Private Placement Adoption

In his time as a litigator, certified mediator, negotiator and certified collaborative law attorney, Darren M. Shapiro, Esq. has dealt with numerous cases of family law, from divorce and separation, to child custody and visitation agreements. One aspect of family law can be seen in the form of adoption. Adoptions occur when a single person or a couple legally request for another individual (typically) a child, to be their child by law. When an adoption is approved by the court, the adopting party will be awarded all of the rights and responsibilities typical for a natural payment, while the child acquires the rights they would have had if they had been born into their new family.

According to the Domestic Relations Law of New York, which covers Nassau County, Long Island and the surrounding areas, two adults in a relationship, a single adult, or a married couple may choose to adopt. In some circumstances, adoptions may take place through private placement, step-parent, or foster-parent adoptions. Naturally, because the process of adoption in any circumstance involves a great deal of emotional turmoil and stress, it is useful to have someone by your side that understands the nuances of legally adopting a child. Mr. Darren Shapiro has experience in helping to create the new legal family parameters that individuals or couples hope for when seeking to adopt.

It’s important to acknowledge that, even with the assistance of an experienced attorney such as Mr. Shapiro on hand, adopting a child requires a great deal of work, time, and effort. Adoptions are not only emotionally trying for would-be parents involved, they also come with a great deal of paperwork that must be completed with accuracy and care. As part of the process for adoption of children, in most instances the court will require a social worker or psychological professional to conduct a home study. Usually, the department of probation can be accessed for those who would like to receive a study free of charge, but in these cases there is often a very long waiting list. Once the check has been completed, each adult within the home – even those who are not adopting the child – will need to have their fingerprints taken as part of a standard background check.

If an individual or couple chooses to adopt a child that was already in foster care, the costs of that adoption will be paid for through the government. However, in “private placement” adoptions, would-be parents may find that they are subject to additional costs. The judge in question will need to receive documentation of these costs, as well as the charges of the private adoption agency, legal charges, and expenses that may be paid to cover the cost of the mother giving birth.

Mr. Darren M. Shapiro may assist clients in filing petitions for adoption either with the Surrogates Court or the various Family Courts in New York in your County be it Long Island, New York City or the surrounding areas. These petitions should contain the names, addresses, marital status, religious faiths, occupations, and ages of the adoptive parents. What’s more, similar information must be submitted regarding the background of the child to be adopted, as well as their medical history and health at the time of birth and following. Any hereditary illnesses must be further disclosed, and the clients and attorney must be cautious in providing any supplemental information that could be considered to have an impact on the child’s well-being – such as the skills, interests of hobbies of the would-be parents. Utilizing the right information can help to convince a court that the adoption is in the best interests of the child.

There are various types of adoption that may take place within Long Island and New York, each regulated by state law. Mr. Darren M. Shapiro can help you with either an agency adoption or private placement adoption. Either type of adoption will be investigated and monitored before an appointed judge is able to finally approve it. An “agency adoption” takes place when a couple or individual chooses to adopt a child that has been in the custody of the state, or cared for by a state licensed private agency. Generally, in these circumstances a child is acquired from a birth parent directly, either by a court order or voluntarily.

A “private placement adoption” refers to the adoption of children who are not cared for by the state or a licensed adoption agency. Typically, these types of procedures begin through private agreements, and frequently involve step-parents or family members. In private placement options, the individual who hopes to adopt can receive certification from the court with the assistance of an attorney like Mr. Shapiro.

Regardless of the type of adoption taking place, notice must be given to everyone who has been entitled to information on the proposed adoption. Those entitled to notice include, but are not limited to:

• The birth parents
• The legal guardians
• Anyone who married the mother within 6 months of the birth of the child
• An individual who filed acknowledgement of paternity
• An individual with intent to have paternity declared

If you are considering engaging in private placement adoption, it is important to ensure that you consult with an experienced and knowledgeable family law attorney, such as Mr. Darren Shapiro. The laws regarding the adoption of children have nuances, and the large amount of paperwork involved combined with various rules can lead to a complicated experience for the unfamiliar. For the parents who give birth to a child, the decision to give that child away can be somewhat traumatic, and in private placement adoptions, those parents may also need the assistance and guidance of an attorney to ensure that procedures are followed appropriately.

If you are considering engaging in a private placement adoption yourself, or would simply like to learn more about the adoption process, please reach out to us. For more guidance or information, you can contact Mr. Darren Shapiro’s office for a free and non-obligatory consultation. It would be our pleasure to speak to you about your family law needs – let us know how we can help.