News and Events | The Law Offices of Denise M. Bierly

Establishing Universal Checklists When Lawyers and Social Workers Collaborate on Adoptions of Youth from the Foster Care System

With the passage and implementation of Adoption and Safe Family’s Act of 1997, thousands of adoptions of children and youth from the foster care system are occurring in every U.S. state and territory each year. After parental rights have been terminated, each adoption requires close collaboration between the lawyer finalizing the adoption and the social work team tasked with moving the child to a permanent home. How is this collaboration working? As with any team approach, some cases are smooth and efficient and some choppy and prolonged. Is there a way to achieve a consistently good outcome for kids, who are, after all, the beneficiaries of this multi disciplinary work?

As the Director of Adoption for the American Academy of Adoption Attorneys and a lawyer with a private adoption practice of over twenty five years, it is clear that we, as a community of adoption professionals, can do much more to ensure kids and families in fost/adopt cases benefit from a consistent and streamlined process. One way to standardize the melded services required to reach the court finalization day is the creation of a basic checklist. While the checklist is likely to vary from state to state, here are some uniform ideas:

In person meeting between lawyer and social worker, ideally with the adoptive family present for half of the meeting. This meeting should occur prior to the court case being filed.
Establishment, in writing, of hard and realistic deadlines for the filing of legal documents, delivery of home studies and post placement reviews and signatures on Adoption Subsidy Agreements.
Brief five to ten minute check in calls or emails every three weeks until the adoption is finalized.
Honest conversations with the child, his/her therapist, and the adoptive family resource about the pace of finalization. Should it be slowed down?
Plain word explanation of the process of testifying in a court of law. Review and practice the questions (and answers) with the social worker, the parent(s), and especially the child if s/he will testify.

At a minimum, this short checklist will increase the quality of services to youth and their adoptive families. As the lawyer and social worker teams engage in intense collaboration in multiple cases, a natural outcome should be an increase in trust and collegiality amongst the professionals processing an adoption finalization.

Establishing Universal Checklists When Lawyers and Social Workers Collaborate on Adoptions of Youth from the Foster Care System

In person meeting between lawyer and social worker, ideally with the adoptive family present for half of the meeting. This meeting should occur prior to the court case being filed.
Establishment, in writing, of hard and realistic deadlines for the filing of legal documents, delivery of home studies and post placement reviews and signatures on Adoption Subsidy Agreements.
Brief five to ten minute check in calls or emails every three weeks until the adoption is finalized.
Honest conversations with the child, his/her therapist, and the adoptive family resource about the pace of finalization. Should it be slowed down?
Plain word explanation of the process of testifying in a court of law. Review and practice the questions (and answers) with the social worker, the parent(s), and especially the child if s/he will testify.

Denise Bierly, Esquire

The Right Side of History

Some days are more significant than others in our world of adoption. Friday, June 26, 2015, was one of those days. For twenty five years I have represented same sex couples in the endeavor to build their families. Until that recent Friday in June, children born or adopted into these families were especially vulnerable. For centuries, these parents suffered the stress and indignity of being unable to marry. For centuries, every state and the federal government treated this sub class of children as second class citizens who could not enjoy the financial benefits and stability of having married parents. For centuries, this group of children could not have both of their parents appear on their birth certificate. And even if both parents ARE listed on their birth certificate, would another state fully recognize the legal relationship in the event of a medical emergency?

Then ever so slowly the tide began to turn. First Massachusetts, then other states analyzed same sex marriage through the lens of the children of those relationships. Still, with no definitive federal law children were in peril. Parents continued to restrict their travel for fear their rights as parents would not be recognized in the eyes of the law.

We celebrate the U.S. Supreme Court decision with our clients and allies who worked at the grassroots level to make this happen. You are to be congratulated.

Denise M. Bierly, Esquire

A STABLE BLENDED FAMILY-WHY SPEND TIME AND MONEY ON A STEP PARENT ADOPTION?

THE PROBLEM

In today’s modern family it is not unusual for a parent to marry and the new step parent to assume the role of the second primary parent to the child. I will explain the legal implications of this arrangement using the most common scenario- a household consisting of a biological mother and step father. Often, the step father is in the role of a parent to the child in every way except legally. Stepdad coaches the little league team, attends father/daughter dances, helps with homework and really acts as a second parent to the child. BUT-unfortunately that parent has lots of financial and emotional responsibility and none of the actual legal authority.

In a significant number of these cases the biological father is absent. He has had no meaningful relationship with the child in months or years. Maybe he has not paid any child support at all, or is frequently in arrears on his obligation.

The above fact pattern displays solid grounds for the termination of parental rights of the absent parent and the creation of a legal parent/child relationship between the child and the stepfather. New Dad will now have BOTH the responsibilities AND authority.

Of course the most compelling reason to move forward and formalize the legal relationship is the risk to the child should Mom suffer an untimely death. In the absence of a step parent adoption, the biological father, who may have no relationship whatsoever with the child could have GREATER legal rights than the man who has co-parented the child with mother for years. Not only is this unfair to the step-parent who has been a stable, encouraging influence in the child’s life, it is confusing for the child that has lost his mother, and will potentially lose his sole father figure as well.

THE PROCESS

In Pennsylvania, a step parent adoption is a court process whereby the rights of the biological father are terminated and replaced by the parental rights of the stepparent. Rights may be terminated either VOLUNTARILY (preferred) or INVOLUNTARILY (must have grounds). The day of the adoption court hearing is a festive day at the courthouse with family and friends there to celebrate with the child and family. Upon the Judge signing the Final Decree of Adoption, the child has the safety of two legal and involved parents. A new birth certificate is then issued by Pennsylvania Vital Records with Mom and Dad’s names listed as parents. There is often also a surname change for the child on the new birth certificate.

Our offices handles quite a few step parent adoptions each month and would be happy to give you more information on timeline and costs. Please visit our website for more information.

Intercountry Adoption: Reactions by South Korean Adult Adoptees

Recently an article appeared in the New York Times authored by a reporter who had adopted two children from South Korea. She traveled to South Korea this Fall and met with several adult adoptees who had moved back to South Korea as adults in an attempt to reconnect with their pre adoption culture. Their views covered the spectrum of completely anti-adoption to okay with intercountry adoptions for some children in a limited number of situations.

Some of these South Korean adult adoptees had solid and secure relationships with their adoptive parents. At least on person interviewed spoke about her total estrangement from her adoptive parents.

The point of the article was to delve into the feelings and life changes these adults were experiencing in trying to assimilate back into South Korean culture and society. The article itself was rather anti adoption. It left me with more questions than answers.

I wonder why the author did not raise the specter of the lives these men and women would have lived if raised by their birth families. Would any of these children have had the educational opportunities they had with their U.S. families? How well have their birth siblings done? Do members of their birth families have the global travel choices they have had? Switching gears, did the author attempt to find South Korean adults who had been raised in institutions? What kinds of outcomes had they experienced? Were these children who were raised outside the protection of family care living stable lives?

Two of the quotes the author used to address the issue of corruption in intercountry adoption were over a decade old. One wonders if the author was working out her own personal issues rather than presenting a balanced and objective view of intercounty placements.

The story of this group of adoptees is not so different from the other millions of immigrants in the past two hundred plus years. In having the opportunities U.S. Citizenship provides, often language and culture are sacrificed. This mishmosh of immigrants from across the globe is what makes America vibrant and such a beautiful tapestry.

The adult men and women who were interviewed seemed to have little appreciation for the global benefits derived by them as a direct result of their adoptive placements. Taking the knowledge they gained growing up in the United States, each of them had the power to make choices they could never have experienced by remaining in a South Korean orphanage. Their complaints are “first world problems” as my sons would say.

Why Choose Pennsylvania for a Gestational Surrogacy Case?

This blog post specifically addresses gestational surrogacy law in Pennsylvania, and why Pennsylvania has been a surrogacy friendly state for many years. You may have heard the fact that each state in the United States has different surrogacy laws. This is true. In some states it is much “safer” to proceed with a surrogacy. Indeed, in multiple states such contracts are unenforceable and/or illegal. Fortunately, gestational carrier surrogacy contracts are valid and enforceable in Pennsylvania. Although there are no statutory laws on the books (through legislative action) about assisted reproduction, the appellate courts in Pennsylvania have spoken very clearly and forcefully about the validity of gestational carrier/surrogacy contracts. Contracts where the gestational surrogate has no genetic connection to the child are governed by the intentions of the parties. Thus, part of our job is to protect our clients to make sure the contracts are very detailed, addressing a myriad of possibilities as events unfold during a pregnancy. Pennsylvania fertility clinics are careful to make sure contracts are fully executed by all the parties, PRIOR to any embryo transfer. Pennsylvania judges have held that the contract is the bedrock of the arrangement so of course the quality of the contract is paramount.

Also crucial, the Pennsylvania Department of Health has an long standing process for establishng the legal parentage of a child born in the Commonwealth of Pennsylvania that came about using a Gestational Carrier Agreement. In most Pennsylvania counties, an Orphans Court Judge, in conjunction with paperwork from the Department of Health, will sign an Order of Court PRIOR to the child’s birth determining the parents of the child. As a direct result of the Order, the Intended Parents will be listed on the baby’s ORIGINAL birth certificate. What a comfort for the Intended Parents to have this detail resolved so efficiently!

Finally, Pennsylvania hospitals have been exceptionally efficient and cooperative in welcoming the Gestational Surrogate and Intended Parents. From coordinating the various health insurance plans to completing proper paperwork so that the directives in the Pre-birth Order are properly followed, the majority of Pennsylvania hospitals are ready to make the hospital time pleasant and smooth.

We hope you will contact us, should you wish to either act as a Gestational Surrogate or are hopeful Intended Parents. With Warm Regards, Denise