Family Law Prof Blog

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

Saturday, December 28, 2013

Adoption/Foster Care Funds in VA

From Greenwich Time:

Gov. Bob McDonnell is proposing nearly $28 million in state funding in the next two-year budget cycle for the foster care system and adoption efforts.

Read more here.


December 28, 2013 in Adoption | Permalink | Comments (0) | TrackBack (0)

Friday, September 27, 2013

Facebook Adoption

Read about a family adopting thanks to Facebook here.


September 27, 2013 in Adoption | Permalink | Comments (3) | TrackBack (0)

Monday, September 23, 2013

In Re Adoption of C.B.M.: Adoption Must Be Set Aside When Termination Order Is Reversed

In a recent opinion handed down by the Supreme Court of Indiana, the adoption of twin children was set aside after a reversal of the termination of the birth mother’s parental rights.  In re Adoption of C.B.M.,  ---N.E.2d ----, (Ind. 2013).

C.B.M. and C.R.M., fraternal twins who were determined to be children in need of services were removed from their natural mother’s home in 2006.  Id. at *1. Approximately eighteen months later, the termination of parental rights (TPR) proceedings began and were granted six months later “over the strong objections of the twins’ guardian ad litem.”  Id.  The natural mother promptly appealed the judgment.  Id.  A few months later, the foster parents petitioned to adopt the children and the petition was granted approximately ten weeks after that.  Id.  However, after a couple of months had passed, the court of appeals reversed the judgment terminating the birth mother’s parental rights. Id.

The dispute in the supreme court centered on two issues: “whether the adoption mooted Natural Mother’s TPR appeal because of her failure to seek a stay of the TPR judgment pending appeal,” and “whether letting the Twins be adopted without Natural Mother’s notice or consent violated her Due Process rights.”  Id. at *3.  The court considered the situation “no-win” but eventually concluded that the “no-consent adoption that followed on [the] heels” of the TPR judgment “became voidable;” thus the trial court abused its discretion in failing to set aside the adoption. Id. at *8. 

The Indiana Supreme Court held that the birth mother was not required to file a stay of the TPR action “to preserve a meaningful appellate remedy” and that the birth mother was “entitled to relief from the adoption judgment when the TPR was ‘reversed or otherwise vacated’ on appeal.”   Id. at *5-6. 

 For the text of the opinion, click here.


September 23, 2013 in Adoption | Permalink | Comments (3) | TrackBack (0)

Sunday, September 22, 2013

Overseas adoptions rise -- for black American children

From CNN:

Elisa van Meurs grew up with a Polish au pair, speaks fluent Dutch and English and loves horseback riding -- her favorite horse is called Kiki but she also rides Pippi Longstocking, James Bond, and Robin Hood.

She plays tennis and ice hockey, and in the summer likes visiting her grandmother in the Swiss Alps.

"It's really nice to go there because you can walk in the mountains and you can mountain bike ... you can see Edelweiss sometimes," said the 13-year-old, referring to the famous mountain flower that blooms above the tree line.

It's a privileged life unlike that of her birth mother, a woman of African American descent from Indianapolis who had her first child at age 15. Her American family is "really nice but they don't have a lot of money to do stuff," said Elisa, who met her birth mother, and two siblings in 2011. "They were not so rich."

While the number of international adoptions is plummetting-- largely over questions surrounding the origin of children put up for adoption in developing countries -- there is one nation from which parents abroad can adopt a healthy infant in a relatively short time whose family history and medical background is unclouded by doubt: The United States.

For the full article, click here.


September 22, 2013 in Adoption | Permalink | Comments (1) | TrackBack (0)

Monday, July 8, 2013

Iranian Single Women Can Adopt

From Tehran:

TEHRAN – The director of children and adolescence office at the Welfare Organization has announced that a regulation is being introduced that would allow single women over 30 to adopt girls.

Read more here.


July 8, 2013 in Adoption | Permalink | Comments (0) | TrackBack (0)

Monday, February 18, 2013

U.S. Supreme Court Adoption Case

The Supreme Court is hearing an adoption case this term.  Read about it here.


February 18, 2013 in Adoption | Permalink | Comments (0) | TrackBack (0)

Tuesday, February 5, 2013

More on Russian Adoption Ban

Russian President Vladimir Putin signed a controversial measure on Friday, December 28 banning the adoption of Russian children by U. S. families.  This is a significant blow to those wishing to adopt a child, as Russia is the third most popular country for U. S. citizens to adopt.  The law also "bars any political activities by nongovernmental organizations receiving funding from the United States" if the activities could affect Russian interests and "imposes sanctions against U. S. officials thought to have violated human rights."  The law goes into effect on January 1.

Read more here.


February 5, 2013 in Adoption | Permalink | Comments (1) | TrackBack (0)

Saturday, January 19, 2013

Online Adoptions

This story, featured recently on an airing of NPR’s Morning Edition, spotlights the growing trend of online adoption.  More and more birth mothers are taking to the internet to find prospective parents for their unborn children.  As a result, traditional adoption agencies have had to deal with increasingly long client waitlists; some agencies are even advising their clients to create an online presence to help bolster their chances of finding a child faster.  Supporters of this avenue say it is less expensive, faster, and a better way for parents to get involved in the adoption process.  Skeptics are worried about the lack of screening and the ease of birth parents being scammed and conned.

Read more here.


January 19, 2013 in Adoption | Permalink | Comments (5) | TrackBack (0)

Saturday, December 29, 2012

Stalled Adoptions

From the New York Times:

The Carrs are among the 4,000 Americans who found themselves stuck in limbo when Guatemala shut down its international adoption program in January 2008 amid mounting evidence of corruption and child trafficking. Officials here and in Washington promised at the time to process the remaining cases expeditiously.

But officials and prospective parents say that bureaucratic delays, lengthy investigations and casework hobbled by shortages of staff and resources have left hundreds of children stranded in institutions for years. Today, 150 children — including Geovany — are still waiting in orphanages and foster homes here while the Guatemalan authorities weigh whether to approve their adoptions to families in the United States.

Read more here.


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

Tuesday, December 18, 2012

Cambodia Lifts US Adoption Ban


Cambodia has decided to lift its 3-year-old ban on adoptions of children by U.S. citizens, the country's foreign ministry has announced.

Secretary of State Long Visalo made the announcement Monday after meeting with U.S. Ambassador Susan Jacobs, a special adviser for children's issues, the Phnom Penh Post reported.

Read more here.


December 18, 2012 in Adoption | Permalink | Comments (1) | TrackBack (0)

Friday, December 14, 2012

Child Custody Dispute

From ABC News:

A judge has ordered a Utah couple to return their adopted toddler to her biological father after it was revealed that his wife gave up the child without the father's knowledge or permission.

The couple, Jared and Kristi Frei, now has 60 days to return the 21-month-old girl to her father Terry Achane, a U.S. Army drill instructor. But the Freis' lawyer told that they will not give up the girl, whom they call Leah, and will appeal the judge's ruling.

Read more here.


December 14, 2012 in Adoption | Permalink | Comments (0) | TrackBack (0)

Thursday, December 13, 2012

Internet Changing Adoption

For an interesting account of how the internet is changing adoption, Download Adoption1 and Download Adoption2.


Hat Tip: Naomi Cahn

December 13, 2012 in Adoption | Permalink | Comments (0) | TrackBack (0)

Saturday, December 8, 2012

New CT Law


A Windham teen is the first juvenile adopted under a new state law that expands the family court's role in such matters, authorities say.
Read more here.

December 8, 2012 in Adoption | Permalink | Comments (0) | TrackBack (0)

Thursday, November 29, 2012

FCPA Issues in Hosting Foreign Adoption Officials

From the Wall Street Journal:

The Department of Justice blessed a plan by 19 non-profit child-adoption agencies to bring foreign officials to the U.S., saying it wouldn’t violate a U.S. foreign bribery law.

Read more here.


November 29, 2012 in Adoption, Current Affairs | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 27, 2012

Adoption Tax Credit

From Bradenton Herald:

November is designated as Adoption Month in Florida.

Special events are happening all over the state to highlight the number of children available for adoption in Florida. In the 12th Circuit, events are centered around a picnic where potential adoptive families have the opportunity to meet and have fun with some of the local children who are available for adoption. On Nov. 16, the circuit will celebrate Adoption Day in the court where 23 children will be adopted into forever families.

Adoption Month presents an opportune time to take action if you are a family thinking of adoption. Private adoption can cost $30,000 or more. Adopting a child from foster care can have minimal or no out-of-pocket cost. On Dec. 31, 2012, the Federal Adoption Tax Credit expires. Families who adopt a child before the 2012 deadline may qualify for a $12,650 tax credit that can be used against a tax liability for up to five years. After Dec. 31, the only tax assistance available will be a $6,000 non-refundable credit for the adoption of a special needs child.

Read more here.


Read more here:

November 27, 2012 in Adoption | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 7, 2012

Adoption in the Media

From the Huffington Post:

Diggs moved ahead with the adoption after the 30 days passed and sees Morgan regularly. The show premieres with her story and that of Morgan's two dads on Oct. 30, with other segments featuring other same-sex and heterosexual couples.

The series, produced by Tony DiSanto and Liz Gateley, coincides with a heart-wrenching account of domestic adoption gone wrong in the October issue of Vogue magazine, headlined "The Long Wait."

New York writer Jennifer Gilmore chronicles her failed attempts to conceive with her husband and their two years of trying to arrange an open adoption, so their baby's biological parents could be part of their lives. The difference: This story's ending wasn't a happy one for the childless couple.

Read more here.


November 7, 2012 in Adoption | Permalink | Comments (1) | TrackBack (0)

Saturday, November 3, 2012

Adoption in Northern Ireland

A judge in Belfast has ruled gay and unmarried couples in Northern Ireland can now adopt children.  The ruling overturns a 1987 law that discriminated against both groups.  The judge stated the law “violated human rights laws on privacy and discrimination.”  Read more here in the Washington Post.


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

Thursday, October 25, 2012

Adoption Subsidies

A new blog post at the Huffington Post, written by Adam Pertman and Georgia Deoudes, highlights the importance of the Adoption Assistance and Child Welfare Act of 1980.  The Act, which requires states to provide subsidies to parents who are forming families through adoption, help a large percentage of low-income households.  Nationally, 46% of families adopting from care “are at or below 200% of the poverty level.”

Read more here.


October 25, 2012 in Adoption | Permalink | Comments (2) | TrackBack (0)

Saturday, July 14, 2012

Adoptions in MN


ST. PAUL, Minn. (AP) — Minnesota leads the country in the number of international adoptions per capita, but tighter regulations have caused those numbers to drop sharply in recent years.

That's left families adrift and forced one of the state's oldest agencies to scale back on the number of adoptions it arranges.

The number of foreign children adopted by Americans has plummeted from 22,991 in 2004 to 9,319 in 2011, according to U.S. State Department statistics. Minnesota has experienced a similar decline. In 2005, the state reported 923 international adoptions. The number has fallen every year since then, reaching a low of 355 adoptions last year.

Read more here.


July 14, 2012 in Adoption | Permalink | Comments (1) | TrackBack (0)

Wednesday, June 27, 2012

Irish Adoptions in FL

From Irish Central:

Childless Irish couples are flocking to the sunshine state of Florida to adopt babies, according to new figures.

Statistics released by Ireland’s Minister for Children Frances Fitzgerald reveal the increase in Florida adoptions.

The figures from Fitzgerald’s department reveal that 17 babies were adopted by Irish couples there in 2011.

Read more here.


June 27, 2012 in Adoption | Permalink | Comments (1) | TrackBack (0)