To claim your adopted child or teenager as a dependent for tax purposes, he or she must have a social security number. If your child already has a number when he or she is adopted, you may either keep the same number or have a new number assigned. If your child is receiving Social Security benefits, Supplemental Security Income payments, or if the child has worked, the Social Security Administration will not assign a new number, but will update the child's record. In any case, you will need to contact the Social Security Administration to be sure the number is registered correctly, reflecting you as the child's parent. To find the nearest local office, visit the Social Security Administration website at www.ssa.gov.
The Indian Child Welfare Act (ICWA) protects the break-up of Native American families through adoption. Every state has its own rules about how to comply with ICWA, and the laws that regulate this are specific and serious. The main thrust of ICWA is that you must ask the biological family about their potential Native American heritage and document their answers. The courts will want proof that this inquiry was made and completed correctly according to the law. This usually involves completing specific, preprinted forms that vary from state to state. If a birth parent has heritage, notice of the adoption must be provided to every band and tribe of eligibility. Identifying and researching the proper person for notice can be laborious and time consuming, especially if you’ve never done it before. An experienced adoption attorney will know which forms must be completed and by whom. She or he will also know where and with whom to file the forms so as to be in compliance with ICWA. The attorney will also know the proper consent documents a birth parent must sign if the child is deemed Native American. The adoption is at risk if ICWA isn’t properly complied with. (See in re Baby Veronica).
There are certain people who may be ineligible to adopt a child based on a variety of factors. If a potential parent has a criminal record of a certain type then they may be precluded from adopting a child. In addition, if the potential parent or parents have a record of abuse of violence in their past, they may also be precluded from adopting a child. The process of adopting a child is incredibly complex and intricate and it cannot be stressed enough that before going through these proceedings you should contact an experienced attorney to be by your side.
Over the years, our attorneys at Coker, Robb & Cannon, Family Lawyers have helped numerous clients make their adoptions dreams a reality, and we take great pride in helping families establish life-long bonds. We proudly serve individuals and families throughout Collin County, Denton County, and the surrounding areas of Texas, and invite you to request an initial consultation by calling (940) 293-2313 or contacting us online.
Processing an adoption can be a scary prospect. For those who’ve never done it before, you don’t know what you don’t know. A lot is at stake and a lot can go wrong. Issues can crop up as new information comes to light. An experienced adoption attorney can anticipate and preclude these issues. A good adoption attorney will help preclude problems, issue spot risks and potential legal roadblocks, and manage the relationship with the biological family. An attorney is also able to help all parties find appropriate resources depending on their circumstances.
Training: Texas provides a 35-hour Parent Resource Information Development Education (PRIDE) course providing instruction regarding basic child care, along with specific considerations that for each prospective adoptive parent. Prospective adoptive parents will also participate in three additional training and certification programs outside of the PRIDE program, each designed to further educate the adoptive parents regarding meeting the needs of their adoptive child.
Choose an attorney with experience in private adoptions. When you interview attorneys, ask if they are a member of the American Academy of Adoption Attorneys or an equivalent state accreditation. If your attorney is not accredited, question her about her specific experience handling private adoptions. The AAAA maintains a directory of accredited adoption attorneys in the United States.
The adoption process can be arduous, forcing you to clear many hurdles before you can finally bring a child home. We will be there with you at every step, providing counsel as you complete applications, advising you regarding home studies and helping you obtain all the necessary documentation to finalize the process. We will handle all matters related to the termination of parental rights, if required, to finalize the adoption. When necessary, we will act as your advocate with birth parents, negotiating agreements to cover medical or other expenses incurred by the birth or care of the child before the adoption.
You should expect to end the process with a child who is a legal member of your family. The entire adoption can take up to 5 years including waiting periods, but it’ll take less time depending on your case. If there are any legal complications or you don’t pass some of the qualifying examinations, the process could take longer. An adoption attorney can guide you through this and potentially expedite the process by knowing who to talk to and what paperwork to file.