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Adoption Questions and Answers

Wednesday, August 24th, 2011

I was hoping someone could help fill me within on adopting a child in the state of California. I am a single female beside a stable income and home. How old must you be to adopt a child? Can you adopt a child that is unborn? (Such as one from a teen…

I think it would be best if your friend sought an adoption lawyer who is trained in an nouns like this. The average Y!A user just won’t have the ease to deal with your particular valise, as it seems very unusual. Source(s): adult adoptee We own adopted from China through official channels, we have a local agency as our…

I would like to look into foster care to adopt a child. It’s something I’ve wanted to do for a while very soon. My question is really this: I’ve just read a couple questions and answers contained by here. Some people say that if you “want” to do it, then you are mortal selfish. How…

Hi, DH and I have been contemplating adopting for some time very soon. We are considering adopting two boys (age 3+) through the WACAP waiting child program. Two questions: 1) Has anyone done this? If so, how much did you spend–total? 2) In terms of adopt from Russia, regardless of agency/program used, how much did you…

My moms question is adopting her grandson. From parents that cant care for him. How long does it thieve for adoption to go through if the parents are willing to give him up? Laws are different from state to state I believe if you sign the paper there may be 6 months the parents can metamorphose there mind…

My hubby and I are adopting his nephew (sister’s baby) in a few months. He is caught up surrounded by foster care and we are trying to get him out. The baby is 5 months out-of-date. This is his sisters 5t child and none of them are with her, she is heavy in…

In 2004 my mother died, and my sister was living with her father. However, a year later he lost custody of her because he be dealing drugs. My maternal grandmother was supposed to get custody of her, but she granted that she was to sick. When I finally turned 18 I called around looking up for information, however they told me…

I my friends (couple) passed away in an accident, they have a 21 yr hoary son whom am very fond of, i want to know if its possible to adopt him, what the process is and how long it is, also, is it compulsory for him to take my name or can he hold his last name, i would appreciate…

I know the adoption process is generally longwinded and very thorough and surrounded by legalities and things, but I am just curious is it even harder to adopt a special requirements child (say down syndrome or autistic or something)? or is it about the same process really? It is the same process but you would receive placement of a child…

im willing to be adopted to a family contained by winnipeg. I live in thompson MB. This is just a question and its not for existing, i just want to know if there are other familys looking for a child at my age and gender. …

Okay my son will be 18 this year and he wants to be adopted by his stepfather. At what age does he no longer need his biological father’s consent to be adopt? It would be under Missouri state laws. Please provide how you know the answer, too. Thanks. Woah, tell me when you find out. I’m 15 and I have…

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ok so my boyfriend and i decided to put our daughter up for adoption once shes born. i dont want to but i know this is the only way to save my boyfriend. do you think he’ll change his mind about wanting to tender her away once she’s born? Your boyfriend is just trying to avoid taking responsibility. He will…

I am preg with my 3rd child my first son died at 7 weeks 7 years ago i do have a healthy lil girl at age 5 but i am preg for the 3rd time an i am scraed the means of access the economey is i wnt to gve all the oppertiniutes in the world to…

Okay so yeah ^^. my mom was wondering if anyone knows any good agencies for long residence fostering in virginia, or any websites we could look for information and numbers to call to get into the process. We are still surrounded by the mids of figuring out whether adopting a teen or long term fostering would be best….

I am searching for my birth mother. i was born february 28th 1989 at st.mary’s in duluth minnesota. i be born prematurely at approximately 37 weeks. birth mother gave the name of the father but was unsure that he be indeed the father. it was a closed adoption no name of birth mother was given. she be born april 11 1962…

Ok I’m really confused about adoption I’m only 11 ( I know I have to hang around 10 more years) but how much does it cost to get a newborn from either Korea or china, do you get to pick out your newborn, do you get to name your baby, and how matured does the baby have to be thanks …

I have 3 kids and want to adopt an older kid (because babies are always adopted) my oldest is 5 and I will be 30 surrounded by December. What are the age requirements in Oregon for adoption? Most states say 21 yrs. In my area babies are not other the preferred age to adopt. It ranges anywhere from…

I am a 16 year old, who just recently found out that i am pregnant. Abortion is not something i would close to to consider. But i feel i am not ready to take on the roles as a parent, financially, physically or mentally. I am curios to know everything in that is to know about canadian adoptions. agencies close…

hello my name is deatta and cousin is wanting to adopt a baby but i have a query if the birthmother dont want money out of it how much would adoption be in nebraska? how much would the court fee’s be in nebraska for adoption? remember the birth mom dont want no money out of it. thankyou all…

An 18 year old friend of my daughter is pregnant and doesn’t want her baby. What do i have to do to adopt that babe? Do i have to go thru an agency? Is there a passageway to legally adopt this baby w/o going…

I heard that adoption for 5 or higher is scarce, and i understand. But i enjoy had enough of my mother. Every day is close to a living hell. But i wont go into many details except that i have be physically abused. I have also heard that it takes issues to grow into the exotic family’s home, but i…

My family was recently contacted by someone claiming to be my spouse’s long lost sibling, their mother supposedly put him up for adoption in the past going on to marry and have my spouse. He has promised to send over the adoption papers and I want to know if nearby is any way…

Is it possible for an American to adopt a child from Britain if the child is a family member? The child is my husband’s niece (daughter of his stepsister). She moved with her father (who’s British) to Britain from South Africa contained by 2007 after her mother’s death. We used to visit South Africa as a family twice a year…

I’ve always known I was adopt. On my 16th bday my mom came to me and told me a bit about my birth mother. How much of it is true I do not know because she really wasn’t sure she was told my birth mother be about 15 and on drugs. She also told me…

the question is is this right for the adoption service to do this.. my mom was fighting for custody of my sister’s little one. She lost it cause the adoption people told her that since her baby is partly black, she belongs to a black family. (my mom/sister are white), since the baby has a father that’s black, she…

My husband and I are wondering what we should expect from an adoption home study? Also, we will be renovating our house (it’s very 1980’s right now and could really use a new kitchen) within the next 5-6 months. Is it best to wait until this is done before have them through? Thanks! I…

Hi guys, whats going on there? Well, I have got homework, to wish something about international adoptions. I sought on google, different adoption agency’s, but I have not found anything intelligent Anyways, I wanna know,if it is possible, to agree to a child adopt with the age of 15/16 in the USA, from another country…

I’m American and am looking for information of adopting a child from Italy. We would really like an infant but someone told me it would be over ,000 dollars. Looking for any information Italy does not have an international adoption program ETA having Italian ancestors does not entitle you to a child from Italy. why not adopt a child out of…

my aunt adopted and the boy looks so different from the family. his friends make fun of him because he doesnt look resembling anyone related to him. he knows hes adopted and hes 6. is within anything that my family can do to stop the idiotic and mean things society do. they treat him differently. older people too obviously. how can…

We adopted a newborn baby boy in 1997. His mother get pregnant again and the agency asked us if we wanted our sons brother in 1999, as the birth Mother hoped they could stay together. We gladly said yes! In 2001, we be contacted and told the…

More Adoption questions please visit : BabyFreeFAQ.com

BabyFreeFAQ.com

Adoption, the works

Monday, August 15th, 2011

Adoption in England and Wales is governed completely by statute. On 30 December 2005, the principle statute governing adoption, the was fully implemented. It represents the most radical overhaul of adoption law for 26 years, replacing the outdated thereby making the child’s welfare paramount and modernising the entire legal framework for domestic and inter-country adoption. The law on adoption is now in a much better position then it used to be, thanks to the ten years worth of reform proposals.

 

“In December 2000 the Government published a White Paper on adoption (Adoption – a new approach; Cm 5017, Department of Health, December 2000). This set out the Government’s plans to promote greater use of adoption, improve the performance of the adoption service, and put children at the centre of the adoption process. The White Paper built on the proposals of the Prime Minister’s Adoption Review, which were published for consultation in July 2000 (Prime Minister’s Review: Adoption; Performance and Innovation Unit, July 2000). The White Paper included a commitment to introduce new adoption legislation in 2001.

 

The Government believes that the interests and welfare of a child (throughout his/her life) should be the focus of the adoption since it has lifelong implications. For this purpose the Act makes the welfare of the child the paramount consideration for courts and adoption agencies in decision-making relating to adoption. The has updated the law to align adoption law with the . The Act has improved performance of adoption services and promotes greater use of adoption for looked after children. The Act also introduces some amendments to the . A feature of these amendments, contained in is the range of alternatives to adoption that might nevertheless provide varying degrees of permanence and legal certainty. ‘[1]

 

Foremost, the Act aims to encourage more people to apply to adopt and build confidence in the adopter assessment process. The Government is now committed to provide an independent review where an adoption agency intends to turn down a prospective adopter’s application. The Act also includes powers enabling the appropriate Minister to establish a mechanism, which may be run by an independent body, to review qualifying adoption agency’s determinations. The intention is that the independent review mechanism will review, at a prospective adopter’s request, applications that adoption agencies have indicated they are not in favour. It is also intended to use the independent review mechanism to review qualifying adoption agency determinations about the disclosure of information concerning a person’s adoption. The mechanism could be used to review other determinations made by adoption agencies. This places a duty on local authorities to make arrangements for the provision of adoption support services, as specified in regulations. This duty will be used to deliver the new framework for adoption support services (including financial support) It also provides a new right to request and receive an assessment of needs for adoption support services. The assessment will link with other local authority functions and local education authorities and health services, where such needs are identified, with the aim of identifying a coordinated package of support to help adoptions succeed.[2]  Adoption is defined like so by Wikipedia as:

 

‘A process whereby a person assumes the parenting for another who is not their child and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents’.

 

Under the new act, the effect of an adoption order is still to irrevocably transfer the child from one family to another by severing the ties between the biological family and the child. I feel the new Act is to a large extent fair as one of its main aims are to enable more children to be adopted, mainly by relaxing the pre-requirements of potential adopters. It therefore becomes a more child centered system. It looks at ensuring birth parents understand the impact of consenting to an adoption. In takes into account the length of time disputes take to be settled and looks to resolving them early so that adoption itself does not become a fait accompli. Previously children had next to no say on adoption proceedings. Today the voice of the child can be heard through reports to the court. Now there is also an effective case management system to reduce delay in the decision making process.

 

They propose to achieve these aims through proceedings under the Act which are subject to the overriding objectiveset out in of enabling the court to deal with cases justly, and is expressed to include that: [3]

·         Parties are on an equal footing           
·         Cases are dealt with in ways which are proportionate to the importance and complexity of issues
·         Cases are dealt with expeditiously and fairly
·         Cases are allotted an appropriate share of court resources

 

This is also in line with the no delay principle under the . . It is also emphasized by the ‘paramountcy principle’

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which obliges the court and agency to make decisions on whether to dispense with the consent of the birth parent if deemed incapable on grounds such as mental illness. It also obliges the court or adoption agency to consider that in general any delay is likely to prejudice the child. of the Act provides a welfare checklist tailored to the particular circumstances of adoption that must be adhered to by the court and adoption agencies. In doing so, the Act aligns adoption legislation with the relevant provisions of the .

 

obliges the Court to consider that delay in decision-making is likely to prejudice the welfare of the child. This provision is further supported by which imposes a duty on the court to manage cases by drawing up a timetable and giving directions for the purpose of ensuring that the timetable is adhered to. Avoidance of delay is further ensured by the which provide a procedural code for the operation of the Adoption and Children Act in all three tiers of court in England and Wales. [4]

 

The role played by judges can be seen in placement orders, which involve the child living with his or her prospective adopters for a specific period that acts as a trial run. The judges are expected to communicate closely with adoption agencies and local authorities and ensure that the child is placed with suitable and capable parents, taking into account special needs like learning or physical disabilities. If the child has physical disabilities, is the home the child is being placed in conducive for his or her growth? Does the family the child is being placed with have sufficient financial resources to cater to the child’s learning needs?

 

The children will only be placed (more permanent nature) if the criteria are met. For instance what impact would a ten year Chinese speaking Asian child have if he or she was placed in the home of say an English speaking American family, as opposed to a situation where an infant of Chinese origin is placed with that same English speaking American family? In terms of language and communication the infant would definitely be able to adjust better as opposed to the older ten year old child.

 

The discretion of the judges arises where parental consent is a concern before placement and or adoption orders are made. Judges can order the removal of a child from the custody of his or her biological parents even if they disagree. An example of this would be when the parent(s) is or are incapacitated. Another example would be if a parent is unfit to be the care giver of his or her child, especially so for drug dependents or other deviants. Judges also have the discretion to determine post adoption visiting rights in spite of whether adopters agree or disagree. Most adopters prefer the child to have a clean break, and prefer not having any form much less regular interferences from the biological or birth parents. After all isn’t adoption the severance of biological ties? But then again this may not be in the best interest of the child, since the well being of the child is of paramount importance in the .

 

An illustration of the discretionary role the judges possess can be found in the following case, Re S (Adoption Order or Special Guardianship Order)[5], where a post adoption contract with the birth parents is desirable if both parties have agreed to maintain the right to visitation. The Court of Appeal pointed out that special guardianship orders fall within the and the well known provisions of act apply to them. The child’s welfare shall be the court’s paramount consideration. The court must show due regard to his ascertainable wishes and feelings, his physical, emotional and educational needs, the likely effect on him of any change in his circumstances, his age, sex, background and relevant characteristics. if not also caused by any harm which he has suffered, and how capable each of his parents, and any other relevant person, is of meeting his needs. There is a halfway house position when the court considers that an adoption order should not be granted against the welfare of the child, and where a guardianship order or a residents order will better protect the child’s welfare. Judgment was given in this case alongside the case of 6] and the case of  Re MJ where both were dealing with the same point of law. Where in was an appeal by a mother against an order placing her child for adoption with her half-sister. She argued that the half-sister should be appointed as special guardian instead. The appeal was dismissed. Whereas in it was an appeal by parents against an order dispensing with the need for their. consent to adoption on the grounds that it was being unreasonably withheld. The appeal was dismissed.

 

There is also the case of (adoption leave provision) where the responsibility of the birth parents is not extinguished until the final adoption order is makes it impossible to get back custody of the child.

 

Now there is a new question of whether an adoption has withstood the challenge posed by the European convention of human rights and fundamental freedoms? Will adoption stand in the face of the brave new world of human rights or will it solemnly retreat?

of the European Convention on Human Rights provides:[8]

 

1. Everyone has the right to respect for his private and family life …

2. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society … for the protection of health or morals, or for the protection of the rights and freedoms of others.

 

enshrines the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal.[9]

 

The human rights issues arise due to the fact that adoption in itself is the severing of all ties between adopted children and their biological parents. What then happens to the right to one’s family life? The biological parents may not want their ties to be severed. Occasions like these usually entail a situation where a child is removed from the custody of his/her parents due to the fact that they are pronounced incompetent to be parents. It’s not just the parents whose rights are in question because even the child does not have an absolute say in adoption proceedings. The final decision making power still lies with the judiciary. Example .[10] where the father was not informed of the proceeding because the mothers request for confidentiality carried more weight.

 

On the surface there appears to be a breach of human rights, but these breaches have been justified by the spirit and intendment of the Act, hitting the ball right back home to the doorstep of the child’s welfare. At the point in time when the adoption proceedings are taking place, the child may not be mature enough to make a decision of such magnitude. Therefore, the courts take this heavy burden upon themselves with advice from adoption agencies and local authorities.

 

To make up for this apparent breach in human rights, the has made provisions to enable adopted children from closed adoptions a way to get in touch with biological family members. Once eighteen years of age, adopted children may obtain an original copy of their birth certificate from the adoption agencies that placed them and the local authorities that oversaw it. Also the Registrar General is required to maintain an ‘adopted children’s register where relatives of the adopted child can leave messages for him or her This has been encouraged for the following reasons:

 

allowing them to do so gives them a sense of self. Knowing their past helps them settle into the future
Knowledge of genetic history has proven useful especially where there are any health concern.
Knowing about their birth parents helps obtain a sense of cultural identity.

 

Despite the fact that there is such an overwhelming need for a loving and supportive family unit, the need for this piece of legislation would seem like a no-brainer. However, there still are concerns about the erosion of family values with regards to the potential parents’ sexual orientation, gender identity or marital status. There is a small section of society that doesn’t think and or feel its morally or religiously justified for homosexual couples to adopt as it sends out the wrong message, and appears to be promoting a sinful way of life. There are others still who feel single parents shouldn’t be allowed to adopt because the ‘family unit picture becomes flawed’ since in their minds its not a family if it doesn’t consist of a ‘mummy and a daddy’. I, on the other hand am of the view that having people to love you and care for you, people to call family and a place to call home is far greater then who these people are and what their sexual orientation or gender is, or how many of them there are. Better one parent then none.

 

In a nutshell, the is to a large extent fair. However, the implementation of the law does raise some human rights issues which on the whole is fairly justified from a family values perspective. I believe every child deserves a family.

CASES:

Re S (Adoption Order or Special Guardianship Order) [2007] 1 FLR

Re AJ [2007] EWCA Civ 55

Re MJ [2007] EWCA Civ 56

PC and S v UK (2002)

TREATIES:

SECONDARY SOURCES:

Family Law, University of London Subject Guide, R. Jago, 2008

Palgrave & McMillian Core Statutes Family Law

http://www.dcsf.gov.uk/everychildmatters/safeguardingandsocialcare/childrenincare/adoption/childrenact2002/act2002/

Her Majesty Courts Service : A Quick Guide to the Adoption and Children Act (2002)

Deborah Cullen, Secretary to the Legal Group, British Agencies for Adoption & Fostering (http://www.familylawweek.co.uk/site.aspx?i=ed340)

http://www.womensaid.org.uk/domestic_violence_topic.asp?section=0001000100220002§ionTitle=Children

 

[1] www.booksites.net/download/brammer/student_files/…/adoption.doc

[2] http://www.opsi.gov.uk/acts/acts2002/en/

[3] Her Majesty Courts Service: A quick guide to Adoption and Children Act (2002)

[4] www.ag.gov.au/agd/…Paramountcy…/13+Jan+Paramountcy.pdf

[5] [2007] 1 FLR                                                                                                                  

[6] [2007] EWCA Civ 55

[7] [2007] EWCA Civ 56

[8] http://www.murraystable.com/news-articles/articles/adoption-human-rights-seminar-paper

[9] http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights

[10] (2002)

GRACE SUBATHIRAI

Open Adoption: 5 Things You Should Understand

Thursday, August 4th, 2011

Open adoption, closed adoption, semi-open adoption, these types of adoption can bring happiness or sorrow depending on the adoption agency you use.  Bottom line:  it’s the adoption agency that either helps you continue with the open adoption or makes a mess of things and provides no after placement services at all.  Here are five important rules to follow when working with an open adoption agency.

The adoption agency is licensed.  Don’t be fooled, make sure your adoption agency has a license and it is up to date.  A licensed adoption agency must file with the state and if they are not honest, you can make a complaint to the state.  Ask for the names and educational degrees of the workers, you will want to work with a licensed clinical social worker (LCSW) and/or a social worker in your adoption process.  These people have had extensive training in social work and they should be very familiar with open adoption concerns, needs and goals.
More selection.  Licensed adoption agencies are more apt to have a greater clientele, more adoption parents, birth mothers and those wanting to place their child.  The adoption agency makes sure of an adoption couple’s background by requiring finger printing and information being sent to the FBI and local enforcement agencies for a background check.  The adoption agency understands the birth mother’s needs, and in an open adoption makes suggestions, gives ideas and recommendations.  The birth mothers and adopting families who work with adoption agencies in their open adoption process, have more trust in the adoption agency and process, are usually treated with more respect and have qualified legal, counseling, and other staff to help with the open adoption plan.
Payment of expenses.  A licensed adoption agency will have a normal fee schedule worked out and set in place; they won’t look at you and up the price.  The adoption agency understands the laws and regulations surrounding open adoptions in various states.  The adoption agency also ensures expenses and fees charged to the adoption family are only spent on those items that are legally approved.  The agency is concerned that the adopting family’s money is paid only for legally authorized expenses from the state.  They can advise both birth mother and adoption family of what constitutes “selling” the baby.  For an open adoption to work properly neither party should feel like the baby was “sold”.  If these feeling occur, the open adoption communication and trust disappears.
Open adoption.  If the birth mother and/or the adoption family want an open adoption, it is vital that they work through a licensed adoption agency that is familiar with open adoptions and semi-open adoptions.  Research is showing that an open adoption is healthy for adopting couple, the birth mother and the child involved.  Adoption agencies who work with open adoptions usually have years of experience in dealing with this kind of adoption and can advise all parties of the pros and cons as the birth mother and adopting family make their decision.  A licensed adoption agency should have a post adoption service which helps mediate open adoption concerns if and when they happen.  The adoption agency can help in bringing both parties together for a communication session and counseling, if needed.
Trust in the adoption agency.  Trust is vital in working with any licensed adoption agency and choosing an open adoption option.  Trust means you have confidence, conviction, hope and belief in the adoption agency you have chosen.  Trust can be a fleeting thing if the adoption agency does not live up to expectations, lies or exaggerates or allows the adoption family or birth mother to lie, exaggerate or change rules in the middle of the adoption.  In order to develop a trust in your licensed adoption agency, find out how long they have been in business (you don’t want them to disappear after they have taken your money).  Ask for referrals and be sure to contact these adoption agency referrals and see how open adoption has worked for them and what kind of service they received from the adoption agency.  Call or meet with several licensed adoption agencies to see how they handle open adoption–note what they encourage you to do, how much pressure they apply and if you feel they are open and honest.  Call and ask for the adoption agency’s open adoption information they provide to prospective clients, then analyze it, look at their mission statement, see if they say they enjoy handling open adoptions, or if they encourage private or semi-open adoptions.  Get some statistics; ask for the number of successful adoptions they handled in the previous years, whether those adoptions were open adoptions or semi-open adoptions, how many adoption families and birth mothers they are providing counseling to in the post adoption phase and how long the post adoption counseling continues.  Check with the state and better business bureau to see if the adoption agency has complaints made against them and how many and for what.  An adoption agency with more than one or two complaints might signal concerns.  Check to see if the adoption agency belongs to national adoption associations and national open adoption associations, and be sure and find all the information you can on the internet.  By carefully knowing the background of your adoption agency, you will be able to feel more trust during the adoption process.

In considering an open adoption, I hope you will take time to study the issues, make some important “child” centered decisions and focus your efforts during the adoption process to be understanding and understood.

 

As the grandmother of two and aunt to another adopted child, Susan has been writing, editing, training, designing and working for various business firms and news agencies for the last 32 years.  I have written thousands of articles, developed corporate newspapers and newsletters, designed media kits, public relations focus to achieve success.  In addition to writing for various companies, I served in local government as a City Councilmember and presently serve as the Board Chair of a .9 million Sewer District.  I can be reached at http://susantannerholmes.com/


Facebook and Divorce

Sunday, October 31st, 2010

CNN ran an interesting article captioned “Divorce attorneys catching cheaters on Facebook.” The article described an attorney using Facebook data in court to attack a parent’s credibility as a witness. The parent claimed he didn’t drink alcohol, but his Facebook account showed recent photos of him drinking beer. This destroyed the witnesses credibility.

Facebook, social media, and picture messaging have all become regular subjects in family law court proceedings. We are using evidence gathered from these sources on a frequent basis. People are extremely comfortable posting details about their life to their friends – even details that they would be uncomfortable speaking about under oath. Most of us, however, do not fully understand the public nature of the websites and communication tools that we indulge in during our daily lives.

For clients going through a divorce, custody or adoption proceeding (or even those simply contemplating one), we suggest that they refrain from posting detailed personal information on social networking sites. Moreover, before sending any pictures or suggestive messages, it is best to consider the consequences of that information becoming public. As they say, once something hits the internet, it is there forever!

Creative Resources to Make your Adoption Affordable

Sunday, February 7th, 2010

The number one reason otherwise qualified families state for not moving forward in their
adoption is because of funds. They are ready to love a child through adoption, but are unable to adopt the child that they have always wanted due to money concerns. As sad as this is, we faced the same thing 20 years ago and found if there is a will there is a way.

Adoptions can be expensive, running from around $12,000 to $25,000 for home studies, agency fees, legal representation costs, facilitation fees and travel, among other items. What many people don’t realize is that there are alternatives for adoption funding.

Most people don’t think twice about signing loan papers for a car, but don’t want to do the same for an adoption. An adoption will last longer than the car and give more joy over a lifetime. The following information is to help you find a way to get started sooner than later and find a way to adopt no matter what your financial situation is.

Getting creative with funding is the key to financing the adoption you’ve been dreaming
about. Working toward adding a child to your family may not be easy, but it will be well
worth the effort taken to find these resources. Some families are finding through these suggestions they are able to adopt for free or for less than they had ever expected. Remember you get out what you put in, so the more research you do, the better you will be at finding money for your adoption.

Employer’s adoption benefit – The first thing you want to check into is your employee adoption benefit- this is becoming more popular and more small and medium size companies are offering some type of adoption credit for their employees. For example, Verizon has a $10,000 adoption benefit, and Pepsi has a generous adoption benefit as well. Small companies have found tax benefits to offering these adoption incentives to their benefit package – ask your Human Resource Dept for
details. Or visit Adoption-Friendly Workplace Program. They offer free materials to help
people advocate for adoption benefits in their workplace. Call 877-777-4222 for details.

The Federal Tax Credit is over $10,000. To learn more about this credit, visit Let’s Talk Adoption for an audio interview with a Tax Specialist explaining the details about the adoption tax credit and what you can and can’t deduct. Or, visit IRS for forms.

Savings- sounds simple, but you have to start somewhere and it will help motivate you to add to it. If you have made the decision to adopt, start saving money right away; the sooner the better. Just cutting back on Starbucks lattes can help – at $5 a day you can stash enough to get you started.

Raising Money With Online Auctions – Go through your garage, attic and house for treasures and unused items that you have stowed away and forgotten about. Ask friends for donations of items they don’t want. Run a free ad to ask for donations for funding your adoption. Selling these online through auction can aid you in raising a good amount of money. Try Ebay or Craigs List.

Have a Yard Sale – Whatever you cannot sell online, you may be able to sell at a yard sale. Ask relatives and friends if they have any old usable items that they can donate toward your “Adoption Yard Sale.” Two hopeful adoptive mothers I know created banners to hang over their garage – stating they were funding their adoption and neighbors and other community families donated boxes and also bought at top dollar to
help them. Be sure to keep your signs all looking the same and mentioning Adoption Garage Sale. You might also make up flyers to pass around at church, local schools, and work.

Adoption Grants – Though you may not be aware of them, there are some grants that perhaps may help with some of the expense of adopting a child. Many of these grants will help cover international adoptions, or adoptions of special needs adoptions. Most grants range from $2,000 – $5,000, but can go much higher if you fit the requirements. Often, these grants are need-based. Some are faith based – a list is
included the book Adopting Online found online or you may request a copy from your library. African American Adoptions offers grants for African
American infant and older child adoptions to qualifying adoptive parents

Adoption Loans and Lines of Credit – Loan programs geared toward adoption are another alternative many prospective adoptive parents are unaware of. An adoption loan makes it possible to have the money needed to adopt a child now. It also allows you to repay the loan in payments. A line of credit can be even better, as you only borrow when you need it. This is a great idea if you simply do not have a large amount of cash on hand to fund an adoption, and payments would make adoption a great deal more affordable and allow you to get started faster. You might also ask your parents for a loan to help you adopt. Depending on the relationship, this might be the best way to get started and pay your adoption loan back. Visit Adoption Financing Information, they have more than one program and can also help families with less than perfect credit.

Plan a Fundraiser – some families have successfully planned a Spaghetti Feed at their church. You might ask for donations of food and plan a silent auction from local businesses that want the extra exposure.

Set up an “adoption walkathon” – ask friends and family to pledge a dollar per mile to help bring your child or baby home through adoption.

For any successful fundraiser, be sure to contact the local press, including radio stations for interviews and to post your event on www.craigslist.com and in flyers at local schools, churches, businesses and remember to let friends and family members know.

There are several ways to raise the money needed for adoption if you are creative. Having a yard sale or raising money through online auctions may not seem like it would bring you a lot of help, but it will. One mother I helped raised over $1,200 on one garage sale and over $2,500 on her online auctions. Two hours per night is all it takes to sell in online auctions. An exceptional amount can be raised if friends and family donate items to your cause. You might be surprised at how the extra items can make a difference.
Any amount helps, and if you still find yourself short of what you need, there are grants
and loans to help you obtain the money you need.

Remember the tax credit and employer benefits – these are the first to investigate.

With a little foresight and planning and the many adoption funding options available today, the average family has a chance to bring the light of love into their home with the adoption of a child. Families are able to adopt for much less than they might have thought. There are so many children out there that need the warm and secure home you have to offer; why not take advantage of every funding alternative available to you?
Completing your family circle with an adoption will soon be more than just a dream!

Mardie Caldwell, C.O.A.P. is a Certified Open Adoption Practitioner, an award winning author of 2 adoption books Adopting Online and Adoption: Your Step-by-Step Guide. Mardie is also the talk show host of Let’s Talk Adoption.com with Mardie Caldwell and the founder of Lifetime Adoption in 1986. She travels and speaks nationwide on adoption topics, family topics, infertility and writing. She has been quoted in and consulted for Parenting and Adoption magazines and has appeared on CNN, CBS, ABC, BBC, NBC, and Fox. Featured in Parade Magazine, Caldwell is an adoptive mother living in Northern California.

How the adoption tax credit works

Wednesday, January 27th, 2010

The decision to adopt is one of the most exciting moments in one’s life. Yet, financing an adoption is an overwhelming stress for most adoptive families. The costs involved in the adoption process can be devastating, and prospective adoptive parents may get discouraged.

The Adoption Tax Credit is one of the valuable funding options available to prospective adoptive families, but also one of the most intricate tax law provisions. Received by the Internal Revenue Service (IRS), the Adoption Tax Credit asserts that the adoption expenses are subtracted against the yearly tax liability. However, adoptive families need to learn what the tax credit covers, what the directly related adoption expenses are, who qualifies, and how the provision works.

The tax credit is applicable both to domestic and international adoptions. For a domestic adoption, adoptive families can claim the credit regardless if the adoption process is not finalized. Instead, for an international adoption, adoptive families cannot apply for the credit until the adoption process is finalized. In case the adoption process of an international adoption is interrupted, families may claim the adoption expenses to the maximum amount that may be credited on a second adoption.

Eligibility requirements of the adoption tax credit require that adoptive families have adopted an eligible child and that they have paid qualified expenses on their own. The tax credit defines as eligible any child younger than 17 or any child who is US citizen, or resident alien, mentally and physically incapable of taking care of oneself.

If the adopted child is a US citizen or resident alien, adoptive parents collect the credit for qualified expenses based on when the adoption was finalized. For example, for expenses paid before the adoption is finalized, tax credit is collected the next year; for expenses  paid the same year that the adoption is finalized, tax credit is collected the same year; for expenses paid after the adoption is finalized, tax credit is paid the year the expenses are made.

If the adopted child is a foreigner, adoptive parents collect the credit for qualified expenses the same year that the adoption is finalized. Also, for any expenses made after the finalization of the adoption, adoptive families are eligible for collecting tax credit the same year that they made the expenses.

The IRS (Publication 968) defines as directly related adoption expenses the adoption fees, legal fees, transportation fees, meals, and accommodation expenses provided they are all “reasonable and necessary.” Prospective adoptive parents should revise the IRS guidelines very carefully with a tax expert so that they are sure about the expenses they are eligible to claim. For example, expenses related to surrogate families are not included in the qualified expenses for the tax credit. Also, expenses that are already reimbursed by private programs such as employee benefits are not qualified either.

Currently, the States of Arizona, California, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Missouri, New Mexico, North Dakota, Oklahoma, Utah, West Virginia and Wisconsin exercise the Adoption Tax Credit providing a full credit of $12,150 for offsetting adoption expenses. Adoptive families that have been reimbursed by the tax credit provision consider that is more valuable than plain tax reduction because qualified adoption expenses are subtracted on a dollar to dollar basis. Hence, if someone has a tax liability of $8,000 and has incurred adoption expenses of $5,000, tax liability will be reduced to $3,000. In case the tax liability is lesser amount than the tax credit, the difference is carried forward for up to five years.

Generally, prospective adoptive parents should consult tax experts in order to clarify their eligibility, to investigate if their State offers the Adoption Tax Credit, and overall, to ensure that all their claims are appropriately filed.

I work as a financial and investment advisor but my passion is writing, music and photography. Writing mostly about finance, business and music, being an amateur photographer and a professional dj, I am inspired from life.

Being a strong advocate of simplicity in life, I love my family, my partner and all the people that have stood by me with or without knowing. And I hope that someday, human nature will cease to be greedy and demanding realizing that the more we have the more we want and the more we satisfy our needs the more needs we create. And this is so needless after all.

DNA Adoption Networking

Monday, January 11th, 2010

With advances in computer technology and DNA science, it seemed likely that a way would be found for the far-flung children of China to find their birth families. That day seemed far off in the future. However that day is here now, and it has arrived 20 years before I expected it. A new kind of internet website provides the means for adopting parents of children adopted from China to discover if their child has a sibling, half-sibling, cousin or other relative adopted anywhere in the world. In addition, birth parents in China will be able to search for their biological child who has been adopted by a family living somewhere in the world. While China adoptions are the largest example of what is now possible, it applies to every adoption in the world today. I don’t think it is an overstatement to say that this is the most startling development in the field of adoption information in the past 25 years.

There are two new kinds of sites in particular that seem useful to the adoption community. They are interesting because both kinds are the first of a new genre of websites. The first are DNA social networking sites; the second are primarily gene-decoding sites.

1. DNA Adoption Networking

DNA Adoption Networking is a part of a new internet service the New York Times has called Zygotic Social Networking. These networking services permit users to build a social network around shared genetic material. Similar to Facebook, users are able to post photos, update their profiles, blog, and send messages to each other. More importantly, for adoptive families they facilitate searches for relatives and allow members to compare genetic makeup.

Basically, you sign up with the service, do a cheek swab, send it in, and a portion of your genetic makeup gets compared to others on the databank. You or someone else (somewhere in the world) can then click on a map that shows a marker for every other member around the world who shares genetic markers found in your DNA profile.

Perhaps even more amazing is that the creators of these sites believe that we are only at the beginning of their abilities and usefulness. Experts believe that every new discovery in the field of genetics will provide the users with new information about their identities.

Who Would Use This Service?

A broad spectrum of the adoption community will be able to make use of these sites:

(i) Biological parents who placed a child for adoption (or perhaps abandoned a child) can search for their child worldwide with one registration.
(ii) When adopted children become teenagers or young adults, they often want to find out more about their roots. While they may not find their birth parents immediately, they may locate other relatives. In order to identify siblings, half-siblings, cousins or grandparents, it will be necessary for one of their biological parents to register on the site (At this time you need a parent to also register in order to say definitively that two relatives are siblings). Those relatives may turn up immediately or a decade or two later as new relatives register on the site.
(iii) Adopted Adults. Life is long, and at some point when adopted children have become adults, they frequently want to look for their roots. While adoptive parents today usually explain to their children that they were adopted, that has not always been the case, nor is it universally true. As a result, individuals registering on these sites, who had no idea that they were adopted, may be in for a surprise.
(iv) Adoptive parents who want to find siblings, birth parents, or other relatives of their adopted child can register their child. Parents registering children over 13 require the child’s agreement to do this. In fact, it appears that inquisitive adopted teenagers could likely register themselves if they have access to $149.
(v) Adoption Agencies may want to include information about DNA Adoption Networking in their adoption education programs. It’s a reality check for parents who state they want to adopt, but never want anything to do with the birth family and that’s why they want to adopt overseas. At some point their child may register and find relatives in other countries.

Not everyone involved in adoption will want to participate in this worldwide experiment in genealogical research. While most adopted children want to know who their biological parents are, this is not always true. However, for those who do want to know where their child is, or who their biological parent is, these websites are already producing results and matches. An ABC News video clip, which is accessed by a link on the GeneTree.com home page, includes an interview with an adopted adult who only knew his birth date and place, and subsequently found relatives in several parts of the world.

Since DNA Adoption Networking will essentially provide a worldwide adoption reunion registry, people should think carefully before registering. While anyone can use one of these sites, special precautions need to be taken when they are used by the adoption community. Some individuals may wish to obtain counselling before registering. Adoption Reunion Registries are located in most jurisdictions in North America and they frequently provide counselling to the parties both before and after a reunion.

What makes these sites so different from the sites described next is that no genetic information is given back to you (the participant).

2. DNA Gene Decoding Sites

The second type of service now on the web that will impact adoptions is the ability to decode your child’s DNA. Adoptive families will find this site useful for many reasons. Your child’s DNA is decoded, providing you with much valuable information. The experience is simultaneously unsettling, illuminating and empowering.

While these decoding sites provide the opportunity for DNA Adoption Networking, that seems to be a by-product of their main function, which is to decode your DNA. For the adoption world, services like this have extraordinary implications, including:

(i) In the majority of adoptions in the world, there is little or no information about the birth father. This includes domestic adoptions, as well as adoptions from other parts of the world. Decoding your child’s DNA will provide you with significant information about the birth father and the birth mother. The websites claim they allow you to look 20 or 40 years into the future at significant DNA markers that will affect your child’s health (such as pre-disposition to certain diseases).
(ii) Once registered with some sites, you will be automatically advised over the next 10, 20 or 30 years, as medical science makes new discoveries and advances.
(iii) In some situations DNA decoding may become available as part of pre-adoption medical and social information about the child. Currently, parents receive limited medical information, photographs, and sometimes a video. Perhaps in the future a DNA swab will become part of this pre-adoption information package.
(iv) As countries become more selective about whom may adopt their children (such as China) will they want DNA tests of the adopting parents? Adopting Parents already have to supply medical and lab reports as part of a dossier for international adoption. Are DNA reports next?

These websites will bring great opportunities, but also great quandaries. We will no longer have the problem of not knowing, but instead have the burden of whether we want to know in the first place. We will know whether our children are predisposed to certain traits or talents, athletics, music or languages, and we’ll encourage them to pursue certain paths. I have recently described these websites to clients, friends and relatives. It is interesting how many people have said, “But do you really want to know this information?”. Clearly, some people would rather not know and just let the future unfold.

Cautions

Be careful what you wish for. By going down this road, you may be opening a Pandora’s Box. In short, we are on the brink of scientific and technological breakthroughs that are going to change adoption in a way that has never happened before. Please consider the following:

Privacy: What is more personal than your DNA? Each of these websites has a privacy statement. Please read these before registering. It is important to understand what privacy protection is offered and whether you can set your own level of privacy on the site. Also keep in mind that the world doesn’t always work perfectly. If you put information on the internet, there is a chance of it getting loose by accident or otherwise. Concerns: There are social, moral and ethical issues involved in registering your or your child’s DNA on a website. Before registering on any site prospective applicants should read the China Adoption DNA Project website where the site creators have considered the implications of parents taking the step of trying to find biological relatives in this way. Please read and think about these issues before registering on a DNA Adoption Networking site. Second Test: If you join one of these websites and find a match that is important to you, please confirm it with a second and more formal DNA test. An article in the October Journal of Science warned that popular do-it-yourself DNA tests could produce incomplete results. Early Days: These websites have just started up. It will take time for enough families to register worldwide for there to be many matches of close relatives. Keep your expectations low for now and check in from time to time. Men and Women: Men can get a lot more out of DNA testing than women because they inherit both an x and y chromosome. For women to get the same results, they need to supply a sample from a close male relative like a brother or father. Language: The scientific words and terminology used on these websites can be challenging. Some sites have a glossary or definition section. That’s a good place to start in understanding this field of research.

Registering: A recent survey of adopting parents (by the China Adoptions DNA Project) found that while the adoption community is keenly interested in learning more about how a DNA database could benefit their children and families, the overwhelming majority of parents currently do not know enough about it or are not comfortable enough with what they do know to take the next step and join a database. I encourage adoptive families to spend time on the DNA websites listed at the end of this article. Review their DNA science lessons, read the FAQ’s and watch the videos. You will learn a lot.

Of course, if you’re only registered on one site, it reduces the possibility of matches. Perhaps all the members of the adoption triad in the world who want to share this information should register on only one of these sites , or on a site yet to be created specifically for the adoption community. In the future there will undoubtedly be more of these kinds of websites, and their usefulness will advance as science advances. If you do register with one of the websites listed below, let us know about your experience with it.

Welcome to the Age of Genomics Adoption will never be quite the same!

Websites to Visit A. DNA ADOPTION NETWORKING SITES

1. www.GeneTree.com

This service:

operates world-wide; is easy to understand and easy to use; is free (except for the DNA swab collection kit $99 – $149); matches relatives (such as cousins), which greatly increases the chances of finding out more information about the child’s family of origin.

The site is part of a worldwide genealogical and genetic research project. Anyone who joins is a participant in this project. (Unfortunately, this information is not made clear on the website until a registrant orders a DNA swab kit and is presented with a 6-page contract to sign.) Parents who don’t like the trade-off of being part of a research project may want to pass on registering. Others will be happy to be part of a DNA research project that also provides the opportunity for free DNA Adoption Networking. This site is headquartered in Salt Lake City, Utah, which is already known as the largest center of genealogical research in the world. Clearly, they want to make it bigger.

When you order your DNA swab kit ($149) you will be asked to sign a 6-page contract. Read it carefully. It has some interesting terms, including:

you are a participant in a research study; no genetic information is provided back to you; you can withdraw from the study at any time and have your information deleted; while this site will match two voluntary users of the site together if they want, the site will not get involved in providing adoption or paternity information (that it may learn of) to anyone.

The website has a “Facebook” aspect to it, except you are networking with people you share similar DNA with around the world instead of your chosen friends. Participants set their own level of privacy on this site. In other words, you can register your DNA and then set privacy parameters as to the disclosure of information and whether you want contact with other members of your extended family. Of course, in addition to privacy concerns, the idea of adoptive families around the world registering their DNA on a master database certainly has a “Big Brother” feel to it. As a result, this service may not appeal to everyone.

2. www.dnaancestry.com

This site is part of www.ancestry.com and allows you to use DNA to search for ancestors, clans and by surname groups. www.ancestry.com is an established genealogical research site also headquartered in Utah. It already has a user base of 15 million, of which 3 million have posted their searchable family trees. It is the internet’s largest family-history archive. The test kit costs $149 to $179, depending on how sophisticated you want the results to be.

3. www.familytreedna.com

This website claims to have the largest DNA databases in the field of Genetic Genealogy (178,000 records). Their website includes tutorials on the use of your DNA. It also has a DNA user’s forum which has posts from adoptees who have had varying degrees of success at finding relatives. The tests cost $149 to $199.

4. www.a-chinadnaproject.org

Although this site is not yet operational as a registry, it does have interesting things to say. It is a site worth reading and thinking about the points raised there. In addition to searching for relatives, a second, equally important mission of the website, is to create a voluntary, anonymous DNA database that will provide information that could benefit all Asians of Chinese descent. The China Adoptions DNA project states numerous times on this website that it is not yet underway since it has no funding. It worries about the costs to parents and the cost of providing the service. Some adopting parents will want to wait and see if this adoption-oriented website becomes operational because of the additional safeguards that have been created for the adoption community.

5. www.tracegenetics.com

This site has an extensive FAQ section that will teach the reader a lot about this area of science in understandable language. It offers testing for both the child’s maternal and paternal lineage. It then issues a report based on the percentage of ancestry from each of the world’s biogeographical areas. This site claims to have the largest Native American DNA database in the world. This website will also provide you with custom DNA projects. You can tailor your genomic requests to what you want. B. DNA GENE DECODING SITES

6. www.23andme.com

This is a web-based service that helps you understand your DNA. Send in a sample of your child’s saliva and see how the decoded genes indicate your child’s future. This site is partly funded by Google. The cost for a DNA analysis is $999, and you will receive a report analyzing almost 600,000 DNA checkpoints.

At this time their service is only available in the USA, Europe and Canada, although it will expand in the future to other countries. In response to my question to this site as to whether adopting parents could use it to have the DNA decoded for a child proposed to them for adoption, the response was “Our service is not intended to be used for genetic screening purposes.”

Mr. Douglas Chalke has been the Executive Director of Sunrise Family Services Society (a British Columbia government licensed adoption agency) since its inception twelve years ago. Mr. Chalke has considerable experience with international adoption and has visited orphanages and government ministries across the world. Mr. Chalke is an administrator with many years experience assisting children to find homes in Canada, and in assessing, educating and approving the families who are going to provide those homes.

Adoption and The Workplace

Monday, January 11th, 2010

By Douglas Chalke

Barb and Maxine work for a large corporation whose profit for the last quarter was $400 million. Both women are new moms, currently at home caring for their children. Barb will be at home for 52 weeks and will receive 85% of her regular salary. Maxine, on the other hand, is able to stay home for only 35 weeks during which she receives 55% of her usual salary. What’s the difference? Barb is a biological mother; Maxine is an adoptive mother.

Both the Federal Government and the employer are treating these women differently, based on the way they have chosen to build their families. Their employer, like many organizations, “tops up” the payments received from Employment Insurance so that employees receive full (or near full) salaries while they are off work1. In Maxine’s case, however, their employer does not extend the benefit to adoptive parents.

The Federal Government pays Employment Insurance (EI) benefits to provide financial assistance to new parents (currently 55% of average insurable earnings to a maximum of $413 / week). Maternity benefits are payable to biological mothers for a maximum of 15 weeks. Parental benefits are payable to parents (biological or adoptive) for a maximum of 35 weeks. Thus biological parents are eligible for 50 weeks of employment insurance while adoptive parents hit the maximum at only 35 weeks. One adoptive parent is mounting a Charter of Rights challenge on this very issue in the E.I. Legislation.2

Biological parents are provided with EI benefits over a one- year period comprised of:

a) 2 week disqualification period (i.e. no EI payments) and

b) 15 weeks of maternity benefits; and

c) 35 weeks of parental benefits

Total: 52 weeks

Many employers also pay top-up wage compensation to their employees for the two-week E.I. disqualification period by topping up their wage to between 85% and 100% of their normal salary (i.e. the employer pays all of this benefit during the first two weeks). For the next 15 weeks, the top-up reduces by the amount of the E.I. maternity benefits (described above). Some employers also top-up the employees’ salary for the full 35 weeks of parental benefits as well3.

As a result of complaints we received about how adopting parents were treated in the workplace, Sunrise conducted a limited and informal poll of its clients to see how widespread the differential treatment of adoptive and biological parents by employers is, and we were stunned by the responses. Many of our clients reported situations in which a biological parent receives top up payments, while an adoptive parent is refused. Here are some examples of what we heard:

Government of British Columbia: The B.C. Provincial Government is one of least discriminatory employers we heard about. It offers a top-up to both biological and adoptive parents (to its unionized and non-unionized employees.) It also offers adoptive parents a ” Pre-Placement Adoptive Leave.” This leave allows adoptive parents to attend pre-placement visits for their homestudy or to complete legal requirements for the adoption while collecting 85% of their regular salary.

Government of Canada: A federal civil servant, who is an adoptive parent, received 93% of her wage by top-up for 37 weeks. The real irony is that the Federal Government treats its adoptive parent employees better than most employers do, but discriminates against all adoptive parents with its EI policy!

Police: The RCMP (a federal government employer) offers both adopting and biological parents the top-up for 37 weeks. Other police forces in British Columbia (Municipal forces) generally do not pay the top-up to adoptive parents. (The municipal public force in Saanich, B.C., however, does pay the top-up for 37 weeks).

Municipalities: One adopting parent reported that the Municipality she worked for finally gave her the top-up right after she filed a complaint with the Human Rights Commission.

Hospitals: Regional Health Districts are the employer for nurses in British Columbia. One adoptive parent reported that in his hospital, biological parents receive a top-up on the EI Maternity Benefit only. No one receives a top-up on the Parental Benefit. Since adoptive parents don’t qualify for maternity benefits, they don’t receive any top-up at all.

Universities: Universities do not seem to take a consistent approach in how they treat their employee parents. Adopting parents employed by universities told us about a wide variety of benefits payable to adopting parents. Often these were inconsistent, unusual, and at times discriminatory.

At the University of British Columbia, adopting parents get topped-up for 12 weeks, while biological mothers receive 20 weeks. At the University of Toronto, adopting parents receive 27 weeks of top-up, and biological mothers receive 3 weeks more. At Capilano College, parents on parental leave are topped-up to 80% of salary, and for parents on maternity leave to 90% of salary.

Professors at Simon Fraser University are the only employees we found who were treated absolutely identically whether they were biological or adoptive parents. To do this, the maternity benefits not paid to adoptive parents by EI are covered by the university. Kudos to SFU!

Schools: We heard from many teachers across the province. School Districts in British Columbia bargain separately with the teachers’ union (BCTF). As a result, adopting parents (who are also teachers) receive different benefits depending on where they work. For example, Surrey Teachers do receive the top-up of 95% of salary for the first 2 weeks, 70% for next 15 weeks and zero for the balance of parental leave. North Vancouver District teachers receive 95% for the first 2 weeks, but then 70% for only the next 10 weeks (while biological mothers receive it for the next 15 weeks). Most other school districts do not pay top-ups at all to teachers. There is no rational basis for treating teachers, who choose to create their families by adoption, differently. One parent was told that top-ups are not paid to adopting parents because the school district follows “Government of Canada rulings”. This doesn’t accord with our findings; all federal government departments that we heard from do top up adopting parents.

One adopting parent employed by the Coquitlam School Board was recently refused the top-up. When she told her employer that she was filing a complaint with the Human Rights Commission, she immediately received a top-up.
Falling Between the Cracks

Some adopting parents are in a catch-22 situation and the problem may not be resolved until a parent takes action. We heard from several British Columbia parents who reported that employers dodge responsibility by saying it is up to the union to ask for benefits through the collective bargaining process.

One city police department we heard from only offers the top-up to biological parents. A Port Moody police officer said, “I am a union member and was entitled to nothing under the collective agreement. However, we were in the middle of negotiating a new one, and I asked for a provision to be added. I was unsuccessful”.

Pursuant to Labour Relations legislation, unions are required to represent minority interests (like those of adopting parents). Failure to do so can lead to a complaint with the Labour Relations Board. Exercising that legal right against your Union, however, can be a scary prospect.

Another adoptive parent reported:

“I wasn’t sure if there are many others in the same boat as myself, and considering the extremely daunting task of applying for change in our organization (my employer is Vancouver Coastal Health), I have not bothered to try. I would have to put forth a motion to the union (membership = 40,000) and the union would then vote on whether or not to pursue this issue with the Health Authority and ultimately the Government. Another union colleague who adopted several years ago felt the same as I do now.”

Many adopting parents had similar experiences when they approached their union. They were told that nothing could be done. Studies in the USA show that less than 1% of eligible employees receive adoption employment benefits. No wonder adoptive parents can feel lost in big unions!
What Can Be Done?

In a landmark 2002 study, 94% of respondents stated that adopting parents should receive the same benefits in the workplace as biological parents4. It is clear our society feels overwhelmingly that adopting and biological parents should be treated equally.

This doesn’t seem right. Large government employers (such as hospitals, health districts, municipalities and school boards) should not justify continuing to discriminate by claiming that the unions need to ask for it. They should take responsibility and end the discriminatory treatment.

Employers should treat parents equally, whether they give birth or adopt. If an employer pays an E.I. top-up to a biological parent, then the same compensation should be paid to an adopting parent. To not do so is discrimination. 6

The need for change is apparent and many parents expressed an interest in making that change happen. Unless adopting parents object, this discrimination will not end. One possibility is to file a complaint with the BC Human Rights Tribunal.7 The most effective solution may be for adoptive parents to lobby their MLAs and MPs for legislative change. How about a law that simply says adopting parents and biological parents must be treated the same in any workplace. (After all 94% of society already thinks this is what should happen)

Talk to your employer and/or your union officials. If your organization tops up biological parents, insist that they treat adoptive parents equally.

1 We also heard about a few employers who give their employees a lump sum payment to help with adoption expenses. These payments ranged between five and ten thousand dollars.

2 This appeal is currently making its way towards the Supreme Court of Canada. The appeal at the Federal Court of Appeal is scheduled to be heard March 29 – 30, 2007. For a review of the issues in this case see http://www.bcadoption.com/afabc.

3 The rules about E.I. Supplemental payments (Top-Ups) are set out at www.hrsdc.gc.ca

4 The Dave Thomas Foundation in the USA has established a website with materials and assistance to help employers establish adoption friendly workplaces – see www.adoptionfriendlyworkplace.org

6 One adopting couple has written an impassioned plea for parents to lobby their MP’s to help end discrimination against adopting parents. See www.bcparent.ca/articles/adoption/overcoming_discrimination.html.

7 In Ontario court the courts have not been sympathetic to adopting parents. In a case called Shafer the Ontario Court of Appeal decided that the discrimination built into the EI legislation did not contravene the Charter of Rights.

The information in this article has been obtained from a limited survey of Sunrise clients. The next step is to broaden the scope of this investigation to the BC and Canadian adoption community as a whole. If you know of someone who has had a similar experience (good or bad), please contact us. We would like to understand the full extent of this problem in British Columbia and Canada and will publish the results of the final survey.

Mr. Douglas Chalke has been the Executive Director of Sunrise Family Services Society (a British Columbia government licensed adoption agency) since its inception twelve years ago. Mr. Chalke has considerable experience with international adoption and has visited orphanages and government ministries across the world. Mr. Chalke is an administrator with many years experience assisting children to find homes in Canada, and in assessing, educating and approving the families who are going to provide those homes.