Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

A Member of the Law Professor Blogs Network

Saturday, April 21, 2012

Modern Day Adoptions

A new report shows far more open adoptions than closed.  Read more here.

MR

April 21, 2012 in Adoption | Permalink | Comments (2) | TrackBack (0)

Thursday, March 29, 2012

Abduction for Adoption?

From Yahoo! News:

Last month, a Dan Rather Reports producer and crew were in Canberra, Australia as Parliament released the findings of an 18-month-long investigation revealing illegal and unethical tactics used to convince young, unmarried mothers to surrender their babies to adoptive homes from the late 1940s to the 1980s. And we interviewed some of the victims -- adoptees and mothers separated at birth.

Read more, and see a related video, here.

MR

HT: Elizabeth MacDowell

March 29, 2012 in Adoption | Permalink | Comments (1) | TrackBack (0)

Wednesday, February 8, 2012

Protecting Assets by Adopting Lover

From the Daily Mail:

When a man wants to spend the rest of his life with a woman, he often extends an offer to her to become part of his family.

But International Polo Club Palm Beach founder John Goodman, 48, did so in a very unorthodox way.

The multimillionaire trust-fund heir adopted his 42-year-old girlfriend Heather Laruso Hutchins last fall, after being accused of drunk driving in a 2010 accident that left 23-year-old Scott Wilson dead.

Read more here.

MR

February 8, 2012 in Adoption, Current Affairs | Permalink | Comments (1) | TrackBack (0)

Monday, January 23, 2012

British Courts on Adoption of Baby Resulting from Affair

From the Independent:

A Muslim man who had a baby with an unmarried woman has been told that his daughter must remain with an adopted family because there is too great a risk that his love child could become the victim of a so-called “honour killing”.

Three senior judges today ruled that a “desire to preserve the family’s honour” among the mother’s relatives meant placing the child with the father was simply too dangerous.

Describing the case as an “exceptionally difficult adoption proceeding”, the Court of Appeal ruled that a family court judge had been right to insist that the child be brought up by Muslin foster parents for her own safety.

Read more here.

MR

January 23, 2012 in Adoption | Permalink | Comments (1) | TrackBack (0)

Thursday, January 19, 2012

Child Custody Battle under Indian Child Welfare Act

From WLTX.com: 

Lowcountry couple with a Midlands connection is working to get back the little girl they adopted two years ago, after a judge granted custody to the biological father under the Indian Child Welfare Act.

"I'll always remember her crying when we had to - we had to walk out of that office and leave her there," says Melanie Capobianco. Two years ago, she and her husband Matt first helped to welcome Veronica into the world.

According to their website, her birth mother selected the Charleston couple to adopt her and they remain close. They also say her birth father signed a document saying he wouldn't contest the adoption. But after a court battle, Veronica's birth father claimed custody under the Indian Child Welfare Act of 1978.

Read more here.

MR

January 19, 2012 in Adoption | Permalink | Comments (3) | TrackBack (0)

Wednesday, January 18, 2012

Facebook Stalking in Family Law...Again

From the London Telegraph:

The popularity of social networking websites has seen an increase in breaches of guidelines against unplanned contact with hundreds of adopted children unexpectedly hearing from their natural families.

In the worst cases, some young people taken into care in the 1990s have seen relationships with their adoptive families completely break down after hearing from their biological parents.

Read more here.

MR

January 18, 2012 in Adoption, Current Affairs | Permalink | Comments (2) | TrackBack (0)

Tuesday, January 3, 2012

Adoption in England

From the BBC:

A Liberal Democrat MP is claiming up to 1,000 children a year in England are being adopted for the "wrong" reasons and should stay with their families.

John Hemming says the threshold for taking children into care is also often too low.

He is calling for a parliamentary inquiry into the secret court decisions that lead to many adoptions.

But his claims have been strongly disputed by the government's adoption adviser Martin Narey.

Both men have been giving evidence to the Commons Education Committee inquiry into child protection.

Read more here.

MR

January 3, 2012 in Adoption | Permalink | Comments (0) | TrackBack (0)

Monday, January 2, 2012

Private Adoption Agencies in India Shutting Down

From the Times of India:

BANGALORE: Too many regulations and red tape is forcing closure of many private adoption agencies in the city.

Ashraya, a Bangalore-based adoption agency which found home for nearly 3,000 children, is shutting shop on December 31. Many may follow suit.

Sources say that what used to be a one-to-three-month exercise to facilitate adoption has gone up to two years even, thanks to the lengthy procedure.

Read more here.

MR

January 2, 2012 in Adoption | Permalink | Comments (1) | TrackBack (0)

Tuesday, December 27, 2011

Child-Trafficking in China

From the BBC:

Police in China say they have rescued nearly 200 children after uncovering two child-trafficking gangs.

More than 600 people were arrested in raids in 10 Chinese provinces.

A BBC correspondent in Beijing says the staggering numbers in the investigation reveal the scale of the country's child-trafficking problem.

Critics blame China's one-child policy and lax adoption laws, which they say have created a thriving underground market for buying children.

Read more here.

MR

 

December 27, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Tuesday, December 20, 2011

Adoption Fundraising Website

From the Republic:

MURFREESBORO, Tenn. — A Middle Tennessee couple has started a website to connect families who want to adopt with vendors who can help them raise money for the endeavor.

Troy and Amber Lucht of Murfreesboro said they decided to create the site after adopting an Ethiopian boy three years ago. Shortly after bringing him home, they decided to adopt again but needed to raise money for all the expenses and thought about other families who needed help financially with the process.

Troy, who is an Internet developer, came up with the idea to create http://www.olivetreepromise.com as a way to help other families raise enough money to adopt, according to The Daily News Journal (http://on.dnj.com/tCY3rg).  The site connects families to vendors who are interested in helping.

Read more here.

MR

 

December 20, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Thursday, December 15, 2011

Adoption Credits for Same-Sex Couples

From the New York Times:

Since the federal government does not recognize same-sex marriage, such couples are viewed as strangers in many spheres of their financial lives. They need to file separate federal tax returns, for instance.  And sometimes, that can come with certain advantages.

Take the adoption tax credit.  If you adopt your spouse’s child, you cannot claim the credit. But since same-sex married couples are not considered spouses under federal law, they are permitted to use the credit — at least until their unions are recognized.

So when several lesbians seeking to adopt a partner’s child received letters from the Internal Revenue Service that said they could not use the credit, they couldn’t help but wonder: Is the government choosing to recognize our unions only when it’s to the government’s benefit?

As it turns out, the I.R.S. keeps close tabs on many refundable credits: The adoption credit is refundable in 2010 and 2011, which means that the credit reduces the amount of tax you owe, dollar for dollar. And if the amount of the credit exceeds your tax bill, you get to collect that extra cash. Because it’s such an enticing break, it’s also ripe for abuse.

As a result, the I.R.S. conducted more audits by mail last year, and required many couples — gay and heterosexual — to provide more documentation. (In fact, 68 percent of the nearly 100,000 returns on which taxpayers claimed the adoption credit were audited by mail, according to a report by the Government Accountability Office, which reviewed the I.R.S.’s strategy to ensure taxpayers were rightfully claiming the credit.)

Read more here.

MR

December 15, 2011 in Adoption | Permalink | Comments (2) | TrackBack (0)

Wednesday, November 23, 2011

"You can’t choose your sons, but you can choose your sons-in-law"

From the Freakonomics blog:

What happens when the heir to a family business isn’t up to the job? Not great things, apparently. But the Japanese have a solution: adult adoption. Rather than hand the firm to a less-than-worthy blood heir, Japanese families often adopt an adult to take over. This tradition is the subject of Vikas Mehrotra‘s paper “Adoptive Expectations: Rising Sons in Japanese Family Firms,” which is featured in our latest podcast and hour-long Freakonomics Radio special “The Church of Scionology.” (You can download/subscribe at iTunes, get the RSS feed, listen live via the media player, or read the transcript here.) 

America and Japan have the highest rates of adoption in the world – with one big difference. While the vast majority of adoptees in the U.S. are children, they account for just 2% of adoptions in Japan. The other 98% are males around 25 to 30. Mehrotra believes this is the key to one of Japan’s unique differences. Across the developed world, family firms under-perform professionally-run businesses. But in Japan, it’s the opposite. Japan’s strongest companies are led by scions, many of them adopted. “If you compare the performance under different kinds of heirs, blood heirs versus adopted heirs, the superior performance of second-generation managed firms is pretty much entirely attributable to the adopted heir firms.”

Read more here.

MR

November 23, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Saturday, November 19, 2011

National Adoption Day

From the Sacramento Bee:

National Adoption Day 2011 will be held on Saturday, November 19. Celebrated across the United States, more than 350 community events are held each year to finalize the adoptions of children in foster care and celebrate adoptive families.

This year, National Adoption Day will include events ranging from courtroom adoptions to local celebrations, in all 50 states, the District of Columbia, Puerto Rico and Guam. Thanks to the volunteer efforts of adoption advocates, policymakers, judges and lawyers, more than 35,000 children have been adopted from foster care on National Adoption Day during the last 11 years.

Read more here.

MR

November 19, 2011 in Adoption | Permalink | Comments (2) | TrackBack (0)

Tuesday, November 8, 2011

Jurisdiction for Certain Adoption Proceedings

From the StarTribune:

Adoption proceedings for an Indian child whose parents' rights were terminated must take place within state courts, not tribal courts, the Minnesota Supreme Court ordered Wednesday.

In the 4-2 decision, the court reversed two earlier orders granting the White Earth Band of Ojibwe permission to handle the child's adoption within its tribal court.

In its order, the Supreme Court reasoned that under the Indian Child Welfare Act, tribal authority is limited to foster care placement and termination of parental rights -- not adoptive placement.

Read more here.

MR

November 8, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Thursday, November 3, 2011

Adoption in Glee Misleading

From USA Today:

More than 2,600 people are asking Fox TV and its hit series Glee (Tuesdays, 8 p.m. ET/PT) to air public service announcements about the reality of adoption, arguing the show's current story line perpetuates "harmful" myths.

Amber Austin, who adopted a baby boy last year, began an online petition after watching Glee's Sept. 27 episode, in which Quinn (Dianna Agron) vows to get her baby girl back after placing her for adoption. Glee returns Tuesday after a two-week hiatus.

"What really bothers me," Austin says, is the suggestion that birth mothers can simply take back a child.

Read more here.

MR

November 3, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Saturday, October 29, 2011

Nevada Receives Adoption Recognition

From the Nevada Appeal:

The federal Department of Health and Human Services has doubled its adoption program grant to Nevada's Division of Child and Family Services as a reward for increasing the number of children adopted from foster care.

Where last year's award was less than $500,000, this year's total is $995,455 based on 652 finalized adoptions statewide.

DCFS Administrator Diane Comeaux said the money will help finalize adoptions of older youths and the medically fragile.

Under the federal rules, states get $4,000 for every child adopted over and above their best year's total, plus $8,000 for every child aged 9 and older and $4,000 for every special-needs child adopted.

Read more here.

MR

October 29, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Wednesday, October 26, 2011

Only 60 Babies Adopted in England Last Year

Unbelievable news from the Independent:

Only 60 babies were adopted in England last year – startling evidence of how Britain's system for adopting children is grinding to a halt despite record numbers being taken into care.

Thousands of children are being held in limbo in care homes, secure units and temporary fostering because so few adoptions are being signed off by social workers. Their guidance has been to try to keep families together, which has also led to some children being left with negligent or abusive birth parents for too long.

The number of adoptions of babies under the age of one has fallen from 150 in 2007 – and around 4,000 in 1976. Prospects for adopted babies are considered strong, as they have fewer difficulties bonding with new parents.

Read more here.

MR

 

October 26, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Saturday, October 8, 2011

Chinese Officials Fired for Adoption-Process Violations

From the New York Times:

Twelve government employees have been fired and stripped of their Communist Party membership after an investigation into allegations that family planning officials kidnapped children in an impoverished rural area in the southern Chinese province of Hunan, People’s Daily, the party’s official newspaper, reported Thursday.

...

In a scandal that has drawn widespread coverage, parents and grandparents claim that officials from Longhui, a county that is administered by Shaoyang, illegally seized at least 16 children between 1999 and 2006 because of allegations that family planning rules were violated. Caixin Century Weekly, a Chinese magazine,  reported in May that some were later adopted by foreigners.

Read more here.

MR

October 8, 2011 in Adoption | Permalink | Comments (3) | TrackBack (0)

Monday, August 22, 2011

Adoption in VA

From Pilot Online:

Gay rights advocates notched a victory Wednesday when the State Board of Social Services agreed to allow more time for public comment on proposed state adoption standards that lack protection against discrimination against gays and some other prospective parents.

But the extra 30 days granted by the board may do little more than delay the approval of the regulations, which govern private child placement agencies licensed by the state.

The extended comment period will begin next month and continue through Oct. 12, about one week before the next board meeting.

From there, the board has the option to approve the regulations as is or amend them.

Read more here.

MR

August 22, 2011 in Adoption | Permalink | Comments (2) | TrackBack (0)

Monday, July 25, 2011

Adult Adoptions

From MSNBC:

Adult adoptions appear to be rising in America, according to Chuck Johnson, president and CEO of the National Council For Adoption. The advocacy group is the only organization that tallies the number of domestic adoptions taking place in the U.S., said Johnson, though it does not specifically track adult adoptions. Statistics are difficult to compile, experts say, because many states still mandate that adoption court records are sealed and confidential.

“But anecdotally, it does seem to be occurring more frequently,” Johnson said. The most common scenario he sees: former foster children — now adults — who are being adopted by their long-time foster parents. In rare cases, adoption experts say, adults who have lost or are estranged from their biological parents befriend older people who begin to feel like mothers and fathers — and they ultimately seek to legalize that emotional attachment.

Read more here.

MR

 

July 25, 2011 in Adoption | Permalink | Comments (6) | TrackBack (0)