the definition of what constitutes such information, but stipulates that the birth parent must wait until the adopted child is 18 years of age before the information can be requested.

Changes in Child Welfare Laws

Under House Bill 7, a juvenile court may extend a temporary custody order for an additional time beyond that by which a PCSA or a PCPA may extend a temporary custody order by motion. The bill permits a juvenile court to extend a temporary custody order in increments of six months each, but under no circumstance may it extend the order for more than one year. In addition, the bill prohibits the court from extending the temporary custody order beyond two years from either the date when the complaint was filed or when the child was put in shelter care, whichever comes first and irrespective of any previous extensions. This provision allows a juvenile court more latitude in its disposition of the child, while safeguarding against the placement of a child in temporary custody for an inordinate period of time.

The new law mandates that a juvenile court must, under specific circumstances, place a child in a PSCA’s or PCPA’s custody. The child is required to be placed with a PCSA or PCPA if all of the following apply: 1) the court determines by clear and convincing evidence that the child cannot be placed with one of the child’s parents within a reasonable time or should not be placed with either parent; 2) the child has been in an agency’s custody for two years or longer, and no longer qualifies for temporary custody; 3) the child does not meet the requirements for a planned permanent living arrangement pursuant to current law; and 4) prior to the dispositional hearing, no relative or other interested person has filed, or has been identified in, a motion for legal custody of the child.

The law provides specifications concerning when it is necessary for the child to stay in residential or institutional care. If the child is unable to function in a family-like setting due to physical or mental disability and must therefore remain in residential or institutional care, the law specifies that the child must remain in such care for “now and the foreseeable future” beyond the date of the child’s dispositional hearing.

Finally, the new law provides an additional standard for the involuntary termination of the parental rights of a parent who has already had his or her parental rights terminated in regards to a sibling of the child in question. Under House Bill 7, the parent must prove by clear and convincing evidence that in spite of the previous termination, the parent can provide a secure, permanent placement and adequate care for the health, welfare, and safety of the child. While this provision allows the parent the ability to preserve his parental rights for the child regardless of the loss of parental rights in respect to another child, it also protects the child who is the current subject of a TPR proceeding by requiring the parent to meet a stricter burden of proof.

The passage of House Bill 7 effectuates many positive changes in Ohio adoption laws and will encourage adoptions in Ohio of children in need of permanent homes. With approximately 2,800 children waiting for adoptive families out of the more than 22,000 children in Ohio living in either foster care or some type of out-of-home placement, it is necessary to make the adoption process more accessible.

For more information about Adoption or Contact Us.

One important consideration involved with making the choice between a living trust and a will is whether or not an estate would be likely to enter probate. If so, next consider whether the associated probate costs are likely to exceed those of setting up a living trust and whether or not other ways to avoid probate exist. It is important to realize that upon setting up a living trust it must be funded and assets must be transferred before one’s death. In addition, the creation of a living trust will not protect assets from creditors.

Before creating a living trust, it is important to consider whether one will effectively work in your situation. If it seems to be a good match, a probate or an estate-planning attorney can assist in creating a living trust. Those interested in creating a living trust should beware of those who call themselves trust specialists or certified planners, whose real goals often are simply to sell unneeded annuities and encourage the spending of savings.

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Though a company must fund 100% of adoption benefits without insurance assistance, the cost of providing these benefits is relatively low, as they are not an ongoing cost. In addition, the benefits for employers who offer increased adoption benefits are numerous. These packages allow for the promotion of a family- friendly image among the community and to potential new employees, and, as 50% of Americans have either adopted children themselves or have close relationships with adoptive parents, adoption benefits allow companies to stay current with the changing American family.

Some adoptive parents report that without employer adoption benefit packages, adoption would be more difficult due to high costs. In addition, as more and more people consider adopting children, whether or not employers offer assistance is an important issue for potential employees.

A 3-5% increase in companies offering adoption benefit packages is expected in the coming years as well as continued expansion of benefits offered, such as increased incentives for parents who adopt foster children. Employers interested in creating employee adoption benefit packages are offered free assistance on The Dave Thomas Foundation’s website.

For more information on Adoption or Contact Us.

Generally, a trust exists when a person, or the grantor, gives property to another, the trustee, to hold and manage for other persons, called beneficiaries. A living trust is one that can be amended or revoked by the grantor during his or her lifetime and he or she maintains all benefits of the property placed into the trust. Advantages to creating a living trust instead of a will include avoiding probate and its ensuing costs and privacy in administration. However, a living trust is more time consuming than creating a will and will not be supervised or reviewed by a court.

A will, though less expensive to create, is subject to probate and therefore additional costs such as court costs, appraisal fees, executor’s commissions, and attorney fees. In addition, terms of a will, including names of beneficiaries, are a matter of public record once it is filed with the probate court. Even when a living trust is created, a will is still necessary, as it is the appropriate document to name guardians of minor children or to name an executor to allocate assets not transferred to the trust during the grantor’s lifetime.

Heirs and beneficiaries can challenge the validity of both living trusts and wills, though the time periods in which to do so differ. A living trust can typically be challenged for up to two years, while contesting a will must be done within three months. These documents can be found invalid for incompetence at the time of creation or for undue influence from others.

Consulting with an attorney can help determine whether a living trust or will is more appropriate and likely to accomplish personal goals. Though many online companies offer assistance in creating wills or trusts for a small fee, these services usually lack the ability to handle complex estates. Other inexpensive estate planning resources can be found through Legal Aid and Bar Associations.

For more information about Estate Planning or Contact Us.

In the wake of the earthquake that devastated Haiti earlier this month, thousands of “Good Morning America” viewers have contacted the show, asking how they can help the many children orphaned by the quake. ABCNews.com spoke with U.S. government officials, aid organizations and non-governmental organizations to get the latest information on adoption of Haitian orphans.

Question: Can I adopt a Haitian Orphan?
Answer: No, not at present. In the wake of the earthquake that devastated the island nation earlier this month, new adoption applications for Haitian orphans are not being processed and are on hold indefinitely, according to the U.S. State Department. It’s unclear when the process will begin again.

Question: Why won’t the Haitian government allow the adoption of orphans?
Answer: The Haitian government is still in the process of identifying and registering children who were orphaned after the earthquake. In addition to concerns about child-sex trafficking, officials in Haiti need time to clearly identify a child as an orphan. Because of the number of missing and displaced Haitians, the process is long and arduous.

Question: Are any adoptions of Haitian orphans underway?
Answer: Yes. About 700 U.S. families who were already “far along” in the process are being allowed to complete their adoptions, according to Chuck Johnson, vice president of the National Council for Adoption in Washington, D.C. About 1,000 children are expected to be taken out of Haiti under the initiative, according to the U.S. State Department.

Question: What are the Haitian government’s requirements for prospective adoptive parents?
Answer: “It’s quite a lengthy and detailed process [with] a lot of very strict and rather unusual requirements that do not apply in most countries,” Michele Bond, the U.S. State Department’s deputy assistant secretary for Overseas Citizens Services, said. “You have to be married at least 10 years; you can’t be accepted as [adoptive parents] in Haiti if [you] already have a biological child, and you can’t be accepted if one parent is less than 19 years older than the child.”

So, for example, an adoption of a 10 year old would not be allowed if one spouse is 35 and the other is 28. Should prospective parents fall into any of these categories, they would need a presidential dispensation. “They would have to wait for the [Haitian] president to review your file, and then it goes to the courts there,” Bond said, adding that she doesn’t know of any other government that has such criteria. Information on same-sex couples was not immediately available, according to State Department officials.

Adopting Haitian Orphans

Question: How long does the process of adopting a Haitian orphan take?
Answer: It could take up to three or more years to adopt a Haitian orphan under pre-earthquake conditions. It’s unclear how long it would take now.

There are two parts to the process. The first part is a petition to the U.S. government to be declared eligible to adopt a child. That process, known as the I-600 process because of the name of the form, takes between 60 and 90 days, according to U.S. government officials and aid organizations. It involves a criminal background check, a medical background check and a suitability determination that involves visits to the home and interview with the prospective parents.

The second part of the process involves gaining approval from the Haitian government. That process takes two to three years, once the U.S. government approves the I-600 petition, according to U.S. government officials and aid organizations.

Question: Is that a long time compared to adoptions from other countries?
Answer: It is relatively long. Ethiopia, for example, matches adoptive parents to orphans in as little as 14 months, Johnson said, while countries such as China can take up to five years.

Question: Approximately how much does it cost to adopt a Haitian orphan?
Answer: The cost of adopting a child from Haiti can range from $10,000 to $25,000, according to Kathleen Strottman, executive director of the Congressional Coalition on Adoption Issues.

“The costs vary depending on the agency used and the services they provide (some are a one-stop shop, others do basic services) [the] State Department reports that the cost of the adoption itself is approximately $3,000 and the remaining are travel and agency fees,” Strottman wrote in an e-mail.

For more information about Adoption or Contact us.

The New York Times published a magnificent story about the Heaton family of Roca, Nebraska (population 130), who are in the process of adopting two Haitian girls, ages 7 and 2. Like 900 other Haitian children just flown to the United States, these children had been in the adoption process for years, stymied by bureaucracy and inertia. Spurred by the humanitarian crisis of the Haitian earthquake, the United States has eased its visa requirements for Haitian children in the final stages of the adoption process. According to the Times story, when the Heatons landed in Omaha with their new daughters, they were “greeted by throngs of well-wishers toting teddy bears and balloons.”

I was moved by this but not surprised. The United States is the most open country in the world when it comes to adoption. In many parts of the world, blood means everything and people would never adopt outside their family. In the United States, we have a far more expansive view of family. In fact, half of all adoptions in the world are by Americans.

And it’s not just that Americans adopt. Americans adopt children that might be shunned in other countries. The younger of the children being adopted by the Heatons had a medical condition that left her brain partially exposed. The family made numerous trips to Haiti and hosted the child when she came to the United States for a medical procedure to correct the problem.

Kathy Heaton described her reasons for adopting. “We can’t think of anything we’d rather do than raise these children and make a difference.” The Heaton family is like tens of thousands, if not hundreds of thousands, of Americans, driven to adopt out of a sense of altruism. Last year Americans adopted 55,000 abused and neglected children from foster care. It is as simple as wanting to help a hurt child.

Perhaps the most interesting aspect to the story of the Haitian orphans is that it took a natural disaster of such tragic proportions to shake the bureaucracy. Many, like the two girls being adopted by the Heaton family, have spent much of their lives in an orphanage while waiting for the “system” to work. Why did it take such a tragedy to free these 900 children?

Unfortunately, there is a sad parallel between the plight of Haitian children waiting in orphanages and the 125,000 American children waiting in foster care to be adopted. That parallel is a system that too often acts as a roadblock instead of an emergency service responding to the urgent need of a child without a family.

Contrary to conventional wisdom, in the United States, there are far, far, more people interested in adopting children from foster care than there are children in need of families. Talk to people trying to adopt from foster care (and I have spoken to thousands) and you will quickly learn that there are far too many places in the child welfare system where the incentives for inaction outweigh the incentives for action. So children wait.

I have worked in this field for 20 years and I have seen countless examples of good people wanting nothing more than to help a hurt child heal. I have seen children in wheelchairs adopted. I have seen a child scarred by cigarette burns adopted by a woman who recognized those scars from her own childhood abuse. Last year I met an 18-year-old kid with “thug life” tattooed on his arms. He had just been adopted and when he spoke about his “mama” he wept.

We are blessed in this country to have an overabundance of families who want to provide homes to children in need. It should not take a catastrophic natural disaster to motivate us to sweep away the barriers that prevent children in need from having the families they deserve.

For more information about Adoption or Contact us.

Litigation after the death of a loved one is never easy. It often pits relatives against relatives and can be very stressful. It is not something you want to happen when your loved ones are already dealing with their loss. How can you make sure your loved ones don’t fight or become involved in litigation over your estate?

Here are some things you can do to help avoid litigation:

1. Communication.  Inform your heirs if you are making a distribution that is “not natural.” A “natural” disposition is when you leave your estate to your heirs such as your children and grandchildren. An “unnatural” disposition is where you disinherit your natural heirs and leave your entire estate to someone you have known for 6 months, for example, or a caregiver, or other distant family members or charities. It is of course up to you who you choose to inherit your estate but it will help to avoid discord later if you tell your heirs what you are doing. You can discuss it with them or leave them a letter of explanation. Litigation develops when the individuals who thought they would be receiving an inheritance find out after your death that they were disinherited or will not be receiving an asset or a portion of your estate that they thought they were getting. So if you do want to exclude a child, for example, or make an uneven distribution of your estate among your children, tell them about it or in some manner explain it so it doesn’t come as a complete shock.

2. Have properly prepared legal documents.  Make sure your estate planning documents are properly prepared. So often, litigation arises because of wills or trusts that were not properly drafted in the first place. If you are concerned about someone contesting your will or trust, you certainly don’t want to do it yourself or use a “trust mill” or online service. You want customized properly drafted documents so there is no ambiguity as to your wishes. Also, most estate planning lawyers also do trust administration. Frequently it is the case that surviving family members will call the lawyer that drafted the estate plan, so choosing a trusted lawyer that you can work with during your lifetime may also be someone that can assist your family upon your death.

3. Keep your estate planning documents up to date.  If you have neglected to update your trust to add or remove beneficiaries after a death, divorce, or other changed circumstance, or worse yet, neglected to change payable on death designations, you are asking for trouble. An up to date estate plan (which includes a trust, pour over will, and powers of attorney for asset management and health care) makes it less likely for uncertainty upon your death. Also necessary as part of the periodic review of your estate plan is to have the beneficiaries updated as necessary on life insurance polices, IRAs, pension plans, etc. The last thing you probably want is your ex-spouse receiving life insurance benefits when you were divorced 10 years ago.

4. Include “no contest” clauses in your estate planning documents.  Most wills and trusts have a “no contest” clause. This can discourage disputes over a will or a trust because it provides that someone who contests certain provisions in your estate plan will not be entitled to an inheritance. Depending on where you live, some “no contest” clauses can be easily overcome.

5. Don’t forget to provide for your personal property.  Dividing up personal property and family heirlooms is another area which, believe it or not, can become a battleground. Family members sometimes hold up the rest of the estate administration over property that has little monetary value but has great sentimental value. Unless you have left specific instructions, your personal property will be divided up among the beneficiaries. But how does you executor or trustee know how to determine an equal distribution of items that have sentimental value? What do you do if both daughers want (and may have been promised) grandmother’s ring? If you have personal property and you want it to go to a certain family member or a friend, there are several ways to do it. You can make a specific bequest of an item in your will or trust. This is a preferable way for items of value. You can also execute a personal property memorandum listing each item and who is to receive it. This can be changed or added to at any time before your death. There are even online auction sites that will divide up the personal property among family members if you sign up before your death.

Taking the time to incorporate some of these ideas into your estate planning can avoid disputes over your estate that are not only costly in terms of money but also in terms of family harmony.

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Flexibility and a sense of humor are vital characteristics when raising children and they can come in handy during the home study as well. For instance, if you have the flexibility in your job and are willing to take off an hour early to meet with the social worker or to modify your schedule in some other way to make the meeting arrangements flow smoothly, that effort will be appreciated by the worker. As a parent to be, many more of these accommodations are in your future; therefore the social worker often believes you might as well start getting used to them!

The duration of the home study will vary from agency to agency, depending on various factors, such as how many social workers are assigned to conduct home studies, what other duties they have, and how many other people applied to the agency at the same time as you. You can do a lot to expedite the process by filling out your paperwork, scheduling your medical appointments, and gathering the required documents.

The cost of the home study depends on which kind of agency or practitioner is conducting the study. A public agency (often your local Department of Social Services) does not usually charge a fee for a home study, since it is supported by government funds. However, occasionally a public agency may charge a modest home study fee-once you adopt one of the agency’s children, you can usually obtain a reimbursement for this fee.

A private agency might charge from $1,000 to $3,000 for the home study, although it may charge no fees or charge lesser fees for home studies for children with special needs. For a non-special-needs child, the fee may cover an application fee and pre-placement services, but be sure to confirm this. For locating a specific child and providing follow-up or post-placement services, you will usually be charged a separate fee. These services could possibly be performed by a second agency. Fees for these additional services could range from $2,500 to $25,000. Many agencies allow the fees to be paid in installments. Again, be sure to discuss this thoroughly so that there are no misunderstandings.

A certified social worker in private practice often conducts home studies for independent adoptions. Fees for these are probably in the same range as those for private agencies. Independent adoptions are not legal in all States.

Remember, even though an adoption home study may seem invasive or lengthy, it is conducted to prepare you for adoption and help you decide whether adoption is really for you. The regulations serve to protect the best interest of the child and to ensure he or she is placed in a loving, caring, healthy, and safe environment. Once you accept that premise, it often becomes a lot easier to complete what is required of you. After all, the reward of withstanding a short period of inconvenience is great: many years of happiness and fulfillment raising a child to maturity.

Good luck to you in your pursuit of a child through adoption and with your adoption home study. With perseverance and a good attitude, you will be able to team with the adoption social worker to make this a valuable learning experience-one which will help you to do the best possible job in parenting the child who will join your family. After all, the adoption worker wants you to accomplish your goal of adopting, especially if one more child gets a loving, permanent, safe family.

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In Judaism, adoption is an important as well as an intricate issue. Although the Jewish Law recognizes adoption as a legitimate way to build a family, it also evokes conflicting messages, known as halakhah, in regards to adoption. Emphasizing greatly on bloodlines and ancestry, Judaism prioritizes tradition with respect to adoption.

A child that is legally adopted under the Jewish Law and is being brought up in a traditional Jewish household is not considered an adoptee. In regards to the Jewish religion, the adopted child is considered part of the family. However, for a Jewish family that wishes to adopt a non-Jewish child, there is always an additional filter that respects the Jewish tradition through generations of Jewish families.

Under the Jewish Law, an adopted child is duty-bound in the laws of death and mourning in the event of a loss of a close relative, namely mother, father, sister, brother, spouse, son or daughter. Considered as an immediate family, the adopted child recites the traditional mourner’s prayer (Kaddish) for 12 months and is obligated in the laws of mourning.

Jewish adoptive parents should carefully consider how they communicate respect for the Jewish religion to the adopted child without diminishing the importance of the birth parents’ religion. Particularly, when it comes to open adoptions and the birth family is not Jewish, the child is likely to raise questions about the Jewish religion, the birth parents’ religion, the differences between the two, why they exist, which is better etc. In these cases, both adoptive and placing parents should communicate in a respectful way and should follow a common way on explaining all these questions to the child without prejudices and conflict.

In many cases, there are conflicts between the different factions of Judaism, namely Orthodox, Reform, Reconstructionist and Conservative. Under the Jewish Law, an adopted child whose birth mother is not Jewish should be officially converted to Judaism. However, if the birth father is Jewish, Reform and Reconstructionist Jews do not proceed to conversion, while Orthodox Jews recognize conversions performed solely by Orthodox Rabbis.

All these complexities create additional challenges in regards to adoption under the Jewish Law. For children who are not born Jewish and have different race and culture in their genes, it is a difficult challenge to connect with a Jewish family, particularly when outsiders question this connection. There are cases that Chinese children are adopted by Jewish families and because their characteristics are so unique, they have been told that they are not Jewish. The same has happened with blond children with blue eyes, who do not look like typical Jews and again their identity has been questioned by third parties at school or even at the synagogue.

For all adopted children is difficult to create a solid identity. Jewish adoptive families should help children who are not born Jewish to develop a strong Jewish identity. On the other hand, they should respect the challenges that evoke from the birth family’s religion. There are cases that Jewish children have celebrated Christmas with their birth parents because the Jewish adoptive parents have accepted that their child should make his or her own choices. In any event, communication is the key.

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COLUMBUS, Ohio

The United Nations Children’s Fund estimates there were 380,000 Haitian orphans before the devastating earthquake. Now it’s believed that there are thousands more.

But opening your home to a Haitian orphan isn’t as easy as you might think, considering the need for adoptive families.

“You’re not just going to be able to wake up and say I’m adopting a child today,” said Tommy Taneff, a local adoption attorney.

While there are plenty of orphans available, Taneff says working through the Haitian government to get the process going will be difficult.

“There are lawyers that are missing that are dead, judges that are missing that are dead, and paperwork that is in shambles as well,” said Taneff.

Taneff explains that’s not the only roadbump. He says getting pre-approved for adoption is a long and cumbersome process, especially for international adoptions. You could spend up to two years and up to about $45,000 trying to rescue an orphan, despite the fact that some have already been airlifted to the United States. Taneff says the orphans who were brought to the states have been in the pipeline for adoptions and their paperwork is almost completed.

If you’re willing to take on the challenges of adoption, Taneff points out that young Haitian children aren’t the only ones who need homes.

“It’s those teenagers that need families that have the highest risk of getting drug into the sex trade, alcoholism and prostitution,” said Taneff.

Taneff says if you’re going to pursue an international adoption, make sure you work with an attorney or agency that is familiar with the process. Ask for references and check licenses to make sure an attorney or agency is credible.

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DELAWARE, Ohio – Imagine being an adoptive parent, just weeks away from receiving a child from a birth mother, only to find out the mother was never pregnant.

It’s a scheme that has fooled and broken the hearts of Midwest couples.

Shawn and Laura Mickens fell victim to the scheme.

They have been searching for a baby for the last 18 months and already lost out on a previous adoption opportunity.

So when they saw an ad for a local birth mother who was supposedly due in three weeks, they jumped at the chance and scheduled a meeting right away.

“She got so attached to us. She was rubbing her belly, calling it by the child’s name even though she wasn’t really pregnant. She just looked pregnant,” Shawn said.

The couple said the mother agreed to sign all of the paperwork necessary for the adoption but then suddenly stopped calling.

The Mickens posted their story on online adoption forums and found that nine other couples had fallen victim to the very same scheme.

“We’re trying to give a child a good home, and she’s ruining the adoption process for these families. She’s breaking their hearts and making them think twice if they really want to do this,” Laura said.

Adoption attorney Tommy Taneff said similar schemes are rare, but couples should always do their homework on a birth mother.

He said couples should run background checks and do Internet searches and always should work with an adoption attorney to prevent problems.

The Mickens said they will continue to pursue adoption despite the disheartening scheme.

In the meantime, they are working to get the word out about the scheme.

They said local authorities decided the case was too weak to pursue in court.

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It’s 2010!  For the past nine years, the federal estate tax rules have been changing and they shifted again on January 1, 2010. As of that date, the federal estate tax has been repealed, although it is scheduled to return in 2011 with a $1 million exemption and 55% rate. For this year, there is complicated alternate tax regime that allows executors to apply up to $1.3 million in basis to (with an additional $3 million for a surviving spouse) to assets of a decedent to avoid capital gains tax upon sale of the assets. Because of the the changes and uncertainty about possible retroactive imposition of the estate tax for this year, virtually everyone with assets in excess of $1 million should have their estate plan reviewed.Bypass Trust Arrangements May Need Tweaking

One example of the need for an updated estate plan occurs when a married couple has set up a bypass trust arrangement in their wills or living trust documents. (Bypass trusts are also commonly called credit shelter trusts).

The main purpose of a bypass trust is to allow both spouses to take advantage of their respective federal estate tax exemptions. Typically, assets with value equal to the current exemption amount are automatically put into the bypass trust when the first spouse dies. The trust is created at that time and is irrevocable.

The beneficiaries of the trust are designated by the first spouse to die, and the assets used to fund the trust come out of that person’s estate when death occurs. Typically, the trust beneficiaries are that person’s children and/or grandchildren.

Since the first spouse to die designates the beneficiaries of the bypass trust, the assets used to fund the trust are included in that person’s estate for federal estate tax purposes. However, no federal estate tax is due because that person’s estate tax exemption provides sufficient shelter.

The surviving spouse can be given money from the bypass trust to meet his or her reasonable financial needs. When the surviving spouse passes away, the remaining assets in the bypass trust go the beneficiaries of the trust (such as the children and/or grandchildren).The Potential Problem

Most wills and trusts don’t state a specific value for the assets that will be used fund the bypass trust. Instead, the language effectively states that assets with value equal to the current federal estate tax exemption amount will be placed in the trust. But with no estate tax in effect, this arrangement will not work. Also, such provisions do not have the flexibility to take into account income tax issues as well. Alternate provisions are necessary to take advantage of current laws in the event the estate tax is not reinstated retroactively, and the possibility of a future estate tax exemption of anywhere from $1 million to $5 million.The Bottom Line

Throughout your life, your estate plan will have to be altered at times due to tax changes and other events. Some situations are inherently unpredictable–like winning the lottery or losing a bundle in the stock market. However, it’s a fact that the federal estate tax laws are in flux and proper planning is needed. Therefore, don’t delay contacting consult your estate planning attorney about whether you need to take action.

As of January 1st, the federal estate tax is no more and it may mean that you should revise your estate plan and related documents. Anyone with total assets over $1 million (including face value of life insurance, retirement, home equity, etc.) should make make sure there estate plan is up to date. Click “Continue Reading” to find out what the change involves, what happens next year, and what steps you might want to take now to ensure your wishes are carried out.

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More Franklin County residents than ever are ushering in the new year with new names.

Through November, 756 requests for new or modified names had been filed in Probate Court, already surpassing the county’s previous record, set last year, of 743.

Franklin County is on pace to wrest the informal title of “Ohio’s name-change capital” from Cuyahoga County, the perennial leader in moniker modification.

Experts aren’t sure what’s driving the numbers, although it could be a combination of population growth; requests for hyphenated names after marriage or divorce; adoption and child-custody issues; and, perhaps, the sour economy.

Escaping creditors is not a valid reason for a name change in Ohio, but some name watchers suspect that the current economic climate is tempting at least a few people to resurface as someone else.

“Do I think there might be a minimal increase because of debt problems? Absolutely,” said Columbus lawyer Thomas Taneff, who specializes in probate and adoption cases.

More than 90 percent of all requests for new names are granted, said Ricardo Banner, Probate Court deputy clerk. The cost to file is $108 in Franklin County, and no lawyer is required.

“Overwhelmingly, they’re approved,” said Probate Judge Eric Brown, whose office includes seven magistrates who review and rule on most requests. Brown weighs in when changes are contested or controversial.

Newlyweds and divorcees don’t require a trip to court if their name changes occur immediately and don’t involve hyphens. For example, the Jane Smith who marries John Doe would automatically become Jane Doe — but not Jane Smith-Doe.

In Probate Court, many name changers are divorced women who kept a married name for several years, possibly to raise children, and then reverted to a maiden or hyphenated name once the children were grown, said Bill Reddington, the court’s former chief magistrate.

Lisa Ludwig of Pataskala got divorced in 1994 and kept her former husband’s name while raising their teenage daughter.

“If I would have taken my maiden name back and she had kept her father’s name, it just would have been one more stigma for her to deal with,” Ludwig reasoned.

When Ludwig went to Probate Court several years later to legally restore her maiden name of Black, she balked at the fee.

“That’s my name — the name I was born with,” she said. “On principle, I didn’t think they should charge me for that.”

Ohio law sets forth a few basic requirements: Applicants must have lived in a county for 12 months before applying for a new name and must file notice of a pending change in a general circulation newspaper, which isn’t covered by the $108 fee.

Although Brown, who joined the court in February, hasn’t faced any outrageous requests, some of his predecessors have. In those cases, judges and magistrates are guided by case law and common sense.

Ten years ago, Robert William Handley of the South Side sought to legally change his name to Santa Robert Claus, which was denied in 2000 in part because the magistrate didn’t want children to one day have to read an obituary for Santa Claus.

“I thought it (the name change) would be fun,” said Handley, 63, who sports a natural white beard, weighs 350 pounds and makes social and professional appearances as St. Nick.

“I wanted to be able to pull out my ID and say, ‘Ho-ho-ho!’ ”

In 1999, another city resident sought to change his name to Jesus Christ because he thought it went well with his company’s name — the Government of the Kingdom of God, which, he said, he formed at God’s direction.

In rejecting the request, the magistrate said he wanted to save the man from his own bad judgment.

“Human nature being what it is, it is more likely that the change . . . will subject him to public ridicule and derision,” the magistrate wrote.

In 2005, a man living in a Near East Side homeless shelter petitioned the court to re-brand himself Lucifer, Lucifer, Lucifer.

His reasoning: “Upon contineuos study eyo have discovered that the Hebrew definition for ‘Lucifer’ is enlightener, so for (the) remainder of mine years on this plane of existence eyo should desire to be so.”

The magistrate ruled that Lucifer was a “domain name that is widely recognized and cannot be used exclusively by an individual for an individual identity.”

The official offered to let the man use Lucifer as a first or middle name, but the applicant said: Heavens, no.

Case dismissed.

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Americans for Open Adoption Records posts about reasons why any adopted person should have access to their own adoption records. Adoption records can be illuminating for an adoptee. They may show information that most non-adoptees take for granted, such as race, single or twin birth, other siblings, mother and father’s names (if available), and also some potentially important medical history.

I knew my birth-family for the almost 11 years I spent in foster care until my official adoption at 14. Therefore, I have had access to medical information and medical history that may not be accessible to many American’s who were adopted at much younger ages, or who were a part of closed adoption proceedings. However, my younger birth sister was adopted young and part of closed adoption proceedings. She already had 3 children before I met her in her 20′s, and was able to tell her to screen for Epilepsy. Her oldest child had already had a severe seizure and because of this knowledge, she was armed with the knowledge to screen her other children for Epilepsy and for other genetic diseases.

An adoptee has the same right to know their medical history as anyone else does. If the adoptee is aware of heart disease or diabetes in their immediate birth family, they can be forewarned to be screened for these illnesses. A woman might want to know if there are genetic triggers that may complicate a pregnancy. Open adoption records would be helpful for doctors who would have a basis to go on when treating patients who were adopted.

Even something as simple as knowing your race or races can be a huge advantage. There are different illnesses that certain races are more susceptible to than others. I cannot imagine any person not wanting to be forewarned about potential health risk factors.

Sometimes records contain information that is not health-related, but gives the adoptee information they may not have expected. For example, I was able to view my own adoption records, and was touched by some of the information in them that I had never known.

Social workers have chronicled my life almost as long as I have been alive. One excerpt from my own record was, “Rose is almost 3 years old. She is a quiet child who tries to take care of everyone. She follows her mom around and mimics her actions, including trying to vacuum. She tries to get her mother to sit down while she takes care of her.” This is interesting to me, because I was put into foster care just after that. The information from this record, not only gave me a childhood story that I’d never had, but taught me more about the reasons that the removal into foster care was a necessity for my own well-being.

AMFOR and organizations like this, have a worthy purpose. Knowing what is in your adoption records is one more step into knowing important information about who you really are.

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Litigation after the death of a loved one is never easy. It often pits relatives against relatives and can be very stressful. It is not something you want to happen when your loved ones are already dealing with their loss. How can you make sure your loved ones don’t fight or become involved in litigation over your estate?

Here are some things you can do to help avoid litigation:

1. Communication.  Inform your heirs if you are making a distribution that is “not natural.” A “natural” disposition is when you leave your estate to your heirs such as your children and grandchildren. An “unnatural” disposition is where you disinherit your natural heirs and leave your entire estate to someone you have known for 6 months, for example, or a caregiver, or other distant family members or charities. It is of course up to you who you choose to inherit your estate but it will help to avoid discord later if you tell your heirs what you are doing. You can discuss it with them or leave them a letter of explanation. Litigation develops when the individuals who thought they would be receiving an inheritance find out after your death that they were disinherited or will not be receiving an asset or a portion of your estate that they thought they were getting. So if you do want to exclude a child, for example, or make an uneven distribution of your estate among your children, tell them about it or in some manner explain it so it doesn’t come as a complete shock.

2. Have properly prepared legal documents. Make sure your estate planning documents are properly prepared. So often, litigation arises because of wills or trusts that were not properly drafted in the first place. If you are concerned about someone contesting your will or trust, you certainly don’t want to do it yourself or use a “trust mill” or online service. You want customized properly drafted documents so there is no ambiguity as to your wishes. Also, most estate planning lawyers also do trust administration. Frequently it is the case that surviving family members will call the lawyer that drafted the estate plan, so choosing a trusted lawyer that you can work with during your lifetime may also be someone that can assist your family upon your death.

3. Keep your estate planning documents up to date.  If you have neglected to update your trust to add or remove beneficiaries after a death, divorce, or other changed circumstance, or worse yet, neglected to change payable on death designations, you are asking for trouble. An up to date estate plan (which includes a trust, pour over will, and powers of attorney for asset management and health care) makes it less likely for uncertainty upon your death. Also necessary as part of the periodic review of your estate plan is to have the beneficiaries updated as necessary on life insurance polices, IRAs, pension plans, etc. The last thing you probably want is your ex-spouse receiving life insurance benefits when you were divorced 10 years ago.

4. Include “no contest” clauses in your estate planning documents.  Most wills and trusts have a “no contest” clause. This can discourage disputes over a will or a trust because it provides that someone who contests certain provisions in your estate plan will not be entitled to an inheritance. Depending on where you live, some “no contest” clauses can be easily overcome.

5. Don’t forget to provide for your personal property.  Dividing up personal property and family heirlooms is another area which, believe it or not, can become a battleground. Family members sometimes hold up the rest of the estate administration over property that has little monetary value but has great sentimental value. Unless you have left specific instructions, your personal property will be divided up among the beneficiaries. But how does you executor or trustee know how to determine an equal distribution of items that have sentimental value? What do you do if both daughers want (and may have been promised) grandmother’s ring? If you have personal property and you want it to go to a certain family member or a friend, there are several ways to do it. You can make a specific bequest of an item in your will or trust. This is a preferable way for items of value. You can also execute a personal property memorandum listing each item and who is to receive it. This can be changed or added to at any time before your death. There are even online auction sites that will divide up the personal property among family members if you sign up before your death.

Taking the time to incorporate some of these ideas into your estate planning can avoid disputes over your estate that are not only costly in terms of money but also in terms of family harmony.

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However much you might like to try and ignore it, death, like taxation, is unavoidable. With a valid and up-to-date will, however, you can make sure that your assets are distributed according to your wishes, and that you have made proper provision for your loved ones.

Before making a will, however, you will need to consider the following:

1. Your property – make a list of everything you own and how much it is worth. Include your home and any buy-to-let or holiday property you may have, money in bank or building society accounts, shares, pensions, insurance policies, any personal valuables and any business interests you own.

2. Providing for your loved ones – who do you want to leave your property to? Make sure that you make proper provision for your spouse or partner, children, extended or previous family members and friends. Do you want to leave some money to a particular charity? Do you want to put any conditions on any of your legacies? A common condition is that children must reach a particular age, say 21, before being entitled to the money that you leave them.

3. Guardians – do you have any minor children? If so, who would you want to care for them if you were to die before they reach the age of 18?

4. Your business interests – what would you like to happen to any business interests you may own after you die?

5. Any other wishes? Do you have any particular wishes for the arrangement of your funeral? In particular, would you prefer to be buried or cremated – or is there something else you would prefer? How do you feel about organ donation?

6. Appointing Executors – executors are people you appoint to administer your estate i.e. carry out your wishes under the will when you die. This could be a family member or close friend, or an experienced professional such as a solicitor. A common and often sensible combination is to appoint both a family member and a solicitor. Make sure that you appoint someone who understands financial issues and don’t forget to make sure that they are prepared to take on the role of executorships should you die. This is important as without checking with them first, you run the risk of them refusing to act as executors and leaving the estate without someone you have chosen to administer it. Remember that the responsibilities of the will can be quite long lasting – especially if your will involves the creation of a trust, for example with regard to your children.

7. Finally don’t forget to make sure you are aware of the tax implications, particularly with regard to inheritance tax, of your will.

It is good advice to review your will at least every 5 years and especially on any major life changes such as marriage, divorce, or having a child. Although it is possible these days to prepare your own will, there are serious risks involved and sadly the number of incorrectly drafted wills being contested is rising rapidly – at vast financial and emotional cost to the estate of the deceased. You should think about getting some professional advice from an experienced wills and probate solicitor – they should be able to draw up a simple will for you for a reasonable fixed cost.

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After months of dealing with the complex process of buying a new home – from selecting an agent, to viewing properties, to securing a loan, to negotiating a purchase price –homebuyers often think that once the ink is dry on the escrow papers, the deal is done. However, taking the extra step to determine how best to hold title to your home can potentially save thousands of dollars in fees and taxes, and prevent costly title defects that can hinder your ability to sell the property. Holding title to your home in a living trust – as opposed to “community property”- is the single best way to avoid these complications. The living trust is a self-settled revocable trust (you created it) that, when someone dies, causes their estate to avoid the public probate process. Like a will, a trust specifies who is to inherit your home and other assets when you die. Holding title to your home and your other assets in a trust ensures that your instructions on how to distribute them will be carried out after you die. Additionally, if a husband and wife hold title to a home as community property, instead of in their names as trustees of their living trust, and one of them dies, the surviving spouse is prevented from selling the residence as quickly as it would be if it were in a living trust. One of the other reasons for utilizing a living trust is to avoid the exorbitant statutory fees associated with the probate process. For example, on an estate of $1 million, fees will run about $46,000 ($23,000 payable to the attorney and $23,000 payable to the Executor), whereas the costs of administration of a living trust is generally much, much less. In addition to real estate, assets including liquid cash accounts, savings accounts, stock brokerage accounts and personal effects like jewelry, furniture and other personal items can also be transferred to the living trust. The consequences of your home being in the name of an individual or as “community property” between spouses or registered domestic partners, upon the death of you or your loved one, is a formal court proceeding known as probate (proving of the Will). If you had a living trust upon your death and your successor trustee can prove that you intended for your home to be in it, a quicker and easier judicial process known as the “Heggstad petition” may result in a court order transferring the assets to the successor trustees of your living trust. The probate process is generally a nine-month minimum period whereas the “Heggstad petition” process can usually obtain the needed court order in about six to eight weeks. Both the probate process and the “Heggstad petition” court order transfer the assets to the successor trustee of the living trust. When an attorney assists with the creation of the living trust, he generally prepares and assists with the recording of deeds with the appropriate county(ies) transferring title to the trustees of the trust. Often times though, certain assets do get transferred to the living trust, but somehow are transferred back into the individual name of the settlor(s) of the trust. This happens most often with the family residence as a result of a refinance. Some lending institutions want the borrower’s name on the deed before they will lend and as a result, ask that the property be deeded back to the settlor of the living trust before the loan can be completed. This is just fine, however, one should never allow for their real estate to be transferred out of the living trust without clear instructions that it is to be transferred back into the name of the living trust immediately after securing the loan.

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We have talked about powers of attorney, Wills and probate processes in the past couple of months. Possibly you nodded off while reading them, or skipped them entirely. I understand. We don’t like to think about incapacity or death. Also, estate planning is not really for you—it is for those you leave behind. It often takes an unexpected jolt or tragic occurrence to make us say “Oh no! I should have…” or “How awful! He forgot to…” But at that point, it is often too late.

Let’s look at two real life incidents that may make you take action:

Scene 1:

Dee and Joanne were registered domestic partners in California, and both had Wills. State law views them as “spouses” who can inherit community and separate property assets from each other, often without going through probate. When Dee passed away, Joanne discovered that their home was not titled in joint tenancy. It is solely in Dee’s name. To make matters much worse, Dee had handwritten some beneficiary changes on her Will. Although the Will provided that Joanne inherit the house and most of Dee’s assets, the Will is invalid because she wrote on it. Dee had passed away “intestate”—without a Will.

Joanne, in poor health herself, was heartbroken. She had to file a probate petition and retain an attorney to help sort things out, and only now, nearly a year and a half later, has the court determined that the house and other assets may be legally transferred into Joanne’s name.

Just two simple errors caused a huge heartache, a huge expense and a lot of wasted time. It is easy to title your assets correctly. It is easy to make legal changes to your Will. Find an attorney. The cost of correct titling or a simple codicil to a Will may be as little as a couple of hours of the attorney’s time. Compared to the frustration and enormous financial and psychological cost of intestacy or other errors, you owe that to your loved ones.

Scene 2:

Jeff was pleased with himself. Five years ago, at age 65, he had his attorney set up a living trust to pass on his house and savings; a durable power of attorney; and health and personal care directives. His assets were modest, but he felt secure. If he became incapacitated, his nephew Jay, who was named as his personal agent, would manage his assets and his medical care.

Jeff and his best friend, Two Cents, a Yorkshire terrier, lived comfortably until suddenly Jeff suffered a stroke and was rushed to the hospital. Like clockwork, the terms of the power of attorney and directives took effect, and that day, Jay assumed management of Jeff’s financial affairs and his medical care. It was clear that Jeff’s memory and speech were seriously affected and he would have a long period of incapacity.

Jay forgot about Two Cents until he entered Jeff’s home two days later. Two Cents was unfed, un-walked and frantic. Jay had no place to keep the dog, and knowing that Jeff might not be returning home for a long time, decided to take the dog to the pound. He wanted to be a good custodian of Jeff’s financial affairs. He shouldn’t be spending Jeff’s money on a dog.

Several weeks passed, and Jeff was recuperating. As his speech and memory began to improve, his first questions were about Two Cents. Was he all right? Was Jay feeding him the right food? Could Two Cents come to see him? When could he go home to be with Two Cents?

Well, you know the rest. If only Jeff’s attorney had added a simple statement to the durable power of attorney directing Jay to spend the money needed for the care of Two Cents, the pet would be here now to help Jeff on his long road to recovery.

None of us would consciously hurt our partners, spouses, families or pets. We are disturbed and angry when we hear about such things happening to others. But we still fail, time after time, to review our own plans and how they may affect our loved ones if something happens to us. It costs us so little to be sure they will not be harmed by something we forgot to do. Please, review your plans for their future today.

This article is part of an ongoing series of articles pertaining to legal issues in the LGBT community. Previous articles can be viewed at heritagelegal.com. This information is intended for general information purposes only, and is not intended to provide legal advice. Christopher Heritage is an attorney in Palm Springs, who focuses on LGBT estate planning, domestic partnerships, same-sex marriage, probate, trust administration, and consumer bankruptcy.

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Lawyers see litigation and administrative nightmares resulting from political impasse.

Barring a last-minute political deal, the federal estate tax is set to disappear as of Jan. 1, 2010–for just one year. Democratic leaders of Congress are vowing to resurrect the tax retroactively sometime next year, but the impending lapse has estate planners in a tizzy. They worry the lapse could turn into a nightmare for some families.

“We may have to change every other client document,” laments Carol Harrington, the head of the Private Client Group at McDermott Will & Emery.

The one-year repeal of the estate tax has been a part of the law since the Bush tax cuts were passed in 2001. In 2011, when those tax cuts expire, the estate tax will come roaring back to life with a $1 million per estate exemption from tax and a 55% top rate. By contrast, for those dying in 2009, $3.5 million of each estate is exempt from federal tax and the top estate rate is 45%. 

But the reality is that the families of those who die during the lapse–including those who aren’t so wealthy–may not save any tax and could face a real mess. “Beneficiaries will deal with uncertainty for years,” warns Kaye Thomas, a tax lawyer who opines on tax issues at his Web site, fairmark.com. “Having a brief period when the estate tax doesn’t apply will almost surely lead to questions as to whether wills and trusts drafted under the assumption that the tax would remain in force truly reflect the intent of the decedent,” he adds.

An unlimited amount can be left to a spouse tax-free. So estate planning documents drafted for couples often include formula clauses designed to preserve the estate tax exemption of the first spouse to die. But those clauses could spell trouble during the lapse.

Here’s how one such clause might backfire: A man has $6 million in net worth and his will gives his children from his first marriage the “exemption” amount with the rest going to his second wife. If he dies in 2009, when the exemption is $3.5 million, wife No. 2 is left with $2.5 million and the $3.5 million going to the kids is exempt from estate tax. Sounds fair and tax-savvy.

But if the man dies on Jan. 1, his will could be interpreted to leave the entire $6 million to his children with his widow left out in the cold. Imagine the family feuds–and litigation.

Even if the family gets along, and with no second-marriage issue, a will that unintentionally transfers all assets to the kids could create huge problems, including incurring extra state estate taxes (23 states and the District of Columbia have their own estate taxes).

In addition, if Congress reinstates the estate tax retroactively, some heirs of those who die during the no-estate tax time period are likely to put up a fight instead of paying big bucks in estate tax. “If there’s a significant estate, you’re going to have litigation,” predicts Donald Hamburg, an estates lawyer in New York City.

The question for the courts would be: “Is the retroactive estate tax an unconstitutional ex post facto law?” To be sure, a constitutional challenge is a long shot. Taxpayers sued and lost on whether it’s constitutional to retroactively increase the top estate tax rate in Nationsbank of Texas v. U.S. In that case, a woman died in March 1993, when the estate tax was 50%, with a $28 million estate. But as part of the 1993 budget deal, Congress later raised the rate for 1993 deaths retroactively to 55%. Her heirs sued over the extra tax, took it up to a Court of Appeals and lost. They were denied a hearing by the U.S. Supreme Court.

Still, the retroactive imposition of a tax–as opposed to a retroactive tax rate increase–is arguably different, says Blanche Lark Christerson, managing director at Deutsche Bank Private Wealth Management.

Heirs would have to wait until the constitutional issue is resolved in the courts before they get their inheritances. “It certainly will mean that inheritances will be delayed in whole or in part,” says Linda Hirschson, an estate lawyer with Greenberg Traurig in New York.

As a practical matter, people can take the position that the tax is retroactive and they’re not going to fight it, or they can take the position it’s not retroactive and gear up for a fight with the IRS and later in the courts. If they take the latter position, they’d better keep funds in the estate until things have cleared up, Hirschson says.

While only perhaps 5,500 estates over $3.5 million would have a tax problem with the retroactive imposition of the estate tax, tens of thousands of smaller estates still face a logistical and tax mess during the period the law has lapsed. As part of the current law, during the one year that the estate tax disappears, so too does a provision which gives all inherited assets a “step-up” in basis to their value at the time of the owner’s death. (Step-up means heirs can sell right away without owing any capital gains taxes.)

Instead, for the one year of the estate tax lapse, only the first $1.3 million in assets gets a step up in basis. That means heirs of some estates larger than that will have to pay lawyers and accountants extra to figure out which assets to include in the $1.3 million. Moreover, they may not even know what the original cost of various assets was.

Harrington notes that if there’s a surviving spouse, he or she can get an additional $3 million of assets that have been stepped up. So in theory, some estates might be able to shield up to $4.3 million from capital gains, depending on how an estate plan is drafted.

Still, the loss of step-up is a key reason planners assumed the politicians–if they wanted to keep their jobs–would change the law before 2010. Congress actually repealed step-up once before, but never allowed the provision to take effect because of the outcry from families, lawyers and accountants.

With all these problems there is a potentially huge planning opportunity, says Hamburg.

Along with the repeal of the estate tax is the repeal of the so-called “generation-skipping tax” (GST), a stiff extra tax that applies to transfers to grandchildren and others, which is designed to limit multigenerational gifts that skip a generation of tax. Wealthy grandma can make significant gifts to grandchildren using multigenerational trusts, paying a gift tax (which isn’t repealed) but no GST. “Lawyers are talking about setting up these trusts in January,” Hamburg says. It’s not clear if this will work if Congress reinstates the GST retroactively and it is held to be constitutional.

Where will this all settle? An estate tax with a $3.5 million per-person exemption ratcheting up to $5 million over 10 years, and a 35% top rate (or perhaps a top rate tied to the top personal income tax rate), predicts Dean Zerbe, national managing director with the AlliantGroup and former tax counsel to Sen. Charles Grassley, R-Iowa.

“This is a classic football exercise–you get politicians on both sides posturing,” Zerbe says. “The biggest winners out of this are the estate tax attorneys. It’s a sad day for everybody else.”

While planners have bemoaned the uncertainty since 2001, few believed the politicians would be reckless (or deadlocked) enough to let the tax expire and then come back. They always assumed there would have to be some sort of a political deal before time was up.

“I’ve never seen Congress do anything so stupid,” says Harrington. “The uncertainty is paralyzing. We were not cynical enough.”

You might think heirs of those who die between Jan. 1 and the signing of a new estate tax law will be in luck. That’s why there have been jokes about 2010 being the year to “throw mama from the train” or to send Dad hunting with Dick Cheney.

For more information on Estate Administration  or Contact us.

If you have temporary relinquished guardianship of your child due to illness, homelessness or financial problems and wish to regain physical custody of your child, you will need to submit a petition to the court that heard the initial guardianship case. After you file your petition with the court, you will need to attend a hearing in front of a family court judge, who will determine whether to return custody of your child.

Step 1

Prepare a petition to terminate temporary guardianship. Your petition should list the child’s full name and date of birth, your full name and relationship to the child and your reasons for wanting to terminate the temporary guardianship arrangement.

Step 2

Sign the document and have it notarized. Before submitting your petition to the court, execute it in the presence of a notary public.

Step 3

File the petition with the court. To have your petition reviewed by a judge, you will need to submit it to the clerk of the court, who will assign you a hearing date.

Step 4

Make your case in front of the family court judge. At your hearing, explain your reasons for wishing to terminate temporary child guardianship.

Step 5

Present evidence to back up your claims that you are willing and able to care for the minor. If you relinquished guardianship due to problems caring for the child, you may be asked to call in witnesses and provide written evidence to establish that you are a fit custodian.

For more information about Guardianship or Contact us.

Dear Len & Rosie, I have heard conflicting information about trusts vs. wills regarding probate. If you only have a will, does it have to go through probate in California? If so, how long does that process take and how much does the family lose to probate? – Charlotte

Dear Charlotte, The answer to the question, “Is my estate going to pass through probate,” does not depend on whether or not you have a will. The need for probate depends on the value of your probate estate, which consists of everything titled in your name upon your death, outside of a trust and without joint tenants or pay on death beneficiaries.

If the total value of your estate is less than $100,000, your heirs can collect your estate 40 days or more after your death, with small estate declarations described in section 13101 of the California Probate Code.

Many banks have their own forms for this, so a lawyer may not be needed at all. Transferring real property of small value is harder. Your heirs will have to have the property appraised by a California Probate Referee and petition the court. But it’s still a lot easier, faster, and cheaper than a full-blown probate.

If the total value of your estate is $100,000 or more, then probate is necessary. Probate is time-consuming and typically takes anywhere from 12 to 18 months. Probate is also expensive. Probate lawyer fees are set by statute as follows:

• 4 percent of the first $100,000

• 3 percent of the next $100,000

• 2 percent of the next $800,000

• 1 percent of the amount above $1 million

The lawyer for a modest $500,000 estate gets paid $13,000. Since the executor gets the same amount, the total fee is doubled to $26,000. And this does not count “extraordinary” fees that are routinely approved by the court for “extra” work such as selling your home.

How can you avoid this? The operative word here is “estate.” Assets in your probate estate must pass through probate or by small estate declarations and petitions. The trick is to hold title to your assets outside of your probate estate so they will not be subject to probate after your death.

You can avoid probate by holding title to your assets in joint tenancy with your heirs, or by using bank account pay-on-death beneficiary designations.

Surviving spouses inheriting an estate can also avoid probate with a spousal property petition. The problem is that joint tenancy can backfire.

Your children may decide to take the money and run — it happens sometimes. Also, if your children are on title to your home, you’ll have to ask them permission if you want to sell your home or take out a new loan. Your home could even be subject to the claims of their creditors.

For these reasons, the best way to avoid probate is with a revocable trust. Trust assets are not part of your probate estate and are therefore not subject to probate.

A revocable trust is also completely under your control so you will not have to seek your children’s approval for what you do with your own property.

For more information about Probate or Estate Administration or Contact Us.

“How much did she cost?” the cashier at the grocery store asked, pointing to my daughter.

I nervously shifted Evie, on my hip and swiped my credit card. My husband and I had just gotten home from Beijing, China, with our new daughter and I wasn’t prepared for prying questions from strangers.

“How much did you pay for your car?” I shot back.

She wrinkled her forehead, frowned, and was obviously offended by my question.

“I’d just heard that it was $100,000 to adopt from a China,” she hissed.

“It’s not $100,000,” I sighed. “She didn’t cost a penny. We did, however, pay a social worker and an agency to help facilitate the adoption.”

As I headed back to my car, I had a sinking feeling that more people would ask the same question. I was right. The first week Evie was home, my dentist, a neighbor, and a stranger at the park all wanted to know: How much?

It is true, adoption isn’t cheap. There are a lot of fees that add up quickly. We paid for a home study, visas, passports, immigration papers, plane tickets, and hotels. Quite honestly, it is a financial sacrifice. But so are other things that people don’t question, like sending your child to college. People find a way to do it. Much like financing a college education, there are grants, loans, and federal tax credits available to adoptive parents.

I wonder, though, what’s the cost of not adopting? It was never God’s intention for children to grow up in an orphanage without the love of a mother or father. Clearly God weeps for those who suffer, especially the fatherless. In fact, in Matthew 19:14, Jesus berates his disciples for turning children away from him. Jesus invites the children to stay and declares that the kingdom of Heaven belongs not to the grown-ups but to the kids. It is one of the many beautiful pictures in the Bible that illustrates God as our Abba or Father.

It is also a call to action. Just as Jesus welcomed the children, he asks us to reach out to the neediest to the least of these.

Imagine what would happen if every Christian world-wide cared for orphans? I know not every Christian is called to parent an orphaned child. But I do believe that Christ calls every Christian to care for and support the fatherless. That could be praying for an adoptive family, supporting an adoption cause, or sponsoring a waiting child.

Financing an adoption isn’t the price tag that should shock people. It’s the cost of standing by and doing nothing that should leave Christ-followers speechless.

(Amy has written children’s books, a teen magazine column, interviews, and adoption applications. She is the proud mother to two boys who are 7 and 4. Her latest adventure led her to Beijing, China, with her husband Jonathan where they met their newest addition to the family, a two year old little girl.)

For more information regarding adoption or contact us.

Answer:

James P. Frederick, Attorney licensed in Michigan, states: I would call the lawyer first and make sure that things are actually as you believe them to be. Title should be changed as part of the probate process. Indeed, that is generally the only reason to go through probate administration, in the first place. If the estate has been closed, you need to check to make sure the PR still has legal authority to transfer title. If the lawyer does not give you a clear answer, I would consult with another lawyer or go to the probate court. I am not sure what tax papers you refer to, but it is probably that those can be changed, outside of the probate proceeding, once you are sure that ownership has changed.

Answer:

Steve Fromm, Attorney licensed in Pennsylvania, states: The prior lawyer makes some good points. After the estate administration is completed, it would seem that the property has to be placed into a trust for your son and that transfer of title is imperative. In addition, such trust needs its own employer identification number. You need to ask the attorney for a roadmap of how things will proceed and the timetable he thinks will be needed.

For more information regarding the Probate process or contact us.

Of the hundreds of teenage girls going through unplanned pregnancies that Karen Pringle deals with in her job, few — maybe 1 percent — tell her they plan to put their babies up for adoption.

Pringle and others who work with teenage and pregnant girls in Tulare County say rarely does the subject of adoption come up. And when it does, the girls and young women often don’t think much of the idea.

Pringle is perinatal services coordinator for the Tulare County Health and Human Services Agency.

Maricela Lupercio, director of Latinos4Life, an anti-abortion group based in Visalia, said adoption seems to be particularly taboo among Hispanic girls and young women.

She recounted a recent conversation with a woman who had an abortion at 15, became pregnant again and gave birth to a child.

She now is pregnant for the third time at 19 and was considering another abortion, Lupercio said. “I asked her if she had ever considered adoption, and she said, ‘Oh, no. I could never do that.’ ”

Lupercio said that for some girls, particularly Hispanics, adoption has a bad image — even worse than abortion for some.

“As far as I know and [among] the people who I know and I’ve met, in the Hispanic culture, it’s not as common to adopt babies,” she said.

So a lot of Hispanic girls often aren’t exposed to adoption and never see the positive outcomes of it, Lupercio explained.

They believe “adoption is some taboo thing to do,” and it just doesn’t enter their minds as an option in dealing with unplanned or unwanted pregnancies.

Sharon Phillips, a school nurse who teaches health and sex education classes for 12 Tulare County school districts, the closest being the Tulare Joint Union High and Farmersville Unified school districts, agrees.

“I never hear adoption [brought up] very much,” she said.

Sex education instructors contacted for this report said abortion or adoption aren’t part of their curriculums. And if students bring those subjects up during their classes, their responses usually are limited.

For example, “If they were to ask me, I would tell them where they could go to ask about adoption,” said Aracelly Oros, program coordinator for the Proteus Inc. Community Challenge Grant, which provides comprehensive sex education classes to Visalia middle and high schools.

It’s not something many parents or friends of pregnant teens want to hear either, said Shyla Erich-Smith, a Tulare-based adoption attorney.

“It seems to be a theme that I’ve heard that they’re being pressured to keep the children by their peers, by their parents. There just seems to be a cultural thing in this area,” she said.

And that pressure can lead to some bad decisions, including girls hiding their pregnancies — or at least trying to — so they can have their babies adopted without family and friends finding out, Erich-Smith said.

During her murder trial in October, Nancy Ortiz testified she had hidden from her family three pregnancies, secretly had given birth over nearly two years and had abandoned all three newborns in her Orosi neighborhood.

One of those babies died of hypothermia.

Ortiz, 24, convicted of second-degree murder and child abuse, claimed she never considered abortion or adoption because she didn’t believe her family would have allowed her to do either, even though she was an adult.

Erich-Smith said she’s had several clients who have hidden their pregnancies by wearing baggy clothes, as Ortiz did.

Many pregnant minors aren’t aware that the law says they can make decisions about their babies that their parents can’t override even though they aren’t adults, said Peggy Schulze, adoption services manager for Chrysalis House Inc., a Fresno-based adoption agency.

Still, even with the law on the minor parents’ side, some still give in to family and peer pressure in deciding whether to keep their babies, Erich-Smith said.

Adding to the pressure on young parents is the belief that once they arrange an adoption, they never will see their children again, Schulze said. “It just doesn’t seem a positive choice.”

But that’s not necessarily true, as those sorts of “closed adoptions” aren’t the only options available, she said.

“A closed adoption is where [a mother] may or may not choose the adoptive parents, but there is no identifying information exchanged, there is no contact after placement. That is very, very rare now. Most women don’t choose closed adoption,” Schulze explained. “Most women want to know how their child is doing down the road. They want updates. They want pictures, and we explain to them they have this right.”

As such, the birth mother — and the baby’s father, if he chooses to be involved — have options ranging from periodically receiving photos and updates on the child to having occasional visits with the child to becoming extended family, depending on the agreement made with the adoptive family, Schulze and Erich-Smith said.

In addition, the birth parents can set guidelines for choosing the adoptive parents, including religion, race and whether there already are other children in a household.

In adoptions arranged by lawyers and adoption agencies, mothers can choose to meet with potential adoptive parents and pick who will get their babies.

If birth parents don’t want to deal with a lawyer or private adoption agency, the county’s Health and Human Services Agency also has an adoption unit, said Kathleen Trevino, the agency’s adoption team leader.

“They can give us some parameters [for selecting adoptive parents], but a lot of our families aren’t looking to do open adoptions like the private agencies,” she said.

Health and Human Services doesn’t have as extensive a list of people looking to adopt as adoption lawyers and adoption agencies may have, Trevino added.

Parents working to adopt their children through the county would have to surrender those children to the county through a relinquishment process that can begin before the child is born but can’t be finalized until after the birth and the mother has been released from the hospital.

Adoption lawyers and adoption agencies may offer counseling to the birth mothers and fathers before and after the adoptions, and Trevino said her office’s social workers can provide counseling or refer the parents to Tulare County Mental Health Services if they need more extensive treatment.

Newborns given up through California’s Safe Surrender Program also may be put up for adoption, though parents have a 14-day cooling period to change their minds and reclaim their children. After the 14 days, parent may still be able to regain custody of their surrendered children once authorities determine they are fit to care for them.

In some cases, parents may not have choices about adoptions if their children are removed from their custody because of abuse or neglect.

“In most cases, we try unification” to bring the families back together, which may involve parenting classes, substance-abuse counseling or the resolution of the situations that resulted in the children being removed, said Charlotte Wittig, a Tulare County Superior Court commissioner whose duties include overseeing adoptions of children who have become county dependents.

In the year ended last June 30, 123 children who were county dependents were adopted, down from 204 in the previous year, according to Health and Human Services records. Since July 1, 70 county dependents have had their adoptions finalized.

By David Castellon with Visalia Times-Delta and Tulare Advance-Register

For more information about adoption…

By LISA BELKIN

Whenever the subject here is adoption readers point out that while the difficult cases make the news, most adoptive families are happy and most adopted children are healthy and well-adjusted.

Today is the final day of National Adoption Month, and a fitting time to take a look at the report “Adoption USA: A Chartbook Based on the 2007 National Survey of Adoptive Parents” which was released recently by the Department of Health and Human Services. Based on interviews with parents of 91,642 adopted children, its authors describe the report as “the first ever survey to provide representative information about the characteristics, adoption experiences, and well-being of adopted children and their families in the United States.”

Among its findings: the overwhelming majority of families whose children came to them through adoption are doing just fine.

Eighty-five percent of the children are described as being in “excellent or very good health”, the same as the general population. Eighty-one percent of the parents described their relationships with their child as “very warm and close,” while 42 percent say those relationships are “better than ever expected,” and only 15 percent say they are “more difficult” than they had expected.

In some categories adopted children can be considered measurably better off than the average American child.They are, for instance, more likely to be read to daily when they are younger (68 compared with 48 percent), to be sung to or told stories every day (73 compared with 59 percent), or to participate in extracurricular activities as school-age children (85 compared with 81 percent).

That does not mean that there are not bumps and difficulties on the adoption path. While only the minority of adopted children have “special health care needs” (39 percent) or “moderate to severe health difficulties” (26 percent), or a diagnosis of asthma (19 percent) these are all higher numbers than those of the general population (which are 19 percent, 10 percent and 13 percent.)

Similarly, while “only a small minority of adopted children have ever been diagnosed with disorders such as attachment disorder, depression, attention deficit disorder or attention deficit/hyperactivity disorder, or behavior or conduct disorder,” the report says, the percentage of each of these appears higher in the subset of adoptive children than in the general population. (There are no statistics on the prevalence of attachment disorder in the general population, but 12 percent of parents of adoptive children report such a diagnosis; while 4 percent of the general population of children have been diagnosed with severe to moderate A.D.H.D., 14 percent of adopted children have; the statistics for “behavior or conduct problems” is 2 percent vs. 8 percent, while reported “problems with social behaviors is 9 percent vs. 14 percent. All these problems are more prevalent in children who were adopted out of foster care than in those adopted internationally or privately.)

As so many of you have said on this subject, no one case represents the whole of adoption. On the flip side, statistics like these can paint a large scale picture, but not capture the truth of your particular family.

Do these numbers ring true to you? Do you find them reassuring or worrisome?

For additional information regarding the adoption process…

It was nearing dusk on the first Sunday of last December when a young woman carrying a newborn walked through the automatic sliding doors of Whidden Memorial Hospital in Everett and told a desk clerk in a calm voice: I can’t take care of the baby. I’m leaving her here.

The clerk called the emergency room. Linda Fuller, a veteran secretary, came out first, her heart racing. She knew about the state’s relatively new Safe Haven law, but had never been part of any dropoff.

Without hesitation, the woman, who seemed in her early 20s, handed the infant over to Fuller. She said the baby girl, who had hazel eyes and blond hair and was swaddled in a blue blanket, was less than two days old. Before Fuller could ask more questions, the woman turned and left through the same sliding doors.

“She seemed very resolved,’’ Fuller recalled.

The baby would later be given a tiny ankle hospital bracelet, which read: “Doe, Jane. Homeless.’’

Massachusetts was slow to embrace the idea of anonymous drop-offs for desperate mothers. When it passed the Safe Haven law five years ago, it was the 47th state to adopt such a statute. Critics expressed concerns it would legalize child abandonment, and that these babies would never know their biological origins because no answers were required from parents. On that December day, Baby Jane Doe lost virtually any chance of knowing her past as soon as the woman – referred to legally as the “Unknown Mother’’ – left the hospital.

But if the primary goal is to save babies from being left in dumpsters or on doorsteps – and to give these children a second chance through adoption – recent statistics suggest the law has made a difference.

Baby Jane Doe is one of 12 babies so far who have been surrendered under the law, which permits a parent to anonymously drop off any infant under a week old to any hospital, police station, or fire station, without legal repercussions. Most mothers have chosen hospitals as the refuge for their babies, and some have even been convinced by counselors from the 24-hour Safe Haven hotline (866-814-SAFE) to give birth anonymously in a hospital, rather than at home, to ensure a safe delivery.

Safe Haven officials said most of the mothers who have given up their newborns had contacted the hotline at least once with questions before they surrendered their babies.

The mother of Baby Jane Doe took good care of the newborn in the baby’s earliest days.

The preliminary assessment by the Whidden medical staff around 4 p.m. on Dec. 7 showed the baby girl was in robust health: She weighed about 7 pounds, showed strong vital signs, and was clean and well-nourished. The baby showed no signs of abuse or sickness.

Because Whidden Memorial had no pediatric or maternity wards, the newborn was transferred by ambulance that evening to Cambridge Hospital’s pediatrics ward. There, she was given tests to rule out drugs, alcohol or other foreign substances in her system. All came back negative.

Based on the age of the umbilical cord, the staff believed the mother delivered at home, and probably within four or five days – as opposed to one or two, as they were initially told.

“The baby looked beautiful and healthy,’’ said Dr. Assaad Sayah, chief of emergency medicine for the Cambridge Health Alliance, which oversees the Whidden and Cambridge Hospitals.

On Monday, the day after Baby Jane Doe was dropped off, the adoption supervisor for the Cambridge office of the Massachusetts Department of Children and Families, Ann Beck, arrived at her office to hear the news from colleagues. As required by law, hospital staff had called the agency to announce a new Safe Haven baby.

She was the 11th baby left under the law, and Beck’s second experience with such a case. Compared with the emotional and legal complexities of virtually every case in her office, Safe Haven baby cases are relatively simple. The biological parents are unknown, so the legal process of “terminating parental rights’’ proceeds like a formality. And babies – particularly healthy ones – are easy to place. Right away, they dispensed with the need for temporary foster parents.

“From the very beginning, you’re looking for a long-term permanent home,’’ Beck later said.

Amid the hundreds of files in her office, Beck instantly thought of one couple.

Irene Kasper, 46, worked as a cashier for an area municipality, and her husband, James, 51, was a landscaper. They were married four years ago. Given their age, they decided against having a child of their own, and went through the state’s training program to become adoptive parents. Adoption had special meaning to them too: James, as an infant, had been adopted through Catholic Charities. They initially told social workers that, given that they would be older parents, they preferred a child between the ages of 2 and 6.

In late October 2008, the state had placed a 2-year-old girl into their home for possible adoption. The couple was immediately drawn to the high-energy toddler. But after only two days, the child’s uncle surfaced seemingly out of nowhere, offering to take his niece. Almost as quickly as the girl arrived, the child was plucked from the Kasper’s home.

The couple was devastated, though they understood the priority given to relatives. Social workers felt badly for the Kaspers, and noted the compassion they showed.

“They understood, even though it hurt,’’ Beck said.

Irene Kasper was at her office desk going over paperwork when her telephone rang.

“We have a newborn who was dropped off,’’ said a social worker from Beck’s office just hours after they heard about Baby Jane Doe. “Would you be interested?’’

Irene was taken aback. She never thought the agency would offer a newborn to her and her husband, given their age. The social worker suggested the couple may want to visit the baby, who was on the fifth floor of Cambridge Hospital.

When Irene and James saw the baby, they were smitten. The girl seemed calm in her bassinet, her complexion rosy and healthy. Irene snapped a picture with her cellphone.

The next day, barely able to contain her excitement, Irene phoned the social worker: “We are very much interested in that baby.’’

Baby Jane Doe would remain at the hospital another four nights for observation. Each night, Irene came after work to give the baby a bottle, change her diapers, and hold her in the rocking chair.

As soon as the couple brought the girl home, they decided she looked Irish and should have a typical Irish name, so they called her Caitlyn Rose. Irene is Portuguese on her father’s side, but Irish on her mother’s. Within two weeks, Caitlyn began sleeping through the night, her favorite mobile whirring and playing lullabies above her. The girl adjusted well to a family day care run by a friend of Irene’s.

In the months ahead, as Caitlyn began sitting up, playing with her rattle, and eating solid foods, the joy the couple felt was tempered by anxieties born of their recent past. They didn’t want to risk losing her if the mother suddenly reappeared. For this very reason, the couple had been discreet about revealing to others where they live.

They couldn’t bear the idea of life without the infant who was now calling them “Mama’’ and “Dada.’’

As they prepared for a Thanksgiving feast with family and friends this month, the Kaspers had an important date on their calendar: the Nov. 20 finalization of their adoption of their girl in Middlesex Juvenile Court in Cambridge, the same courthouse where James had been adopted as an infant. This was a big day for the couple because it would erase all their insecurities with one simple word – that the adoption would be “irrevocable.’’

The date happened to be National Adoption Day, and so they appeared in court with scores of other families, as well as state dignitaries. As Governor Deval Patrick, DCF Commissioner Anthony “Angelo’’ McClain, and judges gave prepared remarks to a packed audience, little Caitlyn rested on her father’s shoulder, wearing a black and pink dress and patent-leather Mary Jane shoes. When the song “We are Family’’ began playing over the loudspeakers, James lifted his hand to Caitlyn’s – and they did a high-five.

After a lengthy wait, the Kaspers were called to Courtroom Three. After Judge Gwendolyn Tyre reviewed the legal paperwork involving “Baby Jane Doe,’’ she turned to the couple holding their baby.

“The child’s name is now changed to Caitlyn Rose Kasper,’’ the judge declared to the smiling couple. “This adoption is final and irrevocable.’’

Elated that Caitlyn is now legally theirs, Irene and James said they know their daughter will someday be curious about her past. Irene has a special box where she keeps memories for Caitlyn – including the Winnie the Pooh outfit and white cap that she wore on the day she was dropped off.

James has felt the void of not knowing about his genetic past; he grew up without any information about his birth parents. When Caitlyn is old enough to understand, they plan to pay tribute to the woman who took loving care of Caitlyn in her earliest days, and then made an agonizing decision.

Irene has already thought about what she will eventually tell Caitlyn about the biological mother who walked out the automatic doors of that Everertt hospital.

“I give her all the credit in the world for what she did,’’ Irene said. “She took great care of this girl.’’

Patricia Wen can be reached at wen@globe.com

© Copyright 2009 Globe Newspaper Company.

If you have additional questions regarding safe haven law…

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.

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.”

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…

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 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.

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.

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.

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.

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.

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

· 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.

Why a Will
No one should be without a will. A will simply put spells out your wishes. It reflects how you want your assets distributed. Without a will, the probate court will make decisions regarding who is in control and the State of Ohio decides who gets what. With a will you can control when a minor gets a hold of their inheritance only until the age of 21.

Many times clients with few assets think they don’t need a will. This isn’t the case. Regardless of how much you have, if you have minor children you must have a will. A will is critical to name a guardian if both parents are unable to raise the kids. If you have neglected to name a guardian in your will then you are at the mercy of the court to appoint someone. It’s wise to get approval from your potential guardian and to also name an alternate guardian.

Why a Trust
A trust can offer different benefits. A trust should be created when one wants to hold back their assets and distribute them over time. When setting up a trust you will need to select a trustee. Instructions are written that specify how the trustee holds and manages the assets and then gives them away over time. With a trust you can control money for a child beyond the age of 21 or keep the money in your bloodline after your death rather than having it end up with a child’s spouse should the child die or divorce. A trust can also provide a lifetime use of assets and ensure property stay within a family.

Will vs. Trust
Both wills and trusts are valuable estate planning documents. In fact in all cases when someone has a trust they also need a will to ensure if the trust is not completely funded the assets in the will pour over into the trust. But there are also minor distinctions that can make one or the other a better option in particular situations.

Probate – In most cases, wills must go through the formal probate process. Most wills are handled within 3 to 9 months, but if an estate is large, complex or contested your heirs can face a complicated process lasting several years. And in most cases, beneficiaries won’t receive their inheritance until after probate is concluded. If you have successfully transferred all your assets to your trust, probate can be avoided. That means decisions regarding assets aren’t held up nor are payments to beneficiaries.

Privacy – Once a will is probated, it becomes public record. The will’s terms and assets are revealed. If a trust is properly funded, it’s more likely your privacy will be maintained and you can transfer property without public scrutiny. The terms of a trust and the assets are typically not public knowledge.

Expense – In general, trusts cost more than wills to create. But the savings can be offset by the potential expense of probate. In addition, when an estate is probated, “statutory “fees are paid. Those are calculated based on the size of the estate.

Ease – Upon proper execution of a will, the job is complete. Careful administration of a trust over one’s lifetime is a bit more involved.

Taxes – With a trust one can reduce or avoid the effect of Federal Estate Taxes. In 2008, assets up to $2-million dollars are exempt from Federal Estate Taxes. With a carefully constructed Living Marital-Family Trust, you can effectively “shield” up to $4-million dollars for your heirs and avoid Federal Estate Taxes.

Many attorneys will advise their clients to choose between a will and trust based simply on the value of their estate. In Ohio if your estate is valued at less than $35,000 you can be relieved from full probate administration. Then a will should suffice.

Ultimately though, everyone’s circumstances are different. A consultation with a probate/estate planning attorney may be the best way to determine how to leave your loved ones what you have. And in the end, you can’t put a price on peace of mind.

WHY SHOULD I HAVE ESTATE PLANNING DOCUMENTS FOR PETS?
People often assume they will outlive their pets or if they don’t that a friend or loved one will take care of their animal. However, that’s doesn’t always happen. When people fail to provide for their pets the animal’s future will be uncertain. With appropriate estate planning documents in place you can avoid such a situation.

WHAT CAN HAPPEN IF I DON’T MAKE ADVANCE PROVISIONS?
If a family member of friend is unwilling to take your animal in, your pet could end up a stray or be placed in an animal shelter where depending on the individual circumstances it could possibly be adopted or euthanized.

WHAT CAN I DO TO SPELL OUT MY WISHES?
The best way to be certain your wishes are known is to make formal arrangements for the care of your animal. Such arrangements can include a special will, trust, or other documents. These documents should detail who will care for your pet and how the money will be provided to pay for this care.

IF I HAVE A WILL THAT MAKES PROVISION FOR MY PET, DO I NEED A TRUST?
Yes. A trust can start providing for a pet immediately. A will cannot. In addition, a trust can also be used if you are ill or incapacitated.

HOW DOES A PET TRUST WORK?
A pet trust works the same way a trust works for people: Money is set aside to provide for the pet’s care while trustees are selected to oversee the funds.

WHO SHOULD I DESIGNATE AS LEGAL CAREGIVER?
Choose someone you trust and who you are confident has good, common sense. Most people select a partner, adult child, parent, sibling or friend. A potential caregiver who has met your pet and has cared for their own pet is also a plus.

DO I NEED ALTERNATE CAREGIVERS?
Yes, alternate caregivers are a good idea in case your first choice is unable or doesn’t want to care for your pet.

CAN FAMILY MEMBERS/BENEFICIARIES CHALLENGE THE CAREGIVER?
Yes, but legal disputes can be avoided or minimized if you have a carefully thought out will and trust in place.

SHOULD I DISCUSS MY EXPECTATIONS?
Absolutely. You need to discuss your expectations with the potential caregiver so they understand the responsibility of caring for your pet. But, remember the new owner will ultimately be making all decisions involving your animal’s care-so select an individual you trust fully to do what is in your animal’s best interest.

WHO SHOULD I GIVE INSTRUCTIONS/COPIES TO?
After the will and/or trust are created, leave copies with the people you have chosen to be executors/trustees of your estate, as well as the pet’s designated caregivers. This way the caregivers can start caring for your pet as soon as possible.

CAN ANY ATTORNEY DRAFT A WILL/TRUST MAKING PROVISIONS FOR MY PETS?
It is best to use an attorney who regularly drafts wills, trusts, and estate plans. They are more likely to be familiar with the laws regarding such documents for pets and can ensure that your documents are drawn up in the most concise and clear manner so your wishes are followed.

HOW DO I FIND AN ATTORNEY TO DRAFT A WILL/TRUST MAKING PROVISIONS FOR MY PETS?
The State bar association can likely refer you to a lawyer who does such work. In addition, ask the lawyer if he or she has done this kind of work before and is familiar with it. Your local humane society may have a referral list as well.

Have disputes about disposing of bodies been on the rise in Ohio? If so, why?
It is increasingly common for more than one family to have an interest in funeral arrangements when someone dies. Upon a death, a second spouse and children from a first marriage may not agree on these arrangements. If the deceased’s wishes are not spelled out in a legal document, this can lead to a court battle.

What are some of the funeral issues that lead to court battles?
There may be disputes about what type of religious observance, if any, should be performed, where the deceased should be buried, or whether the deceased would have preferred cremation over burial.

How does Ohio law address potential conflicts?
House Bill 426 authorizes individuals to name a person in a written document that meets certain requirements to make their funeral, burial or cremation arrangements. Section 2108.72 of the Ohio Revised Code (ORC) includes these requirements and a specially designed form that can be used specifically for this purpose.

Assuming these requirements are met, a will also may include such an authorization. Be aware, though, that a standard will must be adapted to meet these requirements. Also, people often wait until several days after the funeral to consult a will. If an appointment of an agent with right of disposition is included within a will, close relatives or friends should be informed about the appointment when the will is drafted.

What happens if a person fails to name anyone in a document?
This Ohio law also says that, if a person fails to take this step, then a prioritized list of individuals will be authorized to make such decisions. The first person with such authority is the decedent’s surviving spouse. If there is no spouse, then authority falls, in order, to: adult children, parents, siblings, grandparents, lineal descendents (children, etc.) of grandparents, the person’s guardian, or, finally, to a person willing to accept the responsibility (such as a clergyperson).

Are there any safeguards in place in case the person designated to make such arrangements is no longer the “appropriate person” to do so?
If the person designated to make the funeral arrangements is being charged with murder, manslaughter or domestic violence related to the death of the deceased, then he or she is disqualified. A person may be disqualified if a divorce action is pending at the time of death. The probate court also can step in if the designated person is estranged from the decedent at the time of death.

Does the law allow a person designated as having the right of disposition to make any other decisions after someone has died?
Yes. House Bill 426 gives the designated person the authority to consent to an autopsy or postmortem examination on the deceased person’s behalf.

Can an individual designate a group of persons rather than one person to make decisions?
Yes. A group of persons may be authorized. If the persons in the group or class disagree, however, the decisions of the majority prevail. If, after reasonable efforts, not all of those in the group or class have been located, the decisions of the majority of those who have been located prevail. If a majority of the persons cannot reach a decision, an interested party can ask the probate court to step in. The probate court of the county in which the declarant or deceased person lived at the time of death then decides who should have authority to make a decision after considering the same criteria as when the court assigns a statutory right of disposition.

What criteria does the court consider in deciding whether a particular person should be given authority to make funeral decisions?

The court considers:

• whether the evidence demonstrates a close personal relationship between the deceased and the person(s) seeking authority to make decisions;
• the reasonableness and practicality of that person’s plans for the deceased person’s funeral, burial, cremation or final disposition;
• the willingness of the person to assume responsibility to pay for the funeral;
• the convenience and needs of other family members and friends wishing to pay their final respects; and
• the express written desires of the declarant or deceased person.

What happens if the baby is born with birth defects and the adoptive parents change their mind?
Birth parents should discuss this possibility and come to some agreement with the prospective adoptive parents before the baby is born. If the adoptive parents change their minds, the birth mother should have an alternative plan or perhaps a back-up adoptive couple. The birth mother is responsible until she can find an adoptive couple. In some cases, an agency may take over and keep the baby until a couple can be found. If the baby dies, the birth parent would be responsible for the baby’s expenses and for decisions about medical treatment and life support issues before adoption is finalized.

Why do some babies go into foster care before they go to adoptive parents?
Some babies got into foster care because birth parents need more time to think about their decision. Sometimes adoption agencies place babies into foster care so that they can have more time to terminate birth parents’ rights.

If the child were to go into foster care, how long would he or she be there?
When a private attorney handles the adoption, the child usually does not go into foster care unless the birth parent wishes. Generally, with attorney-handled adoptions, the child is placed as soon as possible after 72 hours have passed. Agencies are also eager to place the child as soon as possible, but may require more time to terminate the birth parents’ rights. Some agency adoptions may take 30 to 45 days. If there is no alternative, the child may be placed in foster care for that length of time until the child can be placed with adoptive parents.

If the child’s adoptive parents are suddenly killed not long after the child is placed but before the adoption has been finalized, who would be responsible for raising the child?
If the adoption has not been finalized, the birth parents may be contacted and offered the option of parenting the child, but the birth parents are not obligated to do so. When a birth parent places a child with an agency, the agency “holds title” to the child until an adoption is finalized. If the adoptive couple is suddenly killed before the adoption is finalized, the agency may simply choose another adoptive couple to care for the child. The agency does not have to consult with or get the birth parents’ permission again.

If the adoption has been finalized before the adoptive parents are killed, then, in the eyes of the law, the child would be treated as any other child whose parents have died, and would be cared for according to the wishes of the adoptive parents as set down in a Will. If there is no Will, any adult family member or relative could become the guardian of the child.

What happens if the birth father opposes the adoption?
The birth father first must register with the Ohio Putative Father Registry that is maintained by the Ohio Department of Job and Family Services within 30 days after the birth of the child. Also, he must file a formal objection to the adoption in court and be prepared to offer an alternative parenting plan. The birth father should hire an attorney to represent him.

What if the grandparents (parents of a birth parent) oppose the adoption?
The child’s grandparents cannot prevent a birth parent from following through with an adoption plan, even if the birth parent is a minor.

Do a minor birth parent’s parents have to sign papers in order for the birth parent to place the child for adoption?
No. However, some courts may require parental consent as a policy if the birth parent is 12 years old or younger. Otherwise, the consent of a minor in adoption cases is treated as though it were made by an adult under Ohio law.

Will the birth parent have to go to court to sign adoption placement papers?
Not necessarily. If the adoption is being handled by a private attorney, the papers must be signed in the presence of a probate court judge or magistrate. Because the court understands that adoption can be a very traumatic experience especially after having given birth, judges and magistrates handle the situation and questioning with empathy and compassion. On a rare occasion, the judge or magistrate will go to the hospital.

Otherwise, the court will wait until the birth parent is discharged from the hospital. The birth parent will have an attorney who can explain birth parents’ rights, and the probate court judge or magistrate can also provide explanations. With agency placements, the signing of adoption papers generally takes place at the agency office, but may take place in probate court as an extra precaution. Because adoption is such an important and permanent decision, it is highly desirable for an attorney to be involved when the birth parents sign the adoption papers, regardless of where the papers are signed.

If the birth parent goes to court, when will this take place?
A birth parent goes to court to sign the papers no sooner than 72 hours after the birth of the child and after having met with a social worker or assessor. If it’s an agency adoption, the birth parent may sign the papers at the agency office. It may be more prudent, however, to go through the court where a judge or magistrate is available to answer any legal questions the birth parent may have before the papers are signed.

Once a birth parent signs the adoption papers, can she change her mind?
A birth parent can try to withdraw consent to the adoption before the Interlocutory Order (usually 30-45 days after the child is placed in the adoptive home) or before the Final Decree goes into effect, which is six months after placement. To exercise this right to withdraw consent, a birth parent must present clear and convincing evidence that the “best interests of the child” have changed. A birth parent may also contest the adoption within one year after the Final Decree, if the birth parent can show that the adoption placement was based on “gross error or fraud.” However, attempts to withdraw consent or to contest an adoption are almost never successful.

Will the birth mother be able to see the baby in the hospital and/or visit with the baby elsewhere before signing the adoption papers?
Yes. The birth mother may see her baby as much as she wishes while the baby is in the hospital. She may also visit the child, wherever the child is, as much as she wishes before signing the papers.

Are the birth father, grandparents, etc., allowed to see the baby?
Yes, but only if the birth mother wishes. Before the papers are signed, only the mother has legal rights, not the father.

Can a birth parent name the baby, and will the adoptive parents keep that name?
A birth parent may name the baby on the original birth certificate, and a birth parent has a right to receive a copy of the original birth certificate. However, the adoptive parents are not required to keep the same name. The birth mother may allow the birth father to sign the original birth certificate and participate in naming the child.

May a birth parent have a picture of her baby?
The birth parent may order the hospital portraits. Also, adoptive parents are encouraged to provide status letters and photos to birth parents on a regular basis. However, Ohio law cannot force them to do so.

What may a birth parent send with the child (gifts, letters, books, etc.) and can the birth parent have the assurance that the child will receive these items?
Birth parents may pass such items to the adoptive couple through the adoption attorney or agency, although they cannot force adoptive parents to pass them along to the child. The birth parents may put together a scrap book with the birth family pictures to pass on to the child.

How long does it take to have an adoption completed after the child’s birth?
A legal placement of the child cannot take place until 72 hours after the birth of the child. The placement hearing usually takes 30 to 45 minutes.

What if the adoptive parents are from one state, but the birth parents are from another state?
Adoption attorneys as well as adoption agencies must obtain proper approval from the Interstate Compact for the Placement of Children. Make sure your attorney is skilled in interstate adoptions. Check with your local bar association for a referral, and ask the attorney about the number and frequency of the interstate adoptions he or she has handled.

Who pays for the birth parent’s medical costs?
All medical costs are completely covered by the adoptive parents whether through an agency or a private attorney. The birth mother’s or adoptive parents’ insurance may be used if available.

What expenses are allowed to be paid by the adoptive parents?
Under Ohio law, only the following expenses can be paid: medical expenses; counseling; attorney fees; and court costs. Gifts and/or incentives are illegal and cannot be provided.

What should birth parents know when working with a private adoption agency?
Birth parents who choose to work with a private adoption agency should understand that private agencies take the birth parents’ consent and permanent surrender of the child outside of court. Usually, the surrender takes place at the agency office, and often no attorneys are present. If no one is representing the birth parents or the adoptive parents, and no judge is overseeing the adoption process, problems may occur and the adoption may be overturned. To reduce this risk when working through a private agency, birth parents should take care to choose the agency wisely and make sure they have attorney representation.

How have these changes helped to decrease the amount of time a child waits for adoption?
Before the new law went into effect, courts often found a child to be “dependent” on the state, but did not explain the reason. Since the reason was unclear, extra time had to be spent in finding appropriate placements for children. Now, if a court finds the child to be dependent, the court must give a reason.

An agency once had to wait six months to file a motion for permanent custody of a dependent, abused, neglected, unruly or delinquent child who had been in its temporary custody. Since House Bill 419 was signed into law, the agency no longer has to wait six months, but may file at any time. Since an agency must have permanent custody of a child before that child can be placed for adoption, the total time spent waiting for adoption can be decreased.

Juvenile courts must now decide how to deal with motions for permanent custody and record their decisions within 200 days of the time the motions were filed. Before, there was no requirement for permanent custody matters to be heard in court within a certain time frame.

A six-month waiting period is required before an adoption can be finalized. Now, if a child is being adopted by a foster parent or relative with whom he or she has already been living, then the time the child has spent in foster care applies toward the six-month waiting period.

Who is allowed to have adoption information?
House Bill 419 allows the adoptee, adoptive parents, and the birth parents to receive “non-identifying” information from an agency, probate court, or an attorney. (Non-identifying information might include a first name and some background or medical details, but would not include a last name, address, phone number, or Social Security number).

Also, agencies and attorneys are now permitted to review their own adoption files for administrative purposes, without having to obtain a court order.

At the time a child is surrendered for adoption, the birth parent may complete a form developed by Human Services to allow identifying information to be released to the adoptive child. This information is kept at the Health Department, and the birth parent may file a form as often as she wishes stating whether or not identifying information should be released to the child.

The Health Department may now help a birth parent to find an adopted child after that adoptee has reached 25 years of age if the child asks the Health Department to assist the birth parent.

Birth parents who have had their parental rights terminated by a juvenile court because of abuse or neglect may not receive identifying information about a birth child through the Health Department.

What’s the first step in the home study process?
You must complete a Pre-placement Application and list five references. These individuals should be unrelated and capable of expressing opinions about your ability to be adoptive parents. The completed application should be signed only in the presence of a notary public. You should also collect five letters of recommendation, preferably from individuals not listed on the Pre-placement Application. These letters should provide information such as how long the references have known you, why you would make good parents, and how you relate to children.

Must we have a medical exam?
Yes. The probate court requires you, your spouse, and any other household members to have had physical exams within the past year (from the time the pre-placement application is filed). Every adult and child in your household must obtain either a letter or completed medical form from a physician regarding his or her health or undergo a physical exam.

Does Ohio law require us to have a criminal background check?
Yes, for you, your spouse and any other adult household member. The Bureau of Criminal Identification and Investigation (BCII) requires that all requests for Ohio civilian background checks be submitted electronically through the use of WebCheck or other approved methods. It will take approximately 30 days to get results. You may go to the location nearest you to have your fingerprints scanned. These locations are listed by county on the Ohio Attorney General’s Web site at: http://www.webcheck.ag.state.oh.us/webcheckcommunity.htm.

Does the court require any other documentation?
Yes. You also must complete a Residency Certification form, stating the length of time you have lived in Ohio. Your attorney or agency representative must file this form, as well as the other documentation mentioned above, with the probate court. The court social worker will review the documents and then contact you to arrange a home study.

My spouse and I have lived in Ohio for only a year. Will we need more than an Ohio criminal background check?
Yes. If you or any of your adult household members have lived in Ohio for less than five years, you must also undergo a national criminal background search by the Federal Bureau of Investigation. Contact the BCII to obtain FBI fingerprint cards, have your local police station fingerprint you, then send a check for $24 per search and the fingerprint cards to the BCII. The BCII will, in turn, send the cards to the FBI, and will send the results to your attorney or agency when they are returned from the FBI. The BCII will then return all your reports to your attorney or agency representative in approximately six to eight weeks.

What kinds of criminal convictions might keep us from adopting a child?
Convictions for felonies, drug offenses, or sex-related charges may keep you from adopting a child, even if these convictions have been expunged.

What happens during the home study?
The court social worker will conduct a personal interview with you and your spouse and/or other household members and review your pre-placement application to determine whether you meet the minimum standards established under Ohio law to provide a suitable home for a child.

Is there a follow-up home visit?
Yes. The court social worker will return to interview the family after the child is placed in the home in order to determine whether finalizing the adoption is in the child’s best interests.

How much can a birth parent know about adoptive parents, such as occupation, age, how long the couple has been waiting for a child, why the wait, etc.?
The birth parent may ask these questions, and adoptive parents can provide as much non-identifying or identifying information as they find personally acceptable, but they are not legally obligated to provide any information.

May a birth parent choose an adoptive couple based upon their religious affiliation?
A birth parent may review prospective adoptive couples and may select a couple based on religious affiliation. The birth parent can hope that the child is raised in a religious environment, but the law cannot force adoptive parents to practice a certain faith.

What is an open adoption?
An open adoption is one where all parties have complete identifying information about one another. Birth parents and adoptive parents must agree to the open adoption; none of the parties can be forced to provide complete information. A semi-open adoption involves an exchange of non-identifying information.

Can a birth parent ask that the adoptive files be sealed?
Adoption records are automatically sealed until the adopted child reaches the age of 21. Birth parents can refuse to allow adoption information to be released, or they can file a Release of Information allowing the records to be opened when the child reaches adulthood. If the adopted child is between 18 and 21 years of age, the information is released, upon request, to the adoptive parent. If the adopted child is 21 years of age or older, the information is released to the adopted child directly. It is always possible that new legislation might change the age restriction, so birth parents should keep abreast of the current laws.

Will the adopted child be able to get information about the birth parent from the adoptive parents?
Yes, if the adoptive parents choose to share this information. Otherwise the child may have to wait until he or she is 21 years of age and the birth parents have filed a release with the Bureau of Vital Statistics.

What, exactly, does the birth parent’s adoption file contain and who has access to it?
Generally, the file contains a copy of all social/medical information and legal pleadings. Only the attorney or agency handling the adoption and the birth parent have access to the file.

If an adopted child decides, at some point, to search for the birth parent, will the adoption agency or attorney contact the birth parent before the child does?
This can be done if the birth parent wishes. The birth parent should make this wish known to the adoption agency or attorney.

May a birth parent write the adoptive parents a letter explaining the reasons for placing the child for adoption, and will the birth parent be assured that the adoptive couple will receive and read it, and share it with the child at an appropriate time?
A birth parent may write such a letter, and hope that the adoptive parents will share the letter with the child. While adoptive parents cannot be forced to read such a letter or share it with the child, they may appreciate the option.

Will the adopted child be able to find the birth parent if he/she decides to search?
Usually, the child will only be able to find a birth parent who wants to be found. Under current Ohio law, birth parents must file a Release of Information with the Bureau of Vital Statistics, where they can indicate whether or not they want identifying information to be released.

I was adopted many years ago and now have children of my own. One of my children recently needed medical attention and I was required to provide medical history on my parents. How can I obtain my family medical history? I have no desire to know identifying information regarding my birth parents.
Contact the attorney, agency or probate court in the county where the adoption was finalized.

Can adoptive parents force a birth parent to disclose information under any circumstance?
Adoptive parents can force a birth parent to disclose information only with a court order stating that obtaining this information is medically necessary and in the child’s best interest.

What has been done to increase safety and standardize adoptions in Ohio?

Many changes have been made, including the following:

1. No training or experience had been required for those who conducted home studies to “check out” potential adoptive families. Now the law identifies who can conduct a home study and requires that these individuals be trained. In addition, a uniform home study process must be used for all adoptions in Ohio.
2. Before the new law was adopted, there was no requirement that birth parents receive information while they are making a decision about giving up their child for adoption. Now, birth parents must receive information about Ohio’s adoption laws, the adoption process, and must have access to counseling 72 hours before signing the surrender or consent for adoption.
3. Birth parents are required to appear before probate court when voluntarily surrendering their children for adoption through a private attorney.
4. While there had been no listing of the factors to be considered when a court makes an adoption decision based on the “best interest of the child,” H.B. 419 provides a list of factors. Also, the court is now allowed to make a determination about what is in the best interest of the child in cases of contested adoptions.
5. The law also requires that an adoption petition must now be filed with the court within 90 days of a child’s placement in an adoptive home.
6. Before, instances in which a child is conceived through an act of rape had not been addressed. The new law states that, if the child was conceived by rape, the father’s or the “putative” (presumed) father’s consent for the child’s adoption does not have to be obtained if he has been convicted of or has pled guilty to rape.
7. More common instances in which the birth mother simply does not know the whereabouts of the putative father are also addressed by the law. While there had been no set procedure for informing a man about the possible adoption of his natural child, the law now requires that a Putative Father Registry be established.

   A man who has reason to believe he may become or may already be the father of a child can add his name to the Putative Father Registry, which is confidential and not open to the public. When an adoption involves a putative father, the Registry is checked and the father can be located in this way to obtain consent for adoption. If the father adds his name to the Registry up to 30 days after the birth of his child, his consent must be obtained unless the Probate Court finds he has willfully abandoned or failed to care for and support the child. If the father does not register, his consent for adoption is not required.

8. A separate attorney must represent the birth parents and the adoptive parents in adoptive proceedings.
9. The new law requires the Ohio Department of Human Services to develop a standardized definition of a “special needs” child which applies to all Ohio adoptions. Before, each county operated under its own definition.
10. While there had been no clear state policy on “open” adoption, the new law defines open adoptions as strictly voluntary adoption agreements which are not enforceable and from which parties may withdraw at any time. With this new clarification in Ohio law, Ohio adoptive couples are losing fewer birth parents who might previously have chosen to place their children in out-of-state homes to obtain more open adoption options.
11. Birth parents must now be given copies of everything they sign having to do with surrendering their children for adoption.

What is an open adoption agreement?
Open adoption allows the birth parents to receive status letters and pictures on the progress of the adopted child. Some agreements even arrange for visits or phone calls. All of these agreements are purely voluntary and legally unenforceable.

What may be paid for or provided for birth parents?
Medical expenses, counseling, court costs and attorney fees. Everything must be approved by the Probate Court. Gifts or incentives are illegal and cannot be provided.

What are the birth parents’ rights or options if they change their minds and choose not to place their child for adoption?
Birth parents may change their minds prior to signing a consent to adopt (usually signed 72 hours after birth). They may opt instead for single parenting, or for giving a suitable adult guardianship or legal custody of the child, or for filing a parentage action in order to establish paternity and support obligations.

Can a birth parent name the baby on the original birth certificate?
Yes, the birth mother may do so, but after the adoption is finalized, the original birth certificate is sealed by the Bureau of Vital Statistics and can only be opened by court order. The birth father may add his name to the original birth certificate if the birth mother allows it. If the mother refuses and the father wishes to pursue the matter, he would have to initiate a Court action. A new birth certificate is created for the adoptive parents with the child’s new name. On occasion, the adoptive parents may agree to use the name chosen by the birth parents.

(Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association and the Ohio State Bar Foundation. This article was prepared by Thomas N. Taneff, a Columbus attorney who concentrates his practice in the area of adoption law and has served on the Ohio Adoption Commission. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.)

Friends of ours want to advertise in the newspaper for a child. Can they do this?
No. No one who is not certified by the Department of Job and Family Services may buy advertising for adoption purposes, nor may a person offer money or other inducements to parents to part with their children, or in any way knowingly become a party to the separation of a child from its parents or guardians, except through a juvenile court or probate court commitment. Whoever violates this law may be found guilty of a first-degree misdemeanor, which is a criminal offense.

What are our friends allowed to do to find potential birth parents?
Ohio law allows “targeted” or “identified” adoption referrals. For example, your friends may know a doctor, lawyer, clergy person, counselor, or other person who has learned about a birth mother seeking to place a child for adoption. Your friends may be able to adopt such a child. Keep in mind, however, that the birth parent may choose other adoptive parents. The birth parent’s wishes should be respected.

Another option for your friends is to network for adoption possibilities. For example, they may send letters, post-cards or e-mails to family, friends, and co-workers, letting them know of their interest in adoption, and asking informally for referrals, and encouraging them to pass the word.

Does every state allow adult adoptions? What does Ohio law say about adult adoptions?
Adult adoption is handled differently in every state. Some states only allow for adult adoptions if the person to be adopted is of diminished capacity. Other states require a spouse’s consent if the person to be adopted is married. Some states require only the consent of the adult parties involved, while other states, like Michigan and Nebraska, forbid adult adoption entirely.

Ohio law allows adults who are totally and permanently disabled or mentally retarded to be adopted. In addition, Ohio law permits adult adoption for any adult who has established a relationship with adoptive parents through a child-foster caregiver or child-stepparent relationship as a minor, assuming the adult child consents to the adoption. Generally, an adult may be adopted only if a child/foster-parent relationship was established when the person to be adopted (“adoptee”) was a minor child. If, however, the adoptee is totally and permanently disabled or determined to be mentally retarded, an exception may be made, assuming the relationship between the prospective adoptive parent and the adoptee can be shown to be a nurturing, parent/child type of relationship.

Does the procedure for adopting an adult differ from the procedure for adopting a minor child?
When adopting an adult, the prospective adoptive parent must prepare, sign and file a petition with the probate court. The court will then set a date for a final hearing, at which time it will make a determination about whether the adoption serves the best interests of the adoptee. Assuming the court approves the adoption, the court will order a new birth certificate for the adoptee.

Unlike the procedure used for the adoption of a minor child, the court generally will not require a home study in the case of an adult adoption; also, no waiting period is required before an adult adoption can be finalized.

What does the court consider before granting an adult adoption in Ohio?
Before granting an adult adoption in Ohio, the court must determine whether a child/foster-parent relationship existed while the person to be adopted was still a minor. To make such a determination, the court will look at the types of nurturing that was provided to the child, including the provision of emotional and financial support, food, shelter, discipline, guidance, education, religious training, medical care and love and affection.

Are adult adoptions permanent?
Yes. When a minor child is adopted, the changes that result are permanent. The same can be said for an adult adoption. As in any adoption, the existing relationship with the biological parents is severed. An adult adoption creates a new parent-child relationship. A new birth certificate is issued for the adopted person, showing the adoptive parents as the legal, birth parents. The last name of the adopted person also may be changed to that of the adoptive parents. The record involved in an adult adoption will be sealed according to the state’s laws, even though the parties involved are adults and are aware of the family details.

• the birth mother’s insurance if she is employed;
• the birth mother’s parents’ insurance if the birth mother is a minor or a student;
• the birth mother’s Aid to Dependent Children (ADC) coverage, if the birth mother is indigent;
• the child’s ADC coverage, if applicable (if the child is the ward of an agency and adoption is “targeted”);
• the birth mother’s Healthy Start coverage, if the birth mother’s income is low;
• your own health insurance, if your employer is covered by the Section 609 of the Employee Retirement Income Security Act (ERISA);
• your employer’s benefit programs, if they have adoption benefits;
• your 401K plan.

We think our insurance policy covers adopted children, but what about coverage for medical expenses before the adoption is finalized?
Most insurance policies provide coverage that goes into effect as of the date of the child’s placement with the adoptive parents. However, you should ask your insurance company whether coverage begins at birth or at placement. Insurance coverage for adopted children should cover all pre-existing conditions as of the date of placement. You should obtain verification of coverage in writing.

I understand the birth parent may be covered by Medicaid. Is that possible?
Yes. However, in some cases, the Department of Job and Family Services has denied or refused to cover expenses for a child placed for adoption. Also, hospitals have, in some cases, declined to accept Medicaid payment for adoption expenses. The theory behind these denials is that it is unfair to obligate Ohio taxpayers to pay for medical expenses associated with adoption. The reality, however, is that the hospital only gets paid at Medicaid rates.

How does coverage under ERISA work?
Any group health insurance plan that provides coverage for the dependent children of plan participants must also provide benefits to adopted children under the same terms and conditions that would apply to biological children. Coverage begins at the time of placement, which is defined as the time the prospective adoptive parents become financially responsible for the child. According to Ohio law, financial responsibility may begin at birth if an agreement to adopt the child exists. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) amended ERISA so that coverage no longer excludes government employees, but is now available to all adoptive families covered by group health plans as soon as those families assume financial responsibility for their adopted children. Group plans also must give employees the option of enrolling adopted children in the plans immediately, instead of waiting for an open enrollment period.

Might the birth parent be stuck with medical costs even though the baby is being placed for adoption?
On rare occasions, such as when an adoption opportunity comes up suddenly or unexpectedly, adoptive parents may receive a child before they have arranged for coverage of medical or legal costs by signing a fee agreement or posting a retainer (deposit) with their attorney. If, after receiving the child, the adoptive couple fails to pay these costs, creditors may begin trying to collect from the birth mother. If such a situation occurs, the birth parent’s attorney may advise her to consider other options, such as keeping the child or looking for another couple, if things cannot be worked out with the adoptive couple. Many probate courts will require the adoptive parents to pay for and be responsible for all of the adoptive child’s medical bills as well as those of the birth mother out of their own pockets because the birth mother is not a dependent of the adoptive parents and would not, therefore, be covered by their insurance.

How long is the international adoption process from start to finish?
The process can take anywhere from six months to two or more years, depending upon the particular country and upon the time clients take to gather the paperwork, time for referral of a child from the other country and the length of stay in other country. Also, countries can arbitrarily stop the adoption process, which adds unexpected wait time.

What must prospective adoptive parents do to adopt a child from another country?
The adoption must be approved at the state level (through a home study), at the federal level by the U.S. Immigration Office, and at the international level by the other country. Many of the same documents are needed for each level of approval, including: marriage certificate, divorce decree, current income tax return, employer letter, reference letter, local criminal record check, birth certificate, financial statements, fingerprints, medical reports, fire inspection report and child abuse clearance. The documents are compiled into a “dossier,” authenticated and translated, and then sent to the other country for approval.

Must the adopting parents travel to the child’s birth country and, if so, how long must they stay?
In most cases the adoptive parents must travel to the foreign country to adopt.

Depending upon the country, the length of stay varies. For example, China is a one-trip process that usually takes two weeks, while the one-trip stay in Guatemala may last from three days to two months, and the stay in Brazil is generally one month. Russia requires a two-trip process – an initial one-week trip and a second trip of ten days to two weeks.

How much does an international adoption cost?
Cost varies greatly, from about $11,000 to $32,000, which includes costs of dossier preparation, home study, U.S. Immigration application, agency and program costs and travel.

Are there any programs to help with the costs of an international adoption?
If your adjusted gross income is $155,860 or lower, the federal government allows you to subtract $10,930 of the adoption expenses per child from your total federal tax liability. This adoption tax credit is reduced for those with incomes of $155,860 to $195,860 and eliminated for those with incomes of more than $195,860. In addition to the federal tax credit, Ohio allows a one-time credit of $500 per child, with no income limit. Employers frequently offer help with adoption expenses, and adoption grants and loans also may be available (visit www.angelfire.com for information).

Are there any restrictions on the age and marital status of the adopting parents?
Yes, and they vary. For example, China requires the parents to be between the ages of 30 and 50, without history of cancer or serious illness, and single parent adoptions are restricted. Russia allows adoptions between the ages of 25 and 60; single women are permitted to adopt, but not single men. Single women, as well as single men, may adopt children from Guatemala and Brazil.

How do U.S. families learn about children who are available for international adoption?
First, officials in the other country usually match the child’s specific characteristics and needs with a family that has requested and been approved for those characteristics and needs. Then, the other county (e.g., China, Guatemala and Brazil) will send a photo or a video with medical information for the American family to review and approve before traveling to the other country. Since 2000, Russia law has forbidden any adoptive family from receiving information about a child until after the family has made an initial visit to Russia.

What is the legal status of the adopted child upon return to the United States?
Any child adopted legally by a U.S. citizen, and who lives permanently in the United States, automatically becomes a full (not just naturalized) U.S. citizen. Therefore, the child need not be re-adopted once the family returns to the United States.

Though citizenship is automatic, the family still must file the appropriate form with the U.S. Immigration in order to get proof of citizenship. Then, to get an official U.S. birth certificate for the child, the family must complete and file a simple form with the probate court in the jurisdiction where the family lives.

Can an international adoption be contested?
It is possible, but very unlikely that anyone will contest an international adoption. The United States will not qualify a child for entry into this country with only the consent of a birth parent. Rather, the child must be a “true orphan,” and must have both parents’ death certificates or proof that parental rights have been terminated.