Garnice Law PLLC provides knowledgeable and compassionate representation for adoptive parents and birth parents. Our Arizona lawyer takes great pride in providing personal attention in this sensitive area of law by making themselves readily accessible, and performing all services with great attention to detail and the highest degree of ethics. Domestic adoptions usually have a number of different parties involved in the process. Because of the unique nature of the adoption experience, for both the birthmother and the adoptive parents, our team places a great deal of emphasis on counseling and education for both parties.
For adoptive parents, we strongly encourage them to complete an adoption pre-placement home study with a licensed adoption agency serving their geographic area. In addition to confirming their fitness to parent, a pre-placement home study provides invaluable education regarding the adoption process, including the ongoing relationships involved in today’s open adoption settings. All adoptive parents must be certified by the court to adopt. For birthmothers, we place a strong emphasis on counseling, to assist with the multitude of emotions and decisions inherent in making a good adoption plan and then carrying it through to completion.
Stable loving families are always in the best interest of a child and we at Garnice Law PLLC are pleased to provide adoption services to help step-parents formalize their relationship with a step-child through adoption.
A step-parent adoption is not complicated and, in many cases, can be accomplished quickly. The only area of potential difficulty may be the first step: termination of parental rights of the non-participating/absentee birth parent.
It is usually the case that a step-parent who wishes to adopt a child has been filling a parental role for some time. The absent biological parent often has had no direct involvement or relationship with the child, and may or may not be paying child support.
The easiest way is if the absent parent will sign a document relinquishing his or her parental rights. Sometimes the request to relinquish parental rights is emotionally difficult and the biological parent may delay or need reassurance. Most often, however, the biological parent is in agreement with the step-parent adoption and signs the relinquishment papers with minimal delay. A step-parent adoption means the biological parent will no longer be responsible for paying child support.
If the biological parent is uncooperative, or their whereabouts are unknown, a hearing will need to be held to terminate that parent’s rights. Remaining steps include paperwork and a court appearance, and investigation by a family services agency. It is not as complicated as an independent or agency adoption.
The benefits to a child of being adopted by a step-parent are many. The step-parent now gains the ability to make decisions on behalf of the child regarding school, medical care, and other important life issues. The child can inherit from the step-parent, and vice versa. But the most important benefit is the security, sense of belonging, and love that the child and step-parent both gain from formalizing their relationship.
Scottsdale, Arizona Child Adoption FAQs
Q: Are any of our adoption expenses tax deductible?
In May 2001 the tax laws pertaining to the deductibility of adoption expenses were changed. The new law, which applies to adoptions which become “final” after December 31, 2001, provides for a $10,000.00 tax credit for “allowed” adoption expenses (doubling the previous credit of $5,000.00) in cases of independent and agency adoptions. It also raises from $75,000.00 to $150,000.00 the “adjusted gross income” base which must be met before phase out of the right to enjoy the full tax credit begins. The law also continues to apply to unsuccessful/failed adoptions. Among the other provisions of the revised law Congress eliminated the sunset provision on the old tax credit which would have caused the tax credit to expire in December 2001 and indexed the credit for inflation. The new law also increases the amount of money which employer may provide to employees tax free to help subsidize adoption efforts. To determine how much of your adoption expenses will be allowed as a tax credit on your federal income tax return please contact your tax preparer or accountant as the new adoption tax credit law will make a major financial impact for the better on the vast majority of adoptive families.
Q: How much will it cost us to adopt?
Nirenstein Garnice PLLC represents clients most often in private placement Independent Adoptions (that is where the birth parents choose the adoptive parents and place the baby directly with the adoptive parents usually at the time of the baby’s discharge from the hospital). We also represent clients who are adopting through licensed adoption agencies. We handle collaborative placements which combine the best features of Independent and Agency adoptions often without the drawbacks of traditional Agency adoptions. We represent birth mothers and adoptive couples throughout the United States.
Q: What kinds of adoption does Nirenstein Garnice PLLC handle?
Nirenstein Garnice PLLC represents clients most often in private placement Independent Adoptions (that is where the birth parents choose the adoptive parents and place the baby directly with the adoptive parents usually at the time of the baby’s discharge from the hospital). We also represent clients who are adopting through licensed adoption agencies. We handle collaborative placements which combine the best features of Independent and Agency adoptions often without the drawbacks of traditional Agency adoptions. We represent birth mothers and adoptive couples throughout the United States.
Q: Can I have contact with my baby after the adoption is completed?
Some birth mothers want no contact with the baby they place for adoption. They choose to close the chapter on that moment of their lives and move forward. Other birth mothers would like periodic pictures and perhaps a letter or two each year about the child’s progress. These issues need to be addressed between you and the adopting parents.
Q: What assurance do I have that the adoptive couple is suitable adoptive parents?
Every adoption involves investigation of the adoptive couple by either a state or a licensed agency. Couples are required to provide fingerprints, detailed financial, social, and employment histories, copies of tax returns, reports of medical examinations of both adopting parents, letters of reference and their home must be inspected. Criminal records and child abuse indices are checked before the home study may be approved.
Q: I have living expenses and no medical insurance. Who will help me with my bills?
All states including Arizona have specific laws which specify what birth mother expenses can and cannot be paid during an adoption. You will be able to get more information about the different laws when you consult with our office. There are limits imposed on the length of time you can be supported during your pregnancy and what can and cannot be paid. If you have health insurance, then the deductible portion of your medical bills and unpaid medical expenses can be paid by the adopting parents. If you qualify you may be asked to arrange to receive Medicaid. In either case you will be free to select the doctor and hospital you want.
Q: How much can I find out about the adoptive parents?
Arizona law requires that certain basic information be provided to you about the people with whom you are thinking of placing your baby. That information includes, but is not limited to: names, ages, religion, occupations, general health, prior marriages, other persons/children living in their home and the existence or absence of a criminal record. The adoptive parents will be honest with you so that you will have a truthful disclosure about their lives. They of course will expect you to be honest with them too!
Q: Can I choose the parents for my baby?
In Arizona, a birth parent may choose the adoptive parents for her baby. This is usually done in the private placement Independent Adoption process. In these adoptions you decide which adopting parents you want to work with. You may meet them if you wish, and usually when the baby is ready to leave the hospital, the baby is taken home by the adoptive parents. Some birth mothers decide to place their babies with adoption agencies–but be careful because in some cases the baby may be put in foster care for a period of time, there may also be delays in placing the baby with an adoptive couple due to unfinished agency paperwork. In some cases, the birth mother who places her baby with an adoption agency may not ever know the identity of the adopting parents!