August 29, 2008

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Considering Adoption

NAFA has developed this information in response to the many questions that people have about adoption. The adoption scene is ever changing. The information presented here is only a summary of adoption as it exists today. Please note that this information is meant to be general in nature; each adoption, each agency, each attorney, has its unique perspective. We simply hope to be able to give you enough information and support to reach your own personal decision about adoption as a way to create or expand your family. And, should you decide on adoption, we offer encouragement in the process and support and fellowship to your family through the years.

NAFA offers a DVD and information packet entitled Adoption Options: Picturing the Possibilities free of charge to those considering adoption. This packet will answer many questions and give you information on adoption from adoption professionals, adoptive parents and children who entered their family through adoption. To receive a copy contact call NAFA's message line, 503 243-1356 or send an e-mail to information@nafaonline.org.

Wishing you success,
Northwest Adoptive Families Association

ARE THERE CHILDREN AVAILABLE FOR ADOPTION?

Yes. Even infants are available, though it may take more determination than in previous eras. Our society's mores, domestic and international politics, and your own ability to determine what type of child will best suit you and your family are the only considerations. But it can be done!

It is true that the adoption picture in the United States has changed. Years ago, any stable family with minimal patience could adopt an infant of a similar heritage. School aged, minority children and those children with special needs were rarely adopted, and such parentless children faced years of institutional living. In recent years, due to birth control, abortions, and changing social norms, fewer and fewer infants have been available for adoption. Yet the number of older, minority, or children with special needs wanting loving homes has remained high. It is estimated that there are more than 100,000 children free for adoption in the United States; and many more who could be freed; and of course, countless numbers overseas. In general, adoption agencies are most eager to find adoptive parents for minority children, school age children, and children with special needs, and with minimal or serious handicaps. The distinction between "minimal" and "serious" handicap varies greatly depending on the viewpoints of the social workers and the future adoptive parents. There are also sibling groups available for adoption that need each other and share a need for loving parents.

WHO MAY ADOPT?

Adoption agencies today are more flexible than ever before, however certain basic requirements must be met to adopt:

Marital Status: Agency requirements for length of marriage range from newlywed to five years, with two years being the average. An individual may be single or divorced. If divorced, a person must have proper legal documentation. Many agencies are currently placing children with single parents; however, if you are considering international adoption, know that not all countries will work with single people.

Age: Generally, adoptive parents must be over 21 years of age. Upper age limits vary depending on the agency, often allowing no more than 40 years difference between the child and the oldest parent. All agencies are concerned that the parents be able to see an adopted child through young adulthood. In international adoptions, age range is typically 25 years to 50 years old, depending on the country.

Religion: Some agencies are religiously affiliated and give top priority to prospective adoptive parents of that religion. (Remember that children are often placed with parents of the same religion, so where applicable, it helps to designate religious affiliation in the broadest possible terms.) Many agencies have no requirements concerning religion.

Same sex couples: Some agencies welcome same sex couples as prospective adoptive parents. Many same sex couples have successfully adopted in Oregon and Washington.

Financial Status: Modest incomes are acceptable as long as would-be parents can manage their financial affairs. A person does not have to have a large bank account or own a home.

Documentation: In most situations, you will need the following documents: birth certificate for each parent and perhaps for any children in the family; marriage certificate; divorce decree (if applicable); proof of citizenship; naturalization papers (if applicable); and a recent medical examination. You will probably need three to five personal references, proof of employment, and a financial statement (including a copy of your most recent 1040 tax form). (Oregon Vital Statistics can give you the current fees and addresses if any of your certificates need to be obtained from another state.) A good rule of thumb: Never mail original certificates if you can avoid it. Also, make copies of everything you send and use a private overnight currier.

Home Study or Adoption Study: Home studies are generally not transferable from one agency to another, so it is best to do your groundwork before starting the home study process. An agency is primarily concerned with the children in its care. The agency prefers to seek out parents for a particular child rather than spend precious time interviewing people who are not interested in the type of children they have available. The primary emphasis for agencies remains finding the "right family" for a particular child, rather than a child for a family.

WHAT DOES IT COST TO ADOPT?

The cost of an agency adoption in Oregon can be divided into two parts, first the fee charged by the adoption agency or agencies, (this includes home study and post-placement fees) and then the legal fees required to finalize the adoption. States usually charge no fees, except for the home study (which is often waived) for adoption of children in the custody of the state. Fees for agencies vary. Be sure you have a clear understanding of the fee structure an agency uses, what the fees are for, what expenses you will have in addition to the agency fees, and whether you pay in a lump sum or pay as you complete each part of your adoption process. You may be eligible for an adoption tax credit on your tax return (check with your tax accountant), and some companies also give an adoption credit to employees as part of their benefit package.

An attorney's fee to finalize an adoption can run anywhere from $500 to $800, or more. Find an adoption attorney through the American Academy of Adoption Attorneys or contact your State Bar Association for attorneys experienced in adoption.

WHAT IS IT LIKE TO ADOPT?

The best way to learn about the realities of adoption is to talk with other adoptive families or read about their experiences. At one time adoption was a private affair no one talked about. Today people are talking and writing about adoption and freely sharing their adoption experiences. NAFA maintains a lending library that is housed at the Lake Oswego Library and is available through the inter-library loan system. For information about the library, contact NAFA at 503 243-1356 or visit the Library Collection section of our website.

A good time to join NAFA is when you are beginning your process. Our members have adopted through every conceivable method - independent and agency, parent-initiated, domestic and international, open and traditional. You have a good chance of finding a resource person for whichever route you may choose to pursue. Adoptive parents are also a very understanding and empathetic group and really want to help you with the process and the wait, and share in the joy of your child(ren) joining your family. Please give us a call or e-mail us and we will send you an information packet.

NAFA offers free monthly meetings for waiting families that cover a wide variety of adoption topics. Look for Great Expectation meetings on the NAFA Calendar.

HOW DO I START THE ADOPTION PROCESS?

Once you have decided you are interested in adopting, we suggest that you do the following:

  1. Watch the NAFA DVD Adoption Options: Picturing the Possibilities. This will help you explore your own feelings about adoption and the type of child you might seek. While most agencies offer pre-adopt classes, they seldom offer information about other agencies or about independent adoptions. The Adoption Options DVD is designed to be an overview of all the adoption alternatives.
  2. Broaden your concept of an adoptable child as much as possible. Never take a child whom you do not really want or whom you do not feel you can really love and nurture. Love comes in many colors, sizes, and degrees of intelligence and physical abilities. The chances are, however, that once you begin to explore adoption, your previous limits will be expanded.
  3. Establish and maintain contact with NAFA or another adoptive parent support group to gain encouragement and support before, during, and after the placement. Adoptive family groups are a valuable source of current adoption information.
  4. Contact agencies to verify their current requirements and available services. Do not be discouraged by a less than enthusiastic response. If you are trying to adopt via one of the less established paths, you must be willing to put a lot of time and emotional energy into the effort. Above all, be patient and persevere!
  5. Based on all the information you have gathered: decide whether you want to do an agency or independent adoption; whether you want a domestic-born or foreign-born child; and whether an open adoption is comfortable for you.
  6. Tell as many people as you can about your desire to adopt. Many a parent has connected with their child through their friends, minister, doctor, etc.

AGENCY ADOPTIONS: WHAT STEPS ARE INVOLVED IN THE PROCESS?

Many agencies require applicants to attend a group orientation meeting before an application can be made. At this meeting, a representative of the agency explains the agency and its application process. After the group meeting, the prospective parents can better decide whether to further pursue application with that agency. If you are not comfortable with everything about the agency, you should look elsewhere.

Once the application is made, the agency may proceed with a home study. During the home study, the applicant is interviewed by a social worker employed or contracted by the agency. These interviews often require 2 to 4 sessions. You should expect that the social worker will visit your home at least once during the home study. You may be expected to submit a written autobiography or provide written answers to questions. Some agencies may require a few photos of your family, home and surroundings. This process will help the social worker get to know you and determine the appropriate child for your family. Training classes are required for most adoptions and vary by domestic and international adoption. Ten hours are required internationally

After the completion of the home study comes the hardest part of the adoption process -- the wait. The length of your wait depends on which agency you select and whether you are doing a domestic or international adoption. Do not be afraid to contact your social worker periodically during the wait, to let him/her know that you are still there, and still want a child. Other adoptive parents are a tremendous support during this time, as they have all been there themselves. It is reassuring to talk to someone who has actually received a child!

After what may seem like an eternity, a call will come saying that there is a child for you. Just when and how the placement is actually done depends on the agency, and by what the social worker feels will provide the best transition for the child. In some cases, several meetings with the child may occur before he or she is placed in your home.

After the placement is made, the social worker will keep in contact with you to see that the child is adjusting well to his/her new family, and assist the family in dealing with any issues that may arise. Remember that your social worker is there to help you, even after your adoption is finalized. She/He works with you as a team, helping with the bonding process and is willing to work with you if issues do develop. Don't be afraid to call your social worker if problems arise, the social worker's goal is to help the make the adoption successful.

Once the child has been in the adoptive home for several months, the agency will consent to formal adoption proceedings through the court. This procedure, due to changing laws, is usually performed by an attorney. In international adoptions, the country sets a specific length of time for post placement visits and reports, usually 6 - 12 months.

OREGON'S SPECIAL NEEDS ADOPTION COALITION (SNAC)

The Special Needs Adoption Coalition (SNAC) of Oregon is housed at and administered by Boys and Girls Aid. The Coalition is composed of several private adoption agencies who work cooperatively with the state agency (Department of Human Resources) to locate potential adoptive families for older (non-infant) children in state custody. The member agencies significantly reduce fees for this program, and fees are fully refundable if the adoption is completed. The Coalition publishes Family Matters, Oregon's free monthly special needs adoption newsletter, featuring profiles of "waiting children". The Coalition provides a monthly orientation meeting and regular pre-adoption classes. Oregon is proud of this nationally recognized public-private partnership which has successfully increased the adoption opportunities for foster children since 1986. Persons from any part of Oregon and Southwest Washington are encouraged to contact SNAC to learn more.

http://www.boysandgirlsaid.org/adoption/SNAC.html

INDEPENDENT DOMESTIC ADOPTIONS

In an independent/private adoption, the child is placed with adoptive parents directly by the birth parent(s). If mutually agreed, the birth parents and adoptive parents may meet, though it may be without actually identifying one another. The ultimate decision as to where the child is placed is for the birth parents to make. At a minimum, she (and he, if involved) must be given enough non-identifying information about the prospective adoptive parents to be able to decide if that is the best placement for the child.

To begin the search for an independent/private adoption, prospective adoptive parents should let everyone know that they are looking for a child to adopt. It is always a possibility that some acquaintance will know someone that knows of a child available for adoption. Let your doctor know, as many birth mothers looking for assistance in making a placement will first contact their physicians. If you are active in a church, be sure to contact your clergyman as well. Attorneys can also be of assistance, although in this case it will be a matter of working to locate a birth mother. An attorney can help adoptive parents by preparing letters of introduction, running newspaper advertisements, and making contact with other potential sources with which he or she is familiar. Contacts with your doctor, lawyer, or clergyman should continue on a regular basis. Oregon law prohibits payments to adoption facilitators; one can only pay for adoption services from licensed adoption agencies and attorneys doing actual legal work concerning adoptions.

The costs of an independent adoption vary greatly and it is wise to talk frankly with your attorney about the expenses involved and when they must be paid. In addition to their own attorney fees, adoptive parents normally pay for the birth parent's attorney fees, as well as psychological counseling for the birth mother, both prenatal and postnatal. Other anticipated expenses include the birth mother's medical expenses (if not covered by insurance or welfare) and sometimes, living expenses (room and board) for the period of time she is physically unable to work because of the pregnancy. The birth mother's transportation expenses may also be covered. Care should be taken to be sure that living expenses are limited to such and do not amount to "baby-selling".

Adoptive parents may enter into an agreement with the birthparent(s), stating that the adoptive parents will send letters and/or pictures to the birthparent(s), or even allow the birthparent(s) visitation. These Agreements apply to both agency and independent adoptions.

INDEPENDENT INTERNATIONAL ADOPTIONS

You may be able to do an independent international adoption; however, with the changing laws and the new requirements of the Hague Convention, you should thoroughly research the legality of your proposed course before taking action.

SELECTING AN ATTORNEY

Care should be taken in selecting an attorney to use in any adoption matter. Many attorneys are not experienced in adoptions and no attorney can be an expert in all areas of the law. Some attorneys have experience in step-parent adoptions but not in non-relative adoptions. The American Academy of Adoption Attorneys (http://www.adoptionattorneys.org) lists attorneys in each state who are members of that academy. Many State Bar Associations have a Lawyer Referral Service, though it does not necessarily ensure expertise, as any lawyer can register and indicate he has a desire to handle adoptions.

In making contact with a lawyer, do not be afraid to ask what experience he or she may have had in adoptions. Ask how many adoptions he or she has handled in the last year. One or two is not enough to indicate sufficient expertise to help you through the fairly precise laws involved. Ask about costs involved, both the lawyer's fees and the other costs that will occur in an adoption. Be wary of an attorney who quotes a large flat fee. Cost is not always the determining factor - an experienced attorney may charge more an hour, but actually saves on total costs. You should be able to ascertain what the fees actually cover and what other expenses you may encounter during the process. Do not engage an attorney unless he appears to be truly interested in your case. You should get a straightforward answer to any questions you may have. If he cannot answer a question, he should give you a logical explanation as to why he cannot. (Note: it is impossible for an attorney to predict how long it will take to find a child, as the decision is the birth mother's, not the lawyer's.) The attorney should be ready to act promptly on your behalf, when such prompt action is needed. Do not engage an attorney who does not respond to your telephone calls; he is either too busy or not interested enough. However, do not expect to receive too much legal advice from a lawyer on the telephone prior to a first appointment. Attorneys make their living by receiving payment for giving legal advice.                                                                                                                                                                                

 
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