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6 Myths About Foster Care

Posted by on Jun 15, 2018 in Adoption | 0 comments

6 Myths About Foster Care

Many people get scared off easily from adopting through foster care. Most of the time, this fear comes from misconceptions or stories that may have been passed on after one bad experience in the foster care adoption process.

These myths may be completely untrue, may be based off of old or dated information or may have only some small amount of truth to them. Regardless, it helps to separate fact from fiction before making a decision on whether to pursue a foster care adoption.

1. Foster Care Adoptions Are Expensive

Any adoption comes with its own set of costs, but when it comes to the different types of adoptions available, foster care adoptions tend to be the lower cost of the options. Private or international adoptions cost anywhere from $5,000 to up to $30,000 in costs when all is said and done.

On the other hand, if potential adoptive parents wish to go through pre-adoptive foster care placement, funding is available to provide financial assistance for eligible adoptive children. One of the only costs that is associated with a foster care adoption is the home study fee, which can be refunded after the adoption is finalized from the foster care system.

If the child is placed in a foster placement, talk with an adoption attorney to see what can be done to get financial assistance to help with adoption costs.

2. All Foster Care Adoptions Involve Children Classified as “Special Needs”

An additional myth surrounding foster care adoptions if the idea that all children in foster care have some type of need, whether it be a physical, emotional or mental handicap, that qualifies them to be classified as “special needs.” Children are in the foster/adopt system because their birth parents were not able to give them a permanent, stable and protective home.

While, yes, many children may suffer from some type of physical or emotional issue, it does not necessarily qualify them as “special needs.”

Additionally, the term “special needs” should not necessarily be given a negative connotation. It could simply mean that the child is older or requires placement with his or her siblings. No one foster care situation is the same, and each situation comes with its own set of unique circumstances.

3. The Adoptive Family Will Not Receive Support Until the Adoption Is Finalized.

Most children who are placed and later adopted through the foster care system are eligible for some type of state or federal subsidy to help the costs associated with placement and that child’s needs.

Each state has its own set of rules, but it helps to talk with the placement agency, as well as an adoption attorney. This helps to get short-term assistance before the adoption takes place and long-term assistance in the event post-adoption financial help is needed.

It helps to do your homework when looking for financial assistance for adoption, but the help certainly does not end at the date the adoption is finalized. Assistance can be made available both before, during and after the adoption is finalized.

4. Adopting a Child Through Foster Care Involves Too Much Red Tape

One common myth regarding foster care adoptions is that the process requires too much red tape and bureaucracy, making it not even worth the process.

The process does have its own set of requirements and steps that need to be taken. However Congress has made it so that the process is much more streamlined since the passing of the Adoption and Safe Families Act in 1997.

The purpose of this law was to make it so that children could find their forever homes in a more efficient and quick manner, resulting in less time in foster care with no definite sense of permanency.

5. It Takes Too Long to Finalize the Adoption.

Ultimately it depends on when the child is placed in the home for how long the adoption will take. If the foster family receives placement before parental rights are even terminated, the process can end up being longer.

However, once the placement is made and the adoption is set to go forward, the process is not too long. To become certified for adoption takes approximately four to six months, depending on how long it takes to complete the requirements for certification.

As soon as you are cleared to finalize the adoption, it is recommended the family meets with an adoption attorney to file the petition and move forward. It can be done within a matter of months if all goes smoothly.

6. Foster Care Children Have Too Much Baggage.

This last myth is one that prevents many individuals from ever going forward with foster care adoption, and it is unfair to the children in the foster care system that this myth prevents these adoptions from otherwise happening.

While some foster children may come in with physical or emotional needs, at the end of the day, all these children want is a forever family who will love them and provide them with a happy and safe home.

Do not let the fear of the unknown prevent you from accepting a child into your home who could make your family complete. If foster care is a consideration and this myth is the only one that is holding the family back, reach out to placement agencies in your area. Speak with other foster families who have gone through adoptions to get their stories on how well their adoptions went.

If You Are Thinking Adoption, Contact Stuart & Blackwell Today

At Stuart & Blackwell, we understand just how stressful the adoption process can be. We’re here to help you find the path to adoption that’s right for you. Every adoption is as unique as the adoptive parents themselves, but the journey doesn’t have to be harrowing.

We specialize in Arizona adoption law, and we have the experience, knowledge, and compassion to help you welcome your child into your loving home. Contact us at (480) 420 2900 today for your free consultation.

How Should I Prepare for the Home Study?

Posted by on Jun 1, 2018 in Adoption | 0 comments

How Should I Prepare for the Home Study?

Before a family can become certified to adopt, a home study must be completed. The idea of a home study can strike a nerve in any potential adoptive families’ minds. Many want to know whether any preparation can help make the home study process go smoothly.

Understanding the Study

In the State of Arizona, the home study is completed by an authorized agency or division. These home studies normally include three different components: accumulating all of the documentation needed, the interviews, and the home inspection.

The home study must be completed within 90 days after the official application for adoption certification has been accepted.

After completing all three of these steps, the social worker who is completing the home study will put together a report, which will detail the social history of the adoptive family, their financial situation, religious background, health issues, and any court actions that involve the potential adoptive family.

Get All Documentation Together

Getting prepared for the interview is important, especially when it comes to getting all documentation accumulated to hand over to the social worker.

Certain important documents will need to be handed over to the social worker, including the birth certificates for the adoptive parents, marriage certificate, financial statement, and a doctor’s statement regarding each potential adoptive parent’s health.

Additionally, all adult members in the house will need to certify whether they are facing trial for a crime, have been convicted of a crime, especially one involving a child. They will also need to submit state and federal criminal record checks, which can take some time to get certified copies.

Unless the adoptive family has all of this information handy, it can take a little while to get it all together. This step is one of the biggest parts of the home study where the adoptive family can do the legwork ahead of time to shorten the time it takes.

Get the paperwork together and ready to go so that the social worker simply needs to receive one folder with everything in it to get thing started quicker. The sooner the documentation is submitted, the sooner the next two steps can take place.

The Interview Process

Another common question is whether the adoptive family can prepare for the interview. Arguably, this part of the home study is the most important because it is when the social worker will truly get to know the potential adoptive family.

The social worker will interview the prospective parents, as well as other key family members in the household. Most of the information will be biographical information on each parent, questions regarding the family’s motives and attitude regarding adoption, as well as their values, traditions and other important aspects of the family’s home life.

In terms of preparation, the adoptive family simply needs to review the questions that will likely be asked and practice answering them, if that takes some of the anxiety off of their shoulders.

However, at the end of the day, it is important that the interviewees be authentic and sincere in their answers. The court will be able to tell if the parents are being less than honest, and that will only cause issues with the home study in the end. Honesty is the best practice, and not much preparation can be done for that, if it is needed at all.

The Home Inspection

The part of the home study that tends to cause the most anxiety with adoptive families is the in-home visit or inspection. After all, they are letting a complete stranger in their home, to evaluate and report to the court the status of the family’s home and home life.

The key in preparing for the home study is to make sure that all safety hazards are corrected before the visit occurs. Do a thorough review of the home for faulty smoke alarms, broken window screens or faulty locks on windows and doors.

Depending on the age of the child being adopted, other safety measures may need to take place, especially if the child is young. Normally, these safety hazards are already addressed before placement occurs, but it does not hurt to do another review.

Are covers on all electrical outlets? Are toxic cleaners or other medications or chemicals kept out of reach? If the child is young and just now walking, make sure that gates are in place for the stairs and that the gates are secure.

The social worker will also want to see how stable and loving the home environment is. He or she may want to observe the child and family interacting in the home. This part requires no preparation, however, since the purpose is to observe the natural interaction between the family.

Once the home study is complete, it will need to be submitted to the court prior to being certified to adopt. The family will have a chance to review the report and will be notified in the very unlikely event any issues come up in the report.

If You Are Thinking Adoption, Contact Stuart & Blackwell Today

At Stuart & Blackwell, we understand just how stressful the adoption process can be. We’re here to help you find the path to adoption that’s right for you. Every adoption is as unique as the adoptive parents themselves, but the journey doesn’t have to be harrowing.

We specialize in Arizona adoption law, and we have the experience, knowledge, and compassion to help you welcome your child into your loving home. Contact us at (480) 420 2900 today for your free consultation.

7 Questions to Ask Your Adoption Attorney

Posted by on May 15, 2018 in Adoption | 0 comments

7 Questions to Ask Your Adoption Attorney

The adoption process can be confusing and stressful. The first step is that initial meeting with the adoption attorney. It can help to be prepared before coming to that meeting. The following questions can help a prospective client adequately prepare for that initial consultation

1. Ask About the Adoption Attorney’s Qualifications

Keep in mind that this consultation is also the client’s opportunity to fully interview the attorney and not just get questions answered regarding the case. Ask about the professional experience the attorney has, not just in the legal arena in general but also in adoption law specifically.

What percentage of the attorney’s practice is dedicated to adoption? Ideally, an adoption attorney’s practice should be anywhere from 50 to 100 percent adoption practice.

2. What Types of Adoptions Do You Handle?

Ask the attorney about what types of adoption cases he or she typically handles. Are they mostly open adoptions, confidential ones, or a combination of both? If he or she prefers open adoptions, what levels of open adoptions does the attorney prefer?

Does the attorney work more with birth mothers, with the prospective adoptive family or both? Are the adoptions traditionally non-relative adoptions or are they more step-parent or relative adoptions? Get an idea on how many contested adoptions the attorney has handled and whether he or she tends to handle adoptions that are non-contested more.

3. What Services Does the Attorney Provide?

Not all adoption attorneys are the same. Some attorneys will help the potential adoptive family line up the adoptive situation and do the work to finalize the adoption. Some law offices will only handle the legal part of the process.

It is important that the client ask what services are provided, especially if he or she desires a certain level of service that may not be offered by the attorney’s office.

4. What is the attorney’s adoption philosophy?

Ask the attorney about his or her general philosophy regarding adoption. The field of adoption law is a highly personalized one. Many attorneys have a good reason or backstory as to why they chose to practice in adoption law.

Do they prefer working with adoptions that are open or confidential, and if they do have a preference, why do they have that feeling? Do they prefer to help one side over the other, and why?

The attorney may not want to answer the question specifically, but they certainly cannot hurt to ask. It can help to see if the attorney’s philosophy lines up with the client’s hopes and expectations. That may make the process that much easier.

5. How does the office function?

It can be helpful to ask about how the office works and what to expect. Many times, lawyers will rely heavily on support staff, paralegals and associates to do the case work and most of the contact.

Ask about how the attorney prefers to communicate with clients, whether it be through email communication or phone. If the attorney who is handling your case is not in the office, is there another knowledgeable attorney who is available?

6. How much will it cost?

Of course, in the back of most client’s minds is the issue regarding the cost of the adoption. Ask the attorney how much the average cost of the adoptions he or she has handles normally is. How does the attorney bill? Do they charge a flat fee for adoptions, or do they charge an hourly rate? If the attorney charges an hourly rate, do they require a retainer be paid in advance?

7. What problems could there be, if any?

It can help to know what roadblocks the client may face or run into down the road. Attorneys tend to be worst-case scenario types of people, so they are certainly experts in foreseeing potential problems.

It is not paranoid to ask these questions. While they may not happen in your specific case, the attorney should be upfront about what issues, if any, may come up in the adoption case. They can be issues from small delays to issues that could completely derail the adoption altogether. It never hurts to ask the question at the very least.

If You Are Thinking Adoption, Contact Stuart & Blackwell Today

At Stuart & Blackwell, we understand just how stressful the adoption process can be. We’re here to help you find the path to adoption that’s right for you. Every adoption is as unique as the adoptive parents themselves, but the journey doesn’t have to be harrowing.

We specialize in Arizona adoption law, and we have the experience, knowledge, and compassion to help you welcome your child into your loving home. Contact us at (480) 420 2900 today for your free consultation.

Understanding Consent in Arizona Adoption

Posted by on May 1, 2018 in Adoption | 0 comments

Understanding Consent in Arizona Adoption

The issue of consent can be very important matter when it comes to finalizing an adoption in Arizona. While some states handle the question of consent differently, Arizona has specific rules regarding parental consents for the adoption of their biological children.

Is Consent Required?

It is the ideal adoption situation for the birth parent(s) to give consent for the adoption. It makes the process much easier and definitely cheaper for the potential adoptive parents, as none of them want to really go through a contested adoption matter.

However, adoptions can and do often occur with the involuntary termination of the biological parent’s rights. The biological parents can provide consent to adoption at any time prior to that final adoption hearing. This is encouraged as that leaves open the door for potential open adoption conditions and future communication with their birth child.

When Can Consent Be Obtained?

Many states require a waiting period before consent for adoption can be obtained. In the State of Arizona the consents can be signed as soon as 72 hours after the child’s birth, but not a minute prior to that 72 hour rule. This rule for consent is the same for any biological parent (mother or father).

Many potential adoptive parents fear that the biological mother will change her mind once the consent is signed and that the adoption can be revoked. That situation is extremely rare.

Once the Arizona consent is signed, it is irrevocable unless the birth mother can show that the consent was signed under duress, undue influence or fraud.

If she has signed her consent with her own attorney, it is nearly impossible to successfully claim that there was duress, undue influence or fraud. This is one of the many reasons that it is so important to ensure the birth mother has her own legal representation.

The Indian Child Welfare Act, however, does allow a parent who qualifies under the act, to withdraw consent prior to the entry of a final Termination of Parental Rights or adoption order. However, these circumstances are likewise limited in scope and occurrence. Anytime the Indian Child Welfare Act applies to a case, an attorney with special knowledge in this area should be retained.

Consent of the Birth Mother

Under Arizona adoption law, the birth mother is the main decision-maker regarding the adoption, even if the birth mother is under the age of 18 years old. If a birth mother is under the age of 18 years old, a consent from her own parents is not needed. The birth mother is typically the person who consents to the adoption, unless her rights have already been involuntarily terminated or the birth mother is deceased.

Consent of the Father

Ideally, the biological father will support the adoption decision, but this is not always the case. Many times, the birth fathers are not involved in the pregnancy at all, may not be supportive of the birth mother’s decision, or may not know of the pregnancy.

An adoption without the consent of the father is possible, but it does depend on the specific facts of the case.

Generally, the only time the consent is absolutely required is if the birth father was married to the birth mother in the 10 months before the birth of the child or if the mother names him as the father. Both of these circumstances would make the father the “legal father” of the child. In these situations, the father must consent to the adoption, even if he knows he is not technically the biological father.

Consent is not required from a potential father, who does not meet the above circumstances, who fails to file and serve the biological mother a paternity complaint within 30 days of receiving official notice of the adoption, as outlined in A.R.S. § 8-106(G) & (I). This 30-day requirement is strict in the deadline the potential father must meet to be able to file a paternity complaint.

Additional Consent Needed

In some situations, additional consents may be needed, in addition to the birth mother and birth father. If the court has previously appointed a guardian over the child, and that guardianship still exists, the consent of that guardian may be needed.

If the child is over the age of 12-years-old, the child’s consent will generally be needed, and this consent is normally given by the adolescent child in open court before the adoption judge. The situation is not as intimidating as it sounds. It is simply a time for the judge to ask the child what his or her thoughts are on the adoption and what that child wants.

Children of this age generally want to be involved in the process. Arizona law recognizes that their age means that their opinion does matter a great deal.

Lastly, if the adoption stems out of a child welfare situation, the consent of the agency/division in charge of the child’s welfare case may similarly be needed.

If You Are Thinking Adoption, Contact Stuart & Blackwell Today

At Stuart & Blackwell, we understand just how stressful the adoption process can be. We’re here to help you find the path to adoption that’s right for you. Every adoption is as unique as the adoptive parents themselves, but the journey doesn’t have to be harrowing.

We specialize in Arizona adoption law, and we have the experience, knowledge, and compassion to help you welcome your child into your loving home. Contact us at (480) 420 2900 today for your free consultation.

What Is Involved in the Finalization of an Adoption?

Posted by on Apr 15, 2018 in Adoption | 0 comments

What Is Involved in the Finalization of an Adoption?

Finalization of an adoption is the last official step before the adoption is made legal, and the adoptive parents and child are made a forever family. However, what is involved in the finalization of a legal adoption?

Requirements to Finalize Adoption

Arizona laws must be followed through each step of the way to get to finalization of the adoption, but these requirements include:

  • Both birth parents have either signed away their legal rights, or these have been terminated legally by a court.
  • All compliance with the Indian Child Welfare Act (ICWA) has been made and clearance given. The ICWA is a federal law that requires certain legal proceedings if an adoption involves a child of any federally-recognized tribe.
  • Clearance has been given via Interstate Compact on the Placement of Children if the child crossed state lines for the purpose of the adoption.
  • Post-placement visits have been made with the adoptive family and appropriately reported to the court.

Once all of these and other required steps have been made, the next step is the final adoption hearing.

What to Expect at the Finalization Hearing

The final adoption hearing is the event the family has been waiting for, and it is normally set approximately three months after the child is placed with the adoptive family and after all Arizona post-placement requirements have been met.

The attorney will notify the court that all requirements are complete and that the family is ready for the final hearing. A lot of work goes on behind the scenes, and the attorney will ensure that all of the required paperwork is submitted to the judge in advance. Therefore, the adoption hearing itself can focus solely on the adoptive family and not the paperwork.

A finalization hearing will normally last around 10-15 minutes. At that time, the adoptive family and possibly the social workers involved will be sworn in before the court. The adoption attorney will question the family on their motivation to adopt and their understanding that adoption is a permanent event. The family will also be asked to explain why they feel they will be able to provide a forever and loving home to the child being adopted.

If the child is older, sometimes the judge will want to ask the older child questions about how he or she feels about the adoption. Depending on the type of adoption and the circumstances surrounding it, the judge may have a few additional questions of the family, but do not worry.

The questions being asked are not going to be tough questions. In fact, if the family has been wanting this finalization for a long time now, these will be some of the easiest questions they will ever have to answer. The judge simply needs these statements and reassurances that this child will be forever brought into a stable and loving family on the record.

The hearing will conclude by the judge signing the final adoption decree. Many times, the judge will also allow for pictures with the new family. After this point, it is time to celebrate the new, forever family that has been created.

What Happens After the Finalization Hearing?

A few more steps need to be taken before everything is finished. The adoption is legal and complete, so now the family needs to apply for a new birth certificate for the child and a social security card.

If any issues come up while the adoptive family is trying to finish these last few steps, the adoption attorney or placement agency can be of assistance.

The term finalization can be deceiving in that it signifies that something is coming to an end. That could not be any farther from the truth when it comes to an adoption. The finalization process is actually the start of something beautiful and amazing as you begin your lives as a permanent, forever family.

If You Are Thinking Adoption, Contact Stuart & Blackwell Today

At Stuart & Blackwell, we understand just how stressful the adoption process can be. We’re here to help you find the path to adoption that’s right for you. Every adoption is as unique as the adoptive parents themselves, but the journey doesn’t have to be harrowing.

We specialize in Arizona adoption law, and we have the experience, knowledge, and compassion to help you welcome your child into your loving home. Contact us at (480) 420 2900 today for your free consultation.

7 Common Myths Regarding Adoption in Arizona

Posted by on Apr 1, 2018 in Adoption | 0 comments

7 Common Myths Regarding Adoption in Arizona

Many myths surround adoption, and it is often because of these myths that people will be hesitant to proceed with an adoption or even consider the process. It is best to put these myths to rest and avoid any concerns or issues potential adoptive parents may have that are holding them back from making this life-changing and amazing decision.

1. The mother does not love the baby, and that is why she is giving her child up for adoption.

This myth could not be further from the truth. Many times, the mother chooses to give her baby up for adoption because she knows that it is the best option for the child. If a mother is not able to take care of herself and her baby, adoption may be the only safe and stable option available. It actually shows a great deal of love and care and is not an easy decision to make.

2. The birth mother can come back for the baby later.

Potential adoptive parents often fear this possibility that once the adoption paperwork is signed and consent is given, the mother can come back and take back the child. Once the adoption consent is signed, the biological parents cannot reverse their decisions.

3. The birth parents never see their child again after the adoption

Most adoptions are now open to some extent, meaning that the birth mother and the adoptive parents have contact before the child is born, during the adoption process, and even after the adoption is complete. Communication and contact can vary from once a year letters to in-person meetings, depending on the parties and their comfort level.

4. International adoptions are easier

In the past this myth may have been factually-based to an extent, but it is no longer the case. In fact, it is another common misconception that international adoptions are easier than U.S. adoptions. However, several great options exist for American adoptions ranging from adoption agencies to foster care adoptions.

5. Adopted children never know that they are actually adopted.

It is actually healthier for the child to know that they are adopted and understand where they come from than it is to hide the fact that they are adopted. Many adoptive parents choose to tell their children all about their adoptive story, as well as information about their birth families, as the children grow up.

Much more harm can come from hiding the fact from the child only for him or her to discover this major fact as an adult.

6. The birth mothers are paid to place children up for adoption.

In many adoptions, birth mothers do receive compensation for their living expenses or any pregnancy expenses. However, they cannot receive payment for a placing a child for adoption. State laws govern what constitutes living expenses in an effort to avoid making it appear like the mother is being paid to sell her child.

7. Adoption costs too much.

The fear of adoption costing too much can be enough to keep potential adoptive parents from proceeding with an adoption. However, most adoption agencies and private attorneys are willing to work on an adoption budget that works for the prospective parents.

Similarly, assistance does exist for adoptive parent, many times through an employer adoption expense reimbursement programs. Sometimes adopting through the foster care system can be another way of making the costs lower.

Whatever the available options are, adoption agencies and attorneys are willing to work with prospective parents to make their dream of creating a forever family a real possibility. It simply can take some research into what options are out there for these concerns to be eliminated.

If You Are Thinking Adoption, Contact Stuart & Blackwell Today

At Stuart & Blackwell, we understand just how stressful the adoption process can be. We’re here to help you find the path to adoption that’s right for you. Every adoption is as unique as the adoptive parents themselves, but the journey doesn’t have to be harrowing.

We specialize in Arizona adoption law, and we have the experience, knowledge, and compassion to help you welcome your child into your loving home. Contact us at (480) 420 2900 today for your free consultation.

Understanding the Putative Father Registry

Posted by on Mar 15, 2018 in Adoption | 0 comments

Understanding the Putative Father Registry

Many steps must be taken when it comes to completing a legal adoption, and one of these is a search on the Putative Father Registry. However, not many individuals know what a putative father is and why this individual has a right to step into an adoption proceeding.

That being said, searching for a putative father is an important step in finalizing a legal adoption. Not following the proper procedure can keep an adoption from being successful and can also harm a father who has absolutely no idea that a child of his exists.

What Is the Putative Father Registry?

The term “putative father” refers to a man whose legal relationship to the child is not fully established. However, the man either claims to be the biological father or is alleged to be the father to a child born to a woman he was not married to at the time of the child’s birth.

The purpose of the Putative Father Registry is to protect the rights of these alleged fathers who may be unaware of the existence of their children in the event an adoption later occurs. This registry keeps the putative father’s rights from being terminated in the event an adoption occurs.

The father must register within a certain period of time if he has concerns that a child was conceived out of a sexual relationship. This registration then goes on the Putative Father Registry.

Putative fathers are able to complete these forms through the Department of Health Services, the office of the clerk of the board of supervisors in every Arizona county, every hospital, licensed child placement agency, the department of child safety, jails, prisons, department of correction facilities, department of economic security, or department of juvenile corrections facilities.

How Does the Putative Father Registry Work?

If the father is fairly certain that a child was conceived, he may file a notice of a claim of paternity before the child is even born. However, he only has 30 days from after the child was born to file this notice of claim of paternity. This notice will be signed by the putative father and will include his contact information, as well as the last known address of the birth mother and the probable month and year of the child’s birth.

It is extremely important that the father notify the registrar of vital statistics of any later change of address. This information is kept confidential, but if a father is not known, any adoption agency or adoption attorney must make a written inquiry of the registry to ensure no “putative father” exists. If he does, the father must be notified.

Once a putative father registers, he will receive notification of any adoption proceedings that affect the mother he lists on the registration. He has the right to seek paternity once alerted of the child’s existence and has the right to declare his willingness to support the child with the state registrar of vital statistics.

If an official request was made of the registry and no putative father is found, the adoption agency or attorney will receive a certificate stating that no father was located. This certificate will be required for the adoption to be finalized.

What If the Father Is Not the Father?

If a putative father steps up and claims to be the father of a child, but the court determines that this man is not the child’s father, the court must notify the department of health services and order that person’s name to be removed from the putative father registry.

If You Are Thinking Adoption, Contact Stuart & Blackwell Today

At Stuart & Blackwell, we understand just how stressful the adoption process can be. We’re here to help you find the path to adoption that’s right for you. Every adoption is as unique as the adoptive parents themselves, but the journey doesn’t have to be harrowing.

We specialize in Arizona adoption law, and we have the experience, knowledge, and compassion to help you welcome your child into your loving home. Contact us at (480) 420 2900 today for your free consultation.

Weighing the Pros and Cons of an Open or Closed Adoption

Posted by on Mar 1, 2018 in Adoption | 0 comments

Weighing the Pros and Cons of an Open or Closed Adoption

Many decisions need to be made when considering an adoption, and most of them are far from easy. One of the toughest decisions that need to be made is deciding whether the adoption will be closed or open.

Benefits and negative aspects exist to both options, and it is important that all parties carefully weigh these factors before making an informed decision.

What Is an Open Adoption?

The concept of an open adoption is not always common, but it is quickly growing in popularity for adoptive parents looking to maintain a connection with the biological parents of the adopted child. Open adoptions allow the birth parents to have contact with the child to a certain level throughout the adoption process and even after the adoption is finalized.

Arizona does not give a specific requirement for what an open adoption is. The law does allow for the birth and adoptive parents to come to a written, legally-binding contract that gives the details for how communication between all parties will work.

This communication can include visits with the biological parents, including describing how often they are, emails, letters or phone calls with the biological parents. The communication may be throughout the child’s life or later, when he or she reaches a certain age or maturity level.

Advantages to Open Adoption

An open adoption allows for the child to have some type of contact with his or her birth parents later in life. Many children want this contact later, and an open adoption makes the process easier.

An open adoption also gives the adoptive parents more information about the birth parents, which may prove to be helpful later in the event medical or other information is needed. It also allows for the adoptive parents to be more open with the child about his or her biological family in the event the child inquires as he or she grows up.

Disadvantages to Open Adoption

Like many things, disadvantages also exist to open adoptions. One disadvantage is the different expectations of the parties. The adoptive parents and biological parents may have different ideas on how communication should be.

The child may also not want to have contact with his or her birth parents later in life and may resent the fact that he or she was not made a part of the decision to proceed with the open adoption process. Further, it may also complicate matters for the child, putting him or her in a position where the child feels competing loyalties to the different sets of parents.

What Is a Closed Adoption?

As opposed to an open adoption, a closed adoption does not allow the biological, birth parents any right to maintain communication with the child or the adoptive family.

Essentially, when a birth parent agrees to a closed adoption, he or she is waiving any right to any type of communication with the child.

The term closed adoption implies confidentiality, and closed adoptions tend to be done through a third-party adoption agency that may seal information related to the birth parents or adoptive parents. This information is also sealed from the child, as well.

Advantages to a Closed Adoption

In a closed adoption, the rights of the adoptive parents are protected more than in an open adoption. The adoptive parents are not required to maintain lines of communication with the birth parents, which relieves the anxiety and burden that often comes along with having to do so.

Further, the adoptive parents do not have to worry about the birth parents later intruding in their lives and their ability to raise the adopted child as they see fit.

Disadvantages to a Closed Adoption

Some disadvantages do exist for a closed adoption, however. Many times, the adopted child wants to have some knowledge of where he or she came from and what his or her birth parents were like. With a closed adoption, this information is sealed and kept confidential from the child. Therefore, if he or she has later questions about the biological family that only the birth parents can answer, these questions will go unanswered.

If the child later decides that he or she wants to communicate with the birth parents, this process can be nearly impossible for the child, the birth parents or the adopting parents.

If You Are Thinking Adoption, Contact Stuart & Blackwell Today

At Stuart & Blackwell, we understand just how stressful the adoption process can be. We’re here to help you find the path to adoption that’s right for you. Every adoption is as unique as the adoptive parents themselves, but the journey doesn’t have to be harrowing.

We specialize in Arizona adoption law, and we have the experience, knowledge, and compassion to help you welcome your child into your loving home. Contact us at (480) 420 2900 today for your free consultation.

Arizona Adoptions and Termination of Parental Rights

Posted by on Feb 15, 2018 in Adoption | 0 comments

Arizona Adoptions and Termination of Parental Rights

The termination of parental rights is integral to any Arizona adoption. While no adoption can be effected without such termination, the termination of parental rights doesn’t necessarily lead to adoption.

If you’re considering an Arizona adoption, it helps to understand the role that the termination of parental rights will play in the process.

Voluntary Vs. Involuntary Termination

The termination of parental rights can be either voluntary or involuntary.

A voluntary termination is usually a reasonably clear-cut process in which one or both the child’s parents choose to relinquish their parental rights. After the legal documents are executed, the child will either be appointed a guardian or placed in someone’s legal custody (or in the legal custody of an authorized agency). When parental rights are voluntarily terminated, the adoption process often proceeds relatively smoothly.

On the other hand, in an involuntary termination, a third party must petition a court to terminate parental rights. In order to do so, the court must determine that one or both parents are either unfit or that the child’s best interests are served by severing the relationship –usually based on health and safety concerns involving a range of determinative factors (that relate to one or both parents):

  • The parent’s abandonment of the child;
  • The parent’s failure to support or stay in contact with the child;
  • The parent’s chronic abuse (physical or sexual) or neglect of the child;
  • The parent’s debilitating mental disorder; or
  • The parent’s felony conviction.

Termination of Parental Rights Requires Meeting a High Burden of Proof

The involuntary termination of parental rights is a complicated legal process, and even in extreme cases, the petitioner has specific burdens it must pursue before terminating this most basic right. A court may only terminate parental rights if it finds clear and convincing evidence that one of the accepted ground for termination exists.

Their burden includes exhausting all other viable options – such as alternate placement of the child and treatment and corrective services for the parent(s) in question.

If, however, the parent(s) who are at risk of having their parental rights terminated, don’t appear for their court date, the court will consider their absence an admission of the allegations outlined in the petition and may directly proceed with the termination.

The Importance Of Retaining An Attorney

The Arizona adoption process is complex but is an extremely worthwhile and gratifying pursuit. An experienced Arizona adoption attorney can help guide you on the path to opening your heart and your home to a new family member through adoption.

If you are a party who is considering seeking the involuntary termination of parental rights in order to adopt a child, it is essential that you retain an experienced lawyer. These cases are usually hotly contested and require the presentation of significant evidence to be successful.

Likewise, if you are a parent whose parental rights are being threatened, you need to do everything you can to ensure that your case is resolved as favorably as possible. If the allegations against you are completely unfounded, an attorney will usually be able to provide evidence of the frivolous nature of the action and have your case dismissed.

In the event that there is some merit to the claims made in the petition, a lawyer can often help parents take steps to establish that they are fit and that it is in the best interest of the child to remain with them.

Contact Stuart & Blackwell Today

Choosing to adopt is a momentous decision, and the experienced adoption attorneys at Stuart & Blackwell are here to help you every step of the way. Adoption is a complicated process, but our skilled legal team has the compassion and commitment to help you successfully navigate the legal intricacies and grow your family through adoption.

Contact us at 480-420-2900 for a free consultation today.

Adoption Vs. Legal Guardianship Options In Arizona

Posted by on Feb 1, 2018 in Adoption | 0 comments

Adoption Vs. Legal Guardianship Options In Arizona

Many people are confused by the differences between adoption and legal guardianship, but when considering either of these options in Arizona, it’s helpful to better understand some of the details.

When you bring a child into a family – through either adoption or guardianship – you open your heart to an invaluably enriching and rewarding experience. By becoming better informed about the distinctions between the two, you’ll help ensure that your experience goes more smoothly.

Legal Status

In an adoption, the birth parents either voluntarily relinquish their parental rights or have their parental rights terminated by the court. As such, all those parental rights are passed to the adoptive parents.

In other words, adoption – much like giving birth to a child – represents a permanent legal relationship.

Guardianship, on the other hand, doesn’t provide the same level of legal status, and that legal status can vary dependent upon the situation:

• The birth parents’ rights may have been relinquished voluntarily or terminated involuntarily prior to guardianship – but this isn’t always the case.
• If the birth parents haven’t been relieved of their parental rights, they retain the right to request that the court remove their child from guardianship and return him or her to them.
• The guardian takes on the legal responsibility of taking custody of the child and of providing him or her with care and supervision.

Making Decisions Related to the Child

Adoptive parents assume all rights and responsibilities related to making decisions about the adoptive child. A guardian is usually granted the right to make most major decisions, including those related to the child’s education, medical care, and other important life decisions.

The Child’s Legal Name

When you adopt a child, you’re allowed to choose your adoptive child’s name, which means that your child can share your last name. If you become a child’s guardian, the child will usually retain his or her last name.

The Child’s Inheritance

An adopted child has all the rights of inheritance that a child born to you would have (if you have no Will). If you have a valid Will, your adoptive child’s rights will be established via your stated wishes (just as they would be for any children born to you). If a child of whom you are a guardian isn’t specifically included in your will, he or she has no legal rights of inheritance.

Adoptions and guardianships both serve important functions in children’s lives (and in the lives of their adoptive parents and guardians). An experienced Arizona adoption attorney will help you better understand your legal options and the path toward welcoming a child into your home and heart.

The Importance Of Discussing Your Options With An Attorney

While guardianship and adoption are similar, they confer significantly different rights and responsibilities upon either guardians or adoptive parents. In addition, the legal procedures and consequences of the two are vastly different, so it is important to fully consider all of your options.

A lawyer familiar with Arizona adoption and guardian law will be able to walk you through the process and help you determine whether pursuing a guardianship or adoption is appropriate in your case.

In addition, should you already bye the guardian or adoptive parent of a child, a lawyer can be of great assistance in ensuring that your legal relationship reflects your wishes with regard to issues such as benefits, the inheritance of property, or the ability to make important decisions regarding healthcare.

To Learn More About Arizona Adoption and Guardianship, Contact Stuart & Blackwell Today

Choosing to bring a child into your family through either adoption or guardianship is an enriching and rewarding experience, but it’s also a complex process. At Stuart & Blackwell, we work closely with our clients and take the time to fully understand their circumstances and goals. We have a thorough understanding of Arizona adoption law, ensuring we can resolve our clients’ issues quickly, efficiently, and favorably.

Allow the experienced adoption attorneys at Stuart & Blackwell to answer your questions and to knowledgeably guide you on the path toward welcoming a new child into your life. We’re here to help, so schedule your free consultation today by calling 480-420-2900.

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