Attorney Stewart supports blended families and protecting parent-child relationships through stepparent adoption.

As a non-adoptive stepparent, you have no legal parental rights.  If your spouse became incapacitated, died, or you divorced, the court could award custody of your stepchild to anyone—possibly a relative who has not ever been part of his or her life.  You could be prevented from ever seeing the child again.  Through stepparent adoption your legal relationship with your child will become identical to that of birth parent and child.  

If you are the person your stepchild considers to be a parent; if you are you the one who helps with homework, goes to teacher conferences, talks to the doctor, and claps at games and school performances, then you may wish to solidify your legal rights.

Adopting a stepchild is the most common form of adoption.  A stepparent who adopts agrees to be fully responsible for his or her spouse's child.  If the child is 14 years old or older, he or she must agree to the adoption. 

Adoptive parents must realize that a child may feel conflicting loyalties between his adoptive parent and his or her biological parent, and this may be hard for some children to handle.  However, in many cases, this course of action can represent the best possible resolution as it allows the child to experience permanency.

Before you can proceed with adoption as a stepparent, the court will need to know that the birth parent is either:

• willing to waive his or her parental rights, or
• is clearly unfit, in which case the court will issue an order terminating parental rights.

Attorney Stewart will help you determine whether there are barriers to adoption and will help with necessary legal measures. 

In many courts, the procedures for stepparent adoptions are simplified, and home studies are conducted at the discretion of the judge.

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Termination of parental rights is the most serious and solemn proceeding in juvenile court because it permanently severs the parent-child relationship.  If the non-custodial parent is living and does not consent, before a step-parent may adopt, the non-custodial parent's parental rights must be terminated.  

Keep in mind that stepparent adoption not only severs the legal relationship with one biological parent but also with members of that parent's family, including grandparents, aunts, uncles, and cousins.  Grandparent visitation is a consideration for stepfamily adoptions, and in many cases, families can work out a mutually-agreeable arrangement.

Stepparent adoptions can be complicated when the non-custodial biological parent is still alive and in contact with the child.  There may be no legal reason why the adoption cannot take place, but the emotional impact of the adoption also needs to be considered.

There are two ways the adoption can happen without the legal parent’s consent.

(1) For public or private agency adoptions, third party adoptions, stepparent adoptions, or relative adoptions, the court can take away a parent’s rights when:

      (a) adoption is in the best interests of the child AND:

      (b) any of the following is true:

          (i) The parent has abandoned the child; OR

          (ii) The parent cannot be found after a careful search; OR

          (iii) The parent is insane or otherwise physically unable to agree to the adoption; OR

          (iv) The parent has not used good parental care or control due to misconduct and inability to be a proper parent.

(2) In stepparent and relative adoptions, the court can also take a parent’s rights away if:

        (a) the adoption is in the best interest of the child AND

        (b) for at least a year right before the adoption process started, the parent has failed to:

           (i) communicate or try to communicate with the child in a meaningful way; OR

           (ii) provide for the care and support of the child.

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Georgia law provides for the domestication of a foreign decree of adoption.

Children born in another country who have been adopted by U.S. citizens are entitled to automatic U.S. citizenship.  These children are able to obtain a U.S. passport, which is one of the routes to proving U.S. citizenship. 

Typically, a foreign adoption is finalized in the child’s country of origin.  The adoption decree and new birth certificate are issued by the foreign country, and the U.S. Dept of State and Immigration departments give approval for the child to return to the U.S. on a valid visa that is then taken as part of the process of making your child a U.S. citizen.

The United States, as well as the state of Georgia, recognize the foreign decree of adoption as valid, so in most cases, it is not required that you "domesticate" the adoption in the state court.  Your child, provided at least one of the parents is a U.S. citizen, automatically becomes a U.S. citizen as a result of the adoption.  However, once parents return home with their child, and before any of the international documents could be damaged or lost, some adoption experts recommend that you domesticate the adoption for the following reasons.

1)  There is always the possibility that the foreign country will challenge the adoption at some later date, either because of suspected corruption in the process, i.e. baby-trafficking, or because some major political instability in the country has created new policy. When you complete a re-adoption in Georgia, you get an adoption decree from a valid U.S. court as concrete evidence of the adoption, evidence that cannot be overturned by a foreign government.

Most observers believe that this possibility is so slight that domestication is unnecessary, particularly if the child is residing on U.S. soil and has proof, such as a U.S. passport, of U.S. citizenship.

2)  The re-adoption gives your child an English language adoption decree and an English language birth certificate that may make it easier for your child throughout his or her life.  Even though foreign adoption decrees and birth certificates are accompanied by an English translation, many parents prefer to have a document which doesn't require extensive explanation. 

It should be noted that if adoptive parents of foreign-born children apply for passports, the passports can be used by the child later to obtain additional forms of identification such as a driver's license.

Many parents, regardless of how remote the chance of problems, still prefer to undergo a "re-adoption" to ensure that their child will have the best start in life possible.

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It is a sad fact that birth families are not always able to provide the best care for children.  Unfortunately, sometimes they cannot even keep children safe, and the government is forced to intervene. 

Everyone agrees that these children should not grow up in foster care, but too few people make the commitment to become a foster parent or adoptive parent.  Currently, there are approximately 513,000 children in foster care in the United States.  It is estimated that 114,000 are eligible for adoption.  In Georgia, approximately 14,000 children are languishing in foster care, and many of these children are adoptable right now. 

No one would ever say that parenting or adoption is easy, but for many folks, it is the single most rewarding part of their lives.  Please visit this online photolisting of some of the adoptable children in Georgia  on My Turn Now, Inc., a not-for-profit advocacy organization which helps publicize the availability for adoption of children with special needs. http://www.wednesdayschildga.org/  

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EVERY CHILD MATTERS

Keep in mind that the children on My Turn Now represent a fraction of the children available for adoption in Georgia, and that a great way to serve your community while finding out if you and the child are compatible is to become a foster parent.   Here's how:

• Contact your local county Department of Family and Children's Services (DFCS)
• Tell them you're interested in becoming a Foster Parent
• Ask for the Resource Development person in the county
• Find out when the next training classes are going to begin
• Schedule a time to meet the Resource Development person to find out how you can become a Foster Parent

You will need to take some classes, complete a number of forms, and undergo a home evaluation. 

Some consider this to be too invasive of their privacy, but the government must make sure that placing a child in your home will be safe and stable.  More than 85% of the children in state care who become eligible for adoption are adopted by their foster parents!

Useful Web Sites:

• www.childwelfare.com/georgia_adoption.htm
• http://www.neighbortofamily.org/6-2.asp 
• http://www.rootsadopt.org/

Foster Parent Bill of Rights:

http://dfcs.dhr.georgia.gov/DHR-DFCS/DHR-DFCS_FosterCare/CPA foster parent grievance.pdf

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It is common for adoptive families, particularly those involving children adopted through foster care, to need support and services after the adoption is finalized.

Many adoptive parents who are going through the process of adopting a child who has been in foster care do not realize the financial costs of meeting their child's needs until it is too late.  It is critical that they obtain appropriate benefits during the short window of time, and the assistance of an attorney familiar with the complexities of these benefit may be invaluable.

The government may provide financial assistance, called a stipend, if the child you adopt has "special needs." 

As of March 1, 2010, a child will meet the special needs definition if he or she:

• has been in the care of a public or private agency or individual other than the legal or biological parent for more than 24 consecutive months;
• has a physical, mental, or emotional disability, as validated by a licensed physician or psychologist; OR
• is a member of a sibling group of two or more placed together in the same home.

The Department of Human Resources can provide four types of benefits:

1.   Monthly Subsidy

This is a payment that comes each month and usually lasts until the child turns 18. The amount cannot be more than a family would get for Foster Care.

To get this money, the child must meet several criteria.  In general, the child must be:

• “special needs” (see definition of special needs above); 
• “dependent” (not being cared for by a parent) when the  adoptive parents file the adoption; AND
• “needy” (eligible for Temporary Assistance for Needy Families (TANF) benefits) when the adoptive parents file the adoption.

2.   Medicaid

The child must meet the same conditions as for the monthly subsidy listed above.  This benefit can be extremely helpful, even if the child will be covered under a family health care plan.  In the event that a child is "double-covered," the primary health care will be responsible for the lion's share, but Medicaid will cover co-pays and therapy sessions in excess of those allowed under a typical health plan.

3.   Nonrecurring Adoption Assistance

This is a one-time payment.  It covers the required adoption fees, court costs, lawyer fees, and other costs that have to do with adopting a special needs child. The most you can get is $2,000 per child.  The child must qualify as being special needs.

4.    Special Services Adoption Assistance

A child who used to be in the custody of the Department of Human Resources may be able to get Special Services adoption assistance.  A child can only get this money if he or she has a special need that other family or community resources cannot meet.

Useful Web Site:

http://dfcs.dhr.georgia.gov/portal/site/DHR-DFCS/

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Timing Is Critical!

If you want to apply for these benefits, you have to do it after you file for the adoption but before the court finalizes the adoption.  Parents apply for these benefits at the appropriate Department of Family and Children Services office.   An experienced lawyer such as Ms. Stewart can review the paperwork prior to applying or if problems with adoption assistance occur.  Many issues can be negotiated if tackled early enough in the process.

If the Department of Human Resources denies you benefits, you have only 30 days to ask them for a hearing.  This is a complex area of the law, and the consequences can have a long-term effect. 

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