KalishLawTexas' legal blog The Woodlands

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      26 Mar 2012

      Understanding Hague Adoption Law: Why it is so Important

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      We are often called on to consult with prospective adoptive parent(s) about potential foreign adoptions.   In some of these cases, the child is already known to the parent(s). The “known” child may be a relative or “friend of a friend”. 

      Stricter international adoption laws have been enacted in recent years, in order to prevent child abductions, selling of children and abuse of the system. These laws also prevent adoptions which are sought solely in order to circumvent other immigration laws.

      The Hague Convention on International Adoption is now law in many countries. The 'normal' procedure involves potential parents applying to adopt and waiting to be matched with a child, therefore it is much more difficult to adopt a “known” child.  There are “exceptions”, but these are often poorly defined and difficult to prove.   Therefore, a couple who wants to adopt a niece or nephew, or a child of a friend  may have a difficult (or impossible)  goal in mind (depending on the circumstances and the countries involved).

      The paragraphs above apply to "Hague Adoptions".  In the case of a U.S. parent seeking to adopt from a foreign country that has not ratified the Hague Convention, a different set of laws apply. Still other difficulties can arise. 

      Each adoption is different, and the facts of the case and the laws of the individual countries must be considered.   There is not one, standardized model to follow, and the laws can be confusing.  Under this system, it is  possible for a couple to go to a foreign country, adopt a child under the laws of that country, and never be able to legally bring the child to the United States.  (this can even happen if one of the adoptive parents is a citizen of the foreign country).

      Due to the changes in international adoption law and also in U.S. immigration law, it is not safe to assume that as long as the adoption is done “for the right reasons” everything will be fine.   If the laws are not followed specifically, and the steps done in the proper order, a family can end up in a situation where family unification is difficult or impossible.    Another costly and exhausting scenario involves having to void an improperly obtained adoption and re-do  the entire thing, in the proper order and with the proper documentation. There is always the potential for something to go wrong the second time, which would be a heartbreaking situation.

      After many years of working with foreign adoptions, if I were asked to give one piece of advice to potential parents it would be this:  PLEASE, get ALL of the facts about ALL of the laws involved and seek a legal consult EARLY with an attorney who is familiar with international adoption law, U.S. immigration law and the family law of your state.  Do this BEFORE you fall in love with a child and BEFORE you make plans which affect the future of the entire family.  

      Kalish Law Office has been representing adoptive families since 1984.  

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      17 Oct 2011

      Important Information About Health Insurance and Your Adopted Child

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      When you are adopting a child, it is important to enroll your child in your health care plan within 30 days of his/her adoption OR placement for adoption.


      This is important for two reasons: 1) if you do so, this will allow coverage for your child under your group health care coverage to be effective immediately as of your child’s adoption or placement date; and 2) this will prevent a “lapse” in insurance that could subject your child to a preexisting condition exclusion for any health issues s/he may have.  (Note: In the event that your child has a “lapse” of more than 63 days (a period in which s/he has no insurance coverage, including Medicaid coverage), an insurance company may exclude treatment/coverage for any preexisting conditions for up to 12 months.)

      In the excitement and flurry of adoption, this is an issue that may get lost in the shuffle. Don’t let that happen! 

      As soon as you know that you will be adopting, you should contact your employer’s HR department or plan administrator to review the requirements for enrollment. 

      Please note:  Even if your company only has open enrollment at specific times in the year, you will be entitled to a “special enrollment” based upon the adoption.

      Be sure to speak with your adoption attorney as soon as possible about the documentation you will need in order to enroll your child.   You may need documentation from the law firm, district clerk, adoption agency, or court in order to present to your insurance company or employer.  This is not always immediately available, so be sure to give your adoption attorney a “heads up” so that she can prepare it for you.

       

      More detailed information about preexisting conditions, special enrollment, and other provisions of HIPPA (The Health Insurance Portability and Accountability Act of 1996) can be found on the U.S. Department of Labor website

      Kalish Law Office has been serving families and businesses since 1984.  Our main website can be found at www.kalishlawtexas.com  

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      28 Sep 2011

      Adult Adoption or Simple Name Change?

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      An adult person who wishes to be adopted may do so, and an adult adoption is generally simpler and quicker than the adoption of a minor child. This is because an adult can consent to his/her own adoption, and does not have to get the biological parent’s permission.  

       

      An adult adoption may include a name change for the adoptee, but it doesn’t have to.

       

      The final and legal effect of an adult adoption is to sever the legal parental ties to the previous, still living,  biological parent(s), and create new ties with the adoptive parent(s). Therefore, the adoptee must realize that s/he will no longer be the legal child of the former parent whose parental ties have been severed. (this can come into play if the former biological parent becomes ill or dies after the adoption. The adoptee will no longer have rights as “family” as to that former parent and may not be able to get in to the hospital, have a voice in decisions, or inherit).

       

      The adult who is seeking adoption could also ask for a court-ordered name change, and change his last name to that of the family that he feels close to.   The name change will give him the same last name as the family, but will not sever the prior relationship with his biological parents, nor will it create the parent-child relationship with the “new” family.

       

      Both adult adoption and adult name change are relatively uncomplicated procedures legally (unless the person seeking the name change has a criminal history or it appears that s/he is trying to run from obligations or defraud creditors by the name change).

       

      If the purpose of the legal action is to make the potential adoptee a full-fledged legal member of the family, with all the rights that family members have towards each other, including inheritance, then an adult adoption is the way to go. 

      If, on the other hand, the “adoptee” does not want to sever the legal ties with his/her biological family, but wants to bear the last name of his/her “other family”, a name change may be just the right remedy.

       

      Kalish Law Office has been providing legal services to businesses and families for over 27 years. “Passionate, Professional and Personal. We Make the Difference.” Since 1984   Tenemos una abogada que habla español

      www.kalishlawtexas.com

       

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      26 Feb 2011

      Completing Your Child's Foreign Adoption in Texas

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      When a family returns to the United States with their child who was adopted in another country, there are often additional steps to be taken.  

      When a Texas resident adopts a child from another country, that adoption is governed by Texas law, United States law, international adoption law and treaties, and the law of the country where the adoption took place.  In addition, the area of adoption law has been changing rapidly for the past several years, so the requirements or recommendations will not be the same for everyone.    For instance, a child adopted in China in 2009 may have a very different legal situation than a child who was adopted in Guatemala in 2000.

       

      There is a lot of confusion between “readoption” and “reaffirmation”, although the words are often used interchangeably.   Whether the more detailed “readoption” or the relatively simple “reaffirmation” (recognition) of the adoption is required is ultimately determined by the paperwork and facts in each situation, by the Texas County in which the suit is filed, and even by the individual Texas judge’s requirements for his/her court.

       

      People often ask if they “must” do anything further.  If there are additional requirements that must be met to insure legal status with U.S. immigration, the answer is “yes”.  In some situations, not following through could cause an “uncertain” or “undocumented” status when the child reaches 18.  (Please note:  If a child became 18 prior to February 27, 2001, when the Child Citizenship Act came into effect, that child was not granted “automatic” U.S. Citizenship. If you or your child came in prior to February 27, 2001 and never took final steps with US Immigration, you should investigate or seek a legal consult to see what options are available to remedy this situation.)

      Although it may not be legally required for a child who has been granted US citizenship to take the additional step of having the foreign adoption reaffirmed in Texas state court, it is always a good idea.  After the judge signs the order, a U.S. (Texas) birth certificate with the child’s name and both parents’ name on it can be obtained.  The judge can also grant a name change when necessary.  Taking care of these details will assist the parents and child with documentation issues when registering for school, getting a driver’s license, applying for employment, or applying for college, scholarships and financial aid and is the “final step” in a long, successful adoption journey!

       

      The Kalish Law Office has been representing clients in domestic and foriegn adoptions for over 20 years. www.kalishlawtexas.com   281-363-3700

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      1 Feb 2011

      General Information about Adoption of a Child in Texas

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      Adopting a child requires the completion of very specific legal steps.  Long ago, people “adopted” children informally but that is not the case anymore.  There are many laws and regulations relating to adoption, and more laws are coming into effect every year for both domestic and international adoption.

       

      The laws are necessary in order to keep children safe, and to standardize procedures and governmental record keeping.  

       

      The legal steps taken in an adoption vary, depending on whether or not the adoption is domestic or foreign, within the state of Texas or interstate, agency or non-agency, and whether it is an adoption by a stepparent, foster parent, grandparent, other relatives, or by non-relatives.  

      Although there are many variables, here are some basics to adoption procedure in Texas.

       

      1. The child must be available for adoption.   The legal rights of any living or legal parent must be terminated by court order. 
      2. Everyone who has the legal right to be notified about the procedure must be notified.   This includes biological parents, guardians, a legal father (who can be a non-biological father married to the mother during pregnancy/birth) and any involved agencies. If a party’s whereabouts are unknown, there are certain methods that can be used to give “legal notice”, even if it isn’t “actual notice”.
      3. The adoptive parent or parents must pass certain screening in order to adopt.  In most situations, this involves a home study.  The adoptive parent(s) will need to be capable of financially and emotionally supporting the child.  The adoptive parent(s) background will be examined, especially to discover if there are crimes relating to injury or child endangerment, or crimes involving moral turpitude.
      4. There must be a petition filed in a court and a judge must approve and sign a final decree.
      5. Notification of the legal adoption and name change (when appropriate) will occur. After the final hearing, the adoption will be registered in Austin, and a new birth certificate will be issued.  The new parents will notify social security. In some cases, paperwork will be filed with U.S. Immigration or the Department of State and official documents such as “green cards” or passports will need to be reissued.   

       

      These steps can take a while to complete, even when all parties are in agreement and the adoption is a “simple” one.  In order to gain immigration benefits from U.S. citizen parents, children must usually be adopted prior to age 16 (there is one exception when adopting siblings). 

      If you are planning to adopt a child and have any deadlines (for instance moving to another state or country, travel outside the U.S., immigration deadlines) be sure to allow plenty of time for planning and completion by having an early legal consult with an adoption attorney who is familiar with your type of  case.

       

      Kalish Law Office has been serving clients in the areas of adoption for over 26 years.  www.kalishlawtexas.com  281-363-3700

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      27 Jan 2011

      Basic Facts About Adult Adoption in Texas

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      Adoption of an adult can be a fairly straightforward process.   The adoptee’s biological parents do not need to be notified of the adoption and are not entitled to have a voice in the proceedings.

       

      There are many reasons to proceed with a formal adoption, even after the “child” reaches adulthood.  The most common situation is one in which a stepparent has wanted to adopt the child but has not been able to get the approval of the biological parent.  At the time the stepchild turns 18, the papers for stepparent adoption can be filed without notice to the biological parent.

       

      Waiting until a child turns 18 for adoption works quite well in cases where the biological parent has a lifestyle that is unhealthy for the child.   When a biological parent is unstable or violent, it is often unadvisable to contact the biological parent because it may encourage him/her to try to reenter the child’s life, bringing the chaos and danger along for the ride.  Waiting a few extra years can turn a nail-biting situation into a positive and happy one, and decrease the risk of drama or danger.

       

      Some adult adoptees may be well beyond their 18th birthday at the time of the adoption.  Some of these situations involve stepfamilies, others involve “just like family” groups who want to make their relationship a formal and legal one.   These adoptions are done for emotional reasons, and the reward is well worth it.

       

      Adoption creates the parent-child relationship under the law. As a practical matter, this affects the parties’ abilities to inherit to and from each other. It also affects next-of-kin issues in health care decision making.   Of course, there are other ways to accomplish inheritance goals and grant powers of attorney through proper estate planning but adult adoption will accomplish some of these goals plus satisfy the emotional need for people to be legally connected forever.

       

      A name change may or may not be part of an adult adoption, but if it is desired, it can be accomplished at the same time.

       

      An adult adoption will not be granted by a judge if it appears that it is being sought to defraud creditors or avoid responsibilities under the law.  It may not be granted if the judge believes that someone is being taken advantage of (the judge will look closely at cases in which one of the parties is or may be disabled, elderly, or under duress).   An adult adoption will not grant benefits under U.S. immigration law.

       

      In order to complete the adoption, a petition will need to be filed in family court and there will be a hearing.

       

      If you considering adopting an adult or you are an adult who is thinking of consenting to being adopted, you should carefully consider how every aspect of your life will be affected, how the family will be affected, and be certain that you understand all of the legalities and steps involved in the process.

       

      The Kalish Law Office has been helping families for over 26 years with adult adoptions, child adoptions, family law and estate planning.   www.kalishlawtexas.com  281-363-3700

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    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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