Academy of Adoption & Assisted Reproduction Attorneys

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Category: Adoption Professionals

Adoption Professionals

When It All Comes Together

Tyrone is in hospitality and his husband Howard is an educator. Like many gay male couples, they first met in the gym. But unlike lots of their friends, they both knew they wanted to be parents. The pandemic got them focused on moving forward toward fatherhood and they reached out to me for a match. Surprisingly and wonderfully soon thereafter, a fantastic expectant momma Jenny connected with me. She was recently out of work and was wanting to finish her schooling, and the birth father had also lost all job prospects in the pandemic and left the country. She knew she wasn’t ready to parent this child and began exploring options. Jenny was referred by a friend of her family who is a judge and knows my work (It helps to be Florida Bar board certified in adoption and a member of the prestigious Academy!) and Jenny decided the adoption path would be the best. Among the profiles shared with her, she excitedly chose Tyrone and Howard. Jeanne’s mom was super supportive of her adoption plan and she and her mom were all in with her “baby daddies.” The birth father agreed as well and signed off on his parental rights immediately, relieved that a solid plan was in place. Navigating the COVID restrictions in the hospital and the many understandable emotions that arose were challenging but it worked out well and everyone is doing great. One of the best parts is we were able to provide living expenses and necessary support to Jenny through the birth and for six weeks postpartum including providing substantial counseling which helped her get back on her feet and back to school. What a blessing all around! Happy National Adoption Month to all members of the adoption triad; we as adoption professionals are privileged to be a part of your journey!

— Elizabeth Schwartz handles adoptions and ART matters in Florida and is a Fellow os the Academy of Adoption & Assisted Reproduction Attorneys. Learn more about Liz and her practice on her website, http://www.elizabethschwartz.com/

Welcome to National Adoption Month!

Welcome to National Adoption Month! For the entire month of November, the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is going to fill your social media feeds with positive stories of adoption. To kick things off, here are a few of mine.

I did my first adoption for AG several years ago. She contacted me to assist her with adopting an older teenager through the Illinois foster care system. The child she was hoping to adopt had been in multiple other placements prior to joining A’s home, but A was determined to be his last, forever home. As someone who has handled adoptions of all kinds, including children in foster care, for more than 27 years, I was very impressed with A’s willingness to adopt a child most others would have shied away from. This adoption, however, went so smoothly, that I have now helped A adopt three other older teenage boys, the most recent of which had been in thirteen (13!) different placements prior to joining A’s family. All of these children are thriving in A’s care. The oldest ones have gone on to college and trade schools, and the younger ones are doing well in school and getting excited about their futures. A is truly an amazing person and one of my all-time favorite clients.

Another amazing family I have worked with are the B Family who over the past several years have adopted five children from the same family to ensure the siblings would all be raised together. These children, by coincidence, shared the same last name as the adoptive parents prior to the adoptions, although they are not related, and this family’s positive attitude and the incredible support they provide to these children is wonderful to watch.

In addition to adoptions from foster care, I love all the other adoptions I do, including newborns, but have developed a special fondness for my adult adoptions as well. A few months ago, I was able to help four brothers, ranging in age from 44-52 be adopted by the stepfather who had raised them. It was truly a moving experience to witness – what a fabulous family.

We hope you enjoy these stories and encourage you to share your own positive adoption experiences this month and beyond.

— Genie Miller Gillespie is the current President of the Academy of Adoption & Assisted Reproduction Attorneys and a Fellow practicing both adoption and ART law in Illinois

COVID-19 and The US State Department Closure of Passport Agencies

The shut down of regional passport issuing offices, and the directives to only issue passports in life or death situations, is creating very concerning delays for parents coming to the US and hoping to return home with their newborns as soon as possible. AAAA sent the attached letter to Secretary of State Pompeo and to the DOS, Bureau of Consular Affairs, expressing our concern. In part, the letter notes lack of health care for newborns and parents who linger in the States, travel visas expiring, and lack of adequate long-term shelter in which to care for a newborn as some of the top issues of concern due to the shut-down. To read the complete letter, click here.

Post Adoption Contact Agreements Explained

A Post Adoption Contact Agreement (PACA) is an agreement the birth parents sign along with the adoption relinquishment.  It is also signed by the adoptive parents.  It allows for certain, specified contacts between the birth parent(s) and the adoptive family. Some states allow for these agreements and will enforce them, other states do not.  Fellows of the Academy of Adoption and Assisted Reproduction Attorneys can explain and draft an agreement that works for your particular adoption situation.

What is the Purpose of a Post Adoption Contact Agreement?

Sometimes birth parents will only allow an adoption to go forward if a PACA is included in the adoption plan. Adoptive parents should not view this as a sign of reluctance by the birth parents or an indication that they may change their minds later about the adoption. Rather, birth parents’ requests for a PACA usually means they want to make sure they are making the right decision by placing their child in a loving home.

While laws regarding PACAs vary from state to state, the breach of a PACA will not usually be grounds to revoke consent for the adoption or the adoption decree. However, if the adoptive family fails to comply with the PACA’s terms, adoption courts can fashion other forms of relief to correct these failures. The terms of the PACA are usually not permitted by law to expand or increase the amount of contacts. However, most states that allow PACAs will permit a court to reduce or eliminate specified contacts upon a finding of the best interests of the child.

What Does a Post Adoption Contact Agreement Look Like?

There is no single format for a PACA and there are no set contacts that you need to include. Some PACAs require adoptive parents to provide a birth parent with pictures and written updates about the child’s developments. Other PACAs may allow the birth parents to visit their biological children. PACAs often provide for pictures and written updates on a monthly basis for the first year. Then, this may decrease over time. PACAs more often include visitation requests in cases involving adopting older children compared to newborns.

No matter what the PACA includes, it must be in writing and signed by the birth parent(s) or legal guardian, as well as the adoptive parents. It then often becomes part of the decree of adoption. The PACA typically stays in place until the child is 18 years old unless the Court terminates it before that time or, by its terms, it ends sooner. However, termination would only be at the request of the adoptive family and the family would need to show that the PACA is not in the child’s best interest.

Do I Need a Lawyer to Draft a Post Adoption Contact Agreement?

To find out if a PACA is necessary and/or permitted for your adoption plan, schedule a consultation with a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys today. There are probably things that are very important to you that you want to include, but we will also help you address important provisions you may not have considered.  An Academy attorney can help you draft a document that addresses your most pressing concerns about adoption. Additionally, we can discuss how to enforce the document moving forward.

— Eric Stovall is a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys and Immediate Past President

AAAA Announces Decision of the US District Court Fifth Circuit Declaring Indian Child Welfare Act Unconstitutional

On October 4, 2018, in the case of BRACKEEN v. ZINKE, in the Northern District of Texas, Civil Action No. 4:17-cv-00868-O, a federal judge struck down the Indian Child Welfare Act (ICWA). The case was brought by the states of Texas, Indiana, Louisiana, and individual plaintiffs, including adoptive parent clients of two attorney members of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA). The court struck down almost all of ICWA and its new 2016 regulations on multiple grounds, including under the equal protection clause (on the basis that the placement preferences and certain other provisions in ICWA are unconstitutionally race-based in nature), the “non-delegation clause” (that 1915(c) unconstitutionally delegates federal authorities to tribes), the anti-commandeering clause (on the basis that ICWA unconstitutionally commandeers states to carry out federal duties), and the Administrative Procedure Act (on the basis that the new regulations were promulgated without authority).

AAAA has long been involved in efforts to seek clarification that the Indian Child Welfare Act—a law passed by Congress in 1978 with the laudable purpose of strengthening Indian families—should never be applied in ways that undermine the best interests of children. AAAA supports legal efforts to ensure Indian children have the right to equal protection under the law.

AAAA Launches New Resources for Family Building

The Academy of Adoption & Assisted Reproduction Attorneys (AAAA) announced today that it launched a refreshed brand identity including new, single online presence during its 2018 Annual Conference, “Forging New Directions in Family Formation”, held in Kansas City, Missouri. This is a significant next step in the Academy of Adoption & Assisted Reproduction Attorneys’ evolution and the unification of two organizations, The American Academy of Adoption Attorneys (AAAA) and The American Academy of Assisted Reproductive Technology Attorneys (AAARTA). The new name represents one Academy of attorneys guiding, advocating, and protecting all parties in adoption and assisted reproduction matters.

Retaining the acronym “AAAA”, the Academy of Adoption & Assisted Reproduction Attorneys provides a credentialed presence in the law of family formation and is the largest professional organization of its type dedicated to advancing the security of children through permanent adoption, the protection of children through safe and secure foster care with appropriate permanency planning, and the recognition of intended parents as legal parents for those using modern medical technology to build families through assisted reproductive technology.

AAAA includes 470 attorneys, law professors and judges who are recognized as Fellows and practice adoption law, assisted reproductive technology (ART) law or both. Located around the globe – including the United States, Canada, Australia, Argentina, Israel and the United Kingdom – Fellows of AAAA are considered legal thought leaders and are a highly-vetted, experienced group. AAAA Fellows use best legal practices and have helped thousands of clients through their family building journey. Admission to AAAA is a selective process that requires no less than five years of legal practice, at least 50 adoption or assisted reproductive technology proceedings, a referral for admission by a current AAAA member, and rigorous review for high ethical standards and competency by the board of directors.

Embarking on this latest chapter, AAAA created a new logo and a single domain and website adoptionART.org to reflect and support its mission throughout the United States and abroad. In addition to offering an easy-to-use and comprehensive Find an Attorney Directory, the website will feature expanded content designed to help guide families, donors, surrogates, birth and adoptive parents in adoption and assisted reproduction law while serving as a resource for Adoption, ART and partnering professionals.

“When unifying under one organization, our continued goal was to ensure the protection and security of children through equality in adoption, foster care, and assisted reproductive technology while providing guidance and access to both adoption and assisted reproductive legal resources,” said Eric Stovall, Esq., President of AAAA. “Now with our new, just launched identity and single online presence via adoptionART.org, we are able to provide an even more user-friendly and accessible experience to streamline the family building process so all options are available to families from the start.”

About the Academy of Adoption and Assisted Reproduction Attorneys (AAAA)
The Academy of Adoption and Assisted Reproduction Attorneys is a credentialed, non-profit organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties. It is represented by 470 attorneys or “Fellows” from the United States, Canada, Australia, Argentina, Israel and the United Kingdom who specialize in adoption law, assisted reproductive technology law (ART) or both. AAAA is headquartered in Greenwood, Indiana.  For more information, visit us at adoptionART.org

DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys.  AAAA website content does not constitute legal advice from AAAA or its member-attorneys to any reader or to the general public.  The law constantly changes and varies across state and international borders.  Consult qualified legal counsel in your jurisdiction regarding your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

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