IAC’s Michelle Keyes at the signing ceremony (2nd to the right of Gov Deal)

There are numerous advantages to having legally enforceable post adoption contracts, while the disadvantages are hard to determine. Adding a legal backing to the agreement between adoptive parents and birthparents validates their commitment to each other and helps ensure the genuine commitment to an open adoption plan. Adoptive parents will have peace of mind, knowing the commitment that their child’s birthparents have made and having an outline of what the contact will look like filed with the courts. Birthparents are often skeptical that the adoptive parents they choose will cut them out of their lives after the placement. Having their contact agreement filed in the courts and seen as a legally enforceable contract will solidify the commitment the adoptive parents are making with the birthparents. The children of open adoption are going to benefit knowing that all their parents cared about them and loved them enough to take the time to outline their commitment to each other. Birthparents will likely be more willing to choose Georgia adoptive parents, creating more families in Georgia. In addition, this bill helps validate and protect the work that open adoption agencies perform.

In cases where the children are older when placed for adoption, such as when in the care of the State, this new law may make the transition easier for birthparents to relinquish their rights. More birthparents may be willing to make an adoption plan that is in the best interest of their child if they know that they will not lose contact with their child. Representative Oliver is currently working with the Department of Family and Children Services to find the best methods to implement this new law into practice.

Within the law, there is room for modification and enforcement. It specifically outlines who may be a party to the agreement, who can request it be altered, and who can request it be enforced. As it currently stands, only the adoptive parents can file a petition seeking modification. In the future, this may be one area that is asked to be altered. The law also outlines that any party, as defined in the bill, may seek enforcement or termination of the contract. Any changes to the post adoption contract agreement must be found to be in the best interest of the child. If the agreement is not followed or is altered, an adoption cannot be overturned. Having a post adoption contract agreement is optional; not all agencies, adoptive parents, and birthparents will choose to engage in this contract. However, if they do, and it’s filed with the courts, it will be legally enforced.

You can read the full text of the law here: http://www.pdfdownload.org/pdf2html/view_online.php?url=http%3A%2F%2Fwww.legis.ga.gov%2FLegislation%2F20132014%2F136914.pdf

The producer explained that historically, domestic adoption has not been a common practice in South Korea. Additionally, stigmas related to placing a child for adoption or being an adoptee have kept adoptions that do transpire under wraps.

Last August, the Korean government passed legislation promoting transparency in adoptions by asking birthparents to register their identifying information when placing a child for adoption. On a broader scale, there is a movement to educate South Koreans on domestic adoption practice, and May 11, 2013 will mark the nation’s first Adoption Awareness Day.

The production company interviewed me about the benefits of open adoption practice and the reasons adoptive parents and birthparents choose openness. They also joined us for the Saturday portion of the Adoption Workshop to film Ali Desmond, one of IAC’s birthparents, and Matt and Christiana Simpson, an alumni adoptive family, share their stories with our new clients.

It was a great experience to watch the producers from South Korea engage in learning about open adoption practice, and to see their wonderment and surprise in learning how birthfamilies and adoptive families create strong bonds that last a lifetime. I know that social stigmas are still very real in South Korea, and that it will take time to break down misconceptions and fears, but I am proud that IAC was able to participate in such an important project, and look forward to seeing adoption practice in South Korea continue to shift towards transparency in years to come.

HB 201 Author Rep. Rafael Anchia of Dallas

The law as it stands today only hurts the rights of children in Texas by preventing them from obtaining a single document listing both of their legal parents. In some cases, the Texas BVS has refused to issue a birth certificate at all! By fixing this administrative roadblock, adoptee’s would be able to travel with either of their legal parents, register at school with either parent, and be able to legally inherit from both parents. These are all human rights that must be given to all adoptee’s without discrimination.

In summary, this bill will correct the current injustice done to adoptees of same-sex parents in Texas. The HB201 fact sheet sums it up perfectly: “It is wickedly wrong to use children as pawns in a political game.”

We couldn’t agree more. Texans, please contact your representative and urge them to support HB201.

She was a dedicated advocate for open adoption for 30 years. She helped educate the world about open adoption (I fondly remember doing many workshops with Ellen at adoption conferences over a 20 year time period), and she brought many families together through open adoption. Ellen’s vibrant spirit touched everyone she met.

We send our condolences to her family, including her three daughters.

GA Rep Mary Margaret Oliver

The Independent Adoption Center is an active supporter of HB 21. We believe that having a legally enforceable post adoption contract agreement, also known as open adoption agreements, is favorable to the adoption triad.Research has already proven that open adoptions are in the best interest of the children of adoption and having a legally enforceable post adoption contract agreement solidifies the concept of open adoption. The children of open adoption benefit from having people in their life who care about and love them. They will know the love that went into their adoption plan when they see that their birthparents and adoptive parents cared enough about them to make a plan in writing about having contact for the next 18 years. The birthparents of open adoption benefit from the healing and comfort that ongoing contact often brings. The adoptive parents of open adoption benefit from the comfort and knowledge that their child will have ongoing contact with their birthparents and that the birthparents have agreed to continue that contact. While adoptions are built on trust and honesty, having a legally enforceable post adoption contract agreement will comfort the triad in knowing that loss of contact, without just cause, will not be tolerated.

Not only do legally enforceable post adoption contract agreements benefit the triad, they also benefit the agencies, attorneys, and counties that provide adoption services. Agencies such as the Independent Adoption Center, who specialize in open adoption, receive some validation and protection in the work we do. It essentially recognizes the foundation of the work we perform in the eyes of the law. For other entities that work in adoption, and open adoption, this law will also offer them the same benefits. In cases where the county is involved in the adoption, there is a great possibility of increased rewards. If birthparents who have children in the foster system could be given the option of staying in their child’s life, with a guarantee of the law on their side, they would likely be more willing to voluntary terminate their rights rather than having to go through the pains of involuntary terminations, which also affect the children they are trying to protect. In cases in the foster system, this also is logical since the child likely had contact with one or both birthparents prior to removal, and very likely had been having ongoing visitation as their case has progressed in the system. Cutting ties involuntarily and immediately upon birthparent termination could have detrimental affects on the children, as well as on the birthparents.

There are currently 26 states that have a similar statute on the books. There is a rising interest on the part of birthparents to choose adoptive families who will be finalizing their adoption in one of these 26 states so they are ensured their best interests are protected. If Georgia signs this bill into law, we will be helping prospective Georgian adoptive families by being able to offer this to their potential birthparents.

It is important to know that having a legally enforceable post adoption contract agreement cannot be contingent on placement of a child through adoption. Birthparents cannot be promised contact if they decide to place. It is a separate acknowledgement that comes with the adoption and can be decided on before or after birth. If contact is not upheld, the adoption cannot be overturned. The party that feels the agreement is not being upheld may file a motion in the court to have the agreement reviewed and case heard. If there is just cause for lack of contact, it would be discussed at that time with a judge overseeing the dispute. If the agreement needed amended, it could be done so at that time with the help of the courts, a mediator, agency, or attorney. A judge could also refer the case to mediation before being heard in a court of law.

It is also important to note that legally enforceable post adoption contract agreements are optional. If an entity does not want to offer this as part of their services, they do not have to. If any party of the triad does not want to participate in the agreement, one does not have to be done. It is only for those adoption entities and members of the triad that want a legally enforceable post adoption contract agreement. These agreements can even be helpful for a triad that prefers a closed adoption. This could be documented in the agreement and filed with the courts so there is no confusion or claim of a promise of contact that is not being upheld.

HB 21, a proposed bill for legally enforceable post adoption contract agreements in Georgia, would offer the citizens of Georgia a great service. It offers protection, healing, and comfort to the adoption triad as well as validation and options to adoption entities. It is hopeful this bill passes the Senate and enacts into Georgia law.

John Eastman, Board Chair of the National Organization for Marriage

I hadn’t known it until just this week, but Supreme Court Chief Justice John Roberts, President Ronald Reagan, singer Marie Osmond, actor Hugh Jackman, journalist Judy Woodruff, basketball great Magic Johnson and I all have something in common: Our families are inferior.

At least that is what John Eastman, chairman of the National Organization for Marriage, suggested during an interview with the Associated Press about two cases currently before the Supreme Court regarding marriage rights for non-heterosexuals. Asserting that lesbians and gay men should not be permitted to wed because the primary reason for marriage is procreation, Eastman added, “Certainly adoption in families headed, like Chief Roberts’ family is, by a heterosexual couple, is by far the second-best option.”

Read more at http://www.huffingtonpost.com/adam-pertman/my-family-is-not-a-second-best-option_b_2884414.html

IAC opened a fully staffed office in New York City on August 1, 2013. By expanding into Connecticut, IAC will be able to better serve the people of the tri-state area who need open adoption services.

IAC’s office is located at Connecticut Business Centers, Six Landmark Square, 4th Floor, Stamford, CT. The office is open by appointment only. For more information call: (203) 747-8500 or visit us online at: http://www.adoptionhelp.org/about/offices-staff

“The purpose of the app is to provide a new way for people to get quality information about open adoption and how the process works,” said Ryan Schwab, IAC Marketing Director. “We also hope to match more families with potential birthparents using the technology.” The technology, developed by Bay Area team Reliable Coders, shows just one of the many ways IAC is bringing cutting-edge technology to adoption practice to ensure that birth and adoptive parents can connect in the most transparent way possible.

True to this goal, the forward-thinking app includes features that allow users to:

• Search for pre-approved families ready to adopt, based on preferences such as religious, family-type, ethnic and racial background.
• Connect with families located nearby using GPS settings.
• Find information about the adoption process, how open adoption works, and how IAC can help.
• Get free access to professional pregnancy counselors for more information, and answers to any questions.

“We have been a progressive agency since the beginning,” said Schwab. “Among our most important goals is to ensure that women are supported and aware of all their options. The app will help women to understand adoption so they can make the choice that is best for them.”

The IAC screens and approves all adoptive families featured on the app.

Syracuse Law Professor Kevin Maillard

The New York Times headlined the topic as “Adoptive Parents v. Tribal Rights“, but Syracuse University Law Professor and member of the Seminole Nation of Oklahoma, Kevin Noble Maillard reframed the question and proposed a solution he calls “splitting the baby” but is also known as open adoption.

Significantly, the last time the U.S. Supreme Court issued a ruling on ICWA was in 1989 in Band of Choctow Indians v. Holyfield, when the Court ruled that the Mississippi Band of Choctaw Indians had jurisdiction over a voluntary adoption made off the reservation by Indian parents to a non-Indian adoptive family. Ultimately, the tribal court decided to leave the children (twins) with the adoptive family, but mandated that they stay in touch with their tribe and birth families (essentially an open adoption).

As Mr. Maillard notes adoption cases need to focus on the best interests of the child. He states that it is not in the best interest of any child for a court to mandate their removal from a happy, stable home. Nevertheless, the child’s Indian heritage is important to both the child, the Indian tribe, and to the adoptive and birth parents.

In fact, one of the joys of open adoption is that there is no need to “split the baby.” The child knows their racial, ethnic, and cultural heritage and keeps ties to their birth family (at the Independent Adoption Center the most common open adoption agreement is one visit a year between birth and adoptive families with phone calls and email in between). The birth family knows their child is happy and well cared for. Finally, the adoptive family feels entitled to parent the child and can provide answers for their child’s questions about their cultural and ethnic background.

Most importantly, is this sort of “open” arrangement in the best interests of the child? According to significant longitudinal research, the answer is yes. The empirical evidence shows that open adoption has the best outcomes for adoptees. The research shows that adoptees in open adoptions report fewer externalizing behaviors, have better ratings of psychosocial adjustment, and believe that the contact had a positive impact, and helps with their identity formation. Furthermore, adoptees in open adoptions do not show any surprise, anger, or confusion about who their parents are.

ICWA is an important piece of legislation, but there are clearly cases where it is in the best interest of the child for non-Indian adoptive parents to raise the child. Open adoption bridges the gap between ICWA and the best interests of the child. The child would remain connected to their birth and tribal heritage, and this should be done though a legally enforceable contact agreement with the birthparents and/or the tribe. This is best for the child without sacrificing the intent of ICWA.

Ann Wrixon, MSW, MBA, is the Executive Director of the Independent Adoption Center, the largest and oldest fully open adoption agency in the United States.

Here are the highlights of the Adoption Tax Credit.

• In 2012, the tax credit was $12,650 for each adopted child. In 2013, experts anticipate the credit to be approximately $12,770, but the IRS has not yet announced the exact amount. In 2013 the maximum credit allowable is $12,970 for each child.
• In 2012, to qualify for the full credit, a family’s income must be $189,710 or less. The legislation gradually lowers the amount of the credit for families with incomes between $189,711 and $229,710. Families with adjusted gross incomes above $229,710 may not claim the credit in 2012. The IRS has not yet set the income criteria for 2013, but experts expect it will be a modest increase from the 2012 levels. 
• In 2013, phaseouts apply for taxpayers with modified adjusted gross income over $194,580, and is completely phased out at $234,580.
• Families adopting special needs children will continue to receive the credit as a “flat benefit”, meaning they will receive the full tax credit without needing to document adoption expenses.

That’s the good news. The bad news is that the credit is no longer refundable. This means that it only works to offset tax liability, or what you owe to the government. Removing the refundable aspect of the tax credit has the largest impact on low and middle-income families who do not have the large tax liabilities that higher income families do. Fortunately, any unused credit can be carried forward and applies to future tax liability.

“The Independent Adoption Center lauds Congress and President Obama for providing a permanent adoption tax credit for adoptive families,” stated Ann Wrixon, Executive Director of The Independent Adoption Center, “This is truly worthy legislation that every American supports. We hope in the future that Congress will make the credit refundable so that it also benefits the many middle and low-income adoptive families in our community.”