Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Chicago South Loop
312-528-3290
Subscribe to this list via RSS Blog posts tagged in adoption

Posted on in Adoption

Lombard family law attorneySame-sex marriage is now legal in all 50 states, with all the attendant rights and responsibilities that marriage entails. Parenting for same-sex couples can be tricky, however, as certain legal issues are likely to arise. Fortunately, the state of Illinois has measures in place to help same-sex parents obtain and exercise parental rights in variety of situations. One such option is a second parent adoption, or SPA.

SPA Defined

Second parent adoption is defined as an adoption in which a second parent may adopt a child without the first losing any parental rights. Normally, adoptions require a parent to renounce his or her parental rights—or to have them terminated—in favor of another caregiver, but SPA allows both caregivers to have legal rights regarding the child.

...

Posted on in Adoption

DuPage County adoption attorneysAdoption can be a wonderful and happy event for everyone involved. However, there are times when the process becomes quite complex, especially when an adoption involves a parent who ostensibly could assert parental rights, yet is nowhere to be found. There is a very specific process to go through before a child with an absentee parent (or two absentee parents) may be adopted into a family where he or she will receive the kind of attention he or she deserves.

Abandonment and Desertion

In most situations, a child is presumed to have two parents, but this is not always the case. However, this may be untrue in certain cases. Illinois allows paternity to be legally established immediately following the birth of a child, by one of four methods:

...

Posted on in Adoption

Lombard family law attorneysAdopting a child can be one of the most rewarding decisions an individual or couple can make. A person or couple who chooses to adopt is giving a family to a child who may not have otherwise had one. Almost certainly, they will change that child’s life for the better. Whether you cannot have biological children due to a fertility issue or you are a same-sex couple wanting to start your own family, adoption is a choice that may allow you to fulfill your dreams of parenthood.

Some individuals choose to adopt a child on their own without a partner. You may have lost a partner or spouse, or maybe you just never met the right person. Through adoption, you can still have a child of your own. Others have no pressing need to adopt but decide to do so for personal reasons. Whatever your motivation for adopting, you are sure to make a difference in a child’s life.

As we get ready to begin 2017, many are preparing New Year’s resolutions. If you have been thinking about adoption, this could be the year you finally make it happen. Adoption may be the right avenue for you to grow your family because:

...

Posted on in Adoption

Lombard family law attorneyWhile it may seem cold and impersonal to reduce family relationships to mere statistics, the numbers can hardly be disputed. The U.S. Census Bureau estimates that, thanks to increasing rates of remarriage and other factors, some 1300 new stepfamilies are formed every single day in the United States. It has become much more common and expected for a child to have a separate relationship with each parent and their respective new partners following their remarriages. In some cases, a child’s relationship with a particular stepparent becomes so strong that the stepparent may be inclined to legally adopt the child.

If you are thinking about adopting your stepchild, however, there are a number of things you will need to consider, including:

You Assume Full Parental Rights and Responsibilities

...

Lombard adoption lawyersThe Chicago Tribune reports that there are currently more than 17,000 children in Illinois who are in foster care, with over 6,000 of them being cared for by non-relatives. In addition, there are approximately 1,000 children available for permanent adoption in the state on any given day. With so many children in need of loving homes, state officials are always looking for more couples and families who are willing to provide stability and care.

“We just don’t have enough people who have stepped forward,” said Susan McConnell, founder of a regional nonprofit group that advocates for adoption and foster care. Her group, Let It Be Us, has joined with the Illinois Department of Children and Family Services to promote participation in the state’s adoption and foster care programs among gay and lesbian parents. “We think that in the (LBGT) community,” McConnell continued, “there are people who would be good parents.

Increased Rates of Participation

...

adoption, guardianship, Lombard family law attorneyWhile most people are familiar with the concept of adoption, many may realize that there are alternatives to adoption that can grant an individual certain authority over a child’s life. In Illinois, as well as other jurisdictions, it is possible to seek legal guardianship of a minor child. Guardianship, in many ways, is quite similar to adoption but is quite different in others. If you are looking to provide a loving home to a child in need, understanding the differences between the two can help you make the best choice for your specific situation.

Many Similarities

Guardianship of child grants you the legal authority to act as the child’s parent in virtually all areas of the child’s life. You become responsible for tending to the child’s day-to-day needs, as well as making medical, educational, and other decisions regarding the child. An adoption would provide you with all of the same authority and responsibilities regarding the child.  Both adoptions and guardianships in Illinois will only be granted if the child’s birth parents consent to the arrangement, have been found to be unsuited for providing such care for the child themselves, have passed away, or cannot be located.

...

Posted on in Adoption

adoption laws, illinois adoption, Arlington Heights family law attorneyAdoption is one of the ways family law works to create happy, healthy families. The laws that govern the adoption process are in place to create a balance between the rights of biological parents and what is in the best interest of children. Legal adoption is when someone who is not the biological parent becomes the legal parent of the child, with the same rights and duties as if the child had been born to them.

Paths to Adoption

There are three major ways an adoption process can be completed:

...

Posted on in Adoption

stepparent adoption, Illinois law, Arlington Heights Family LawyerIn today’s world, blended families are becoming increasingly common. For some, it may be the result of a remarriage, while others are waiting longer to get married for the first time. Whatever the case, a marriage involving children from previous relationships can be both extremely challenging and very rewarding. What happens, however, when your new spouse expresses interest in pursuing the adoption of your child?

Why Adoption?

When you chose to marry your new spouse, you probably gave a great deal of thought to his suitability as a stepparent. Like most parents, you probably consider your child’s happiness and best interests in virtually every decision you make. Hopefully, the transition to a new parental situation has been a positive one for your child and his or her relationship with your spouse is becoming stronger every day. A stepparent bond does not require adoption to be effective; it is based on human interaction, trust, and mutual love.

...

Posted on in Children

Adoption in Illinois, Lombard Family Law Attorney, Safe Haven LawIt is easy to understand how an expectant mother may feel overwhelmed by her circumstances. Social, family, and financial pressures as well as internal insecurities can all certainly contribute to her feeling that she may be unprepared and unable to properly care for a child. Since 2001, more than 70 infants have been illegally abandoned in Illinois, many presumably by mothers struggling to deal with the challenges of raising a baby. However, in the same time period more than 100 infants have been legally relinquished at designated Illinois locations, allowing them the opportunity to be placed with foster families or couples seeking adoption.

The Abandoned Newborn Infant Protection Act was enacted in 2001 to provide a safe and legal alternative for parents who may feel they have no other options. Commonly known as a Safe Haven Law, the legislation identifies hospitals, emergency facilities, police stations, and staffed fire stations as "safe havens" at which an infant under 30 days old may be relinquished without the threat of abandonment charges. The relinquishing parents are encouraged but not required to provide medical and family information, or they may choose to do so at a later time or by mail in order to maintain a level of anonymity. The baby is then taken to an appropriate medical facility for an exam and any needed care, and, in most cases, placed with or adopted by a loving family almost immediately.

Although the Safe Haven Law has been in place for more than 13 years, many residents seem to be unaware of its existence. Dawn Geras, creator of the Chicago-based Save Abandoned Babies Foundation, was instrumental in the creation of the law and remains active in her efforts to educate the general public. In addition to notification signs at legally designated safe haven buildings, the organization offers posters, brochures, and school based educational materials so that those most likely to need the protection offered by the law have the information they need.

...
language of adoption

The Illinois Department of Children and Family Services (DCFS) and the American Academy of Pediatrics (AAP), both highly dedicated to the health and well-being of all children, would like to remind medical professionals, family and friends associated with a recent adoption that often unnecessary or thoughtless language can damage the already fragile self-esteem level of the child and even perhaps the adoptive parents.

In conjunction with the AAP, the DCFS offers the Let’s Talk! Respectful Adoption Language and Behavior booklet, both online and in hard-copy form to all medical professionals or interested adoptive families or friends interested in the Do’s and Don’ts of adoption language and behavior.

The following guidelines provide respectful options for broaching the subject of adoption. These guidelines may also prove helpful to those couples considering adoption as to what may be appropriate and what may be insensitive.

...

orphan adoption, The Orphan Foundation, Lombard family lawyer, Lombard adoption attorneyAccording to a recent article by Joe DiDonato, Co-founder and Chairman of The Orphan Foundation, adoption is experiencing new found advancements driven by a completely new set of personal motivators. No longer does the word "adoption" equate to couples experiencing infertility or solidifying the blended step family. What the Foundation found by implementing a grant program shows a totally different aspect of the adoption process.

With the acceptance of grant proposals by the Foundation, what the Board has found is that adoption is now geared toward helping children worldwide, often those with special needs releasing the stereotypical notion of why families turn to adoption.

Listed below are two examples of the first three proposals submitted to the Foundation for grant consideration.

...

international adoption, foreign born adoption, children, Illinois adoption lawyerDeciding to adopt a child is an intensely personal decision. In some cases, parents attempt to adopt a child from within the United States, preferring a child who is culturally similar to themselves. A newly released census report shows this is not always the case, however.

According to USA Today, two percent of the 64.8 million children in the United States are adopted. Of those, thirteen percent were adopted from foreign countries, mostly within Asia. Interestingly, the rate of international adoptions increased by 12 percent from 2000 to 2010, and 28 percent of all adopted children were adopted by a family whose race was different from their own. In fact, 37 percent of children whose adoptive families were of a different ethnicity were born outside of the U.S. The article states that there has long been an interest in international adoptions in the United States, particularly by wealthier families. In fact, foreign-born adopted children were found to be more likely to live in households with incomes at or above $100,000/yr when compared to to U.S.-born adoptees. Pediatrician Jane Aronson told USA Today that this may be because families with higher incomes are more inclined to help children from poorer countries. This may also be due, in part, to the expense associated with international adoptions. Naturally, adopting a stepchild or a child who was born and currently resides in the U.S. will cost less than adopting a child from a foreign country. The travel expenses alone make international adoptions prohibitive for less wealthy families. Whether international or domestic, adoption can be a difficult and at times confusing process. It is always best in these situations to have a qualified family law attorney on your side to help you through the process. If you are hoping to adopt a child in Illinois, contact A. Traub & Associates today for a consultation. They can ensure that your adoption proceeds as smoothly as possible so that you and your new child can begin building memories as soon as possible.
family, adoption, adopted children, biological children, Illinois family lawyerTwisting and turning through the daily challenges of blending the lives of your adopted and biological children can certainly add a few new ones along the way. One being the subject of how to discipline and keep your household functioning on an even keel. According to the American Academy of Pediatrics, finding a healthy balance is essential. For parents in this situation there is a certain disconnect when it comes to disciplining a blended family dynamic. There is a tendency for parents to hesitate to discipline an adopted child while setting fewer limitations on their biological offspring. This situation may also hinge on whether your adopted child has behavioral issues due to underlying issues. Each of your children are unique. Following these simple suggestions may define the house rules for all involved and keep you from second guessing your decision to choose adoption to grow your biological family. House Rules Involve your children in the rulemaking process. Provide them the opportunity to set a few rules or provide input to the rules you have established. Just remember to define rules according to the individual child's age. You may notice that since they have participated in the process, they will accept the new rules with less conflict. Consequences Just as you provided your children the opportunity to set the rules, give them the same opportunity to define the possible consequences when the rules are broken. Once again, consequences should be age appropriate. Consistency As parents, you also need to remember not to deviate from the rules or consequences. The rules are the rules, no ifs, ands or buts! Giving in every once in a while will only tempt your children to test the limits. Seems easy, right? Perhaps easier said than done. As the ruling executive branch of the household how you discipline is your choice but some of the following may assist with establishing a well-rounded discipline program. Time-out

One of the oldest and most effective discipline methods. Pick a specific time-out post for each child. When placing your child in his or her designed location set the length of the time-out based on the child's age plus one additional minute.

Time-in

If your adopted child has been diagnosed with attachment issues this method may prove more productive than the traditional timeout. The length of the time-in should follow the same format as time-out but the child is shadowing your every move while serving his or her time.

...

adoptionAccording to the U.S. Department of Health and Human Services, adoption is the process whereby a person assumes parenting for another and, in doing so, permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents.

In many cases all goes well with the process and integration of the adopted child into a thriving and loving family. So much so that the Adoption USA: National Survey of Adoptive Parents, supports that 81 percent of parents have established a "very warm and close" relationship with their adopted son or daughter. But what happens when  adoption turns out not to be the idyllic family portrait you were hoping for? The most infamous case was that of the young Russian boy who was returned to homeland by his adoptive mother. Another case highlights a former attorney from Spokane, Washington who after much concerted effort decided to place her adopted child, originally from Haiti, up for adoption to preserve the safety of her two younger children. ABC News', senior health and medical editor, Dr. Richard Besser agrees that these cases are heartbreaking, but atypical. Besser reports that 80 to 90 percent of all adoptions are successful and offers the following advice for parents considering adoption: Adjustment Period – take time to let your child relax and become familiar with the family routine. It takes a period of time to determine if any disruptions are due to adjustment issues or if the situation is hindered by a medical or psychological disorder. Realistic Expectations – for parents considering adoption, do not place high expectations on your child from the very beginning. For those children being adoptive from foreign countries, the majority of these children were institutionalized and may need a longer adjustment period. Do Your Homework – before finalizing the adoption, take the time and effort to research and learn as much about your child as possible. Come to know all of the circumstances of their "former" life and then adjust your expectations based on your findings. Rely on a Strong Support Network – enlist family and friends. Join an organized support group and seek out community based services available to families of adoptive children. Besser also recommends using a pediatrician experienced with adopted children. Raising a child, either biological or adopted is a lifelong challenge. No one can predict the outcome or the trials and tribulations along the way. It takes love, compassion, patience and guidance. For the majority of adopted children they will thrive in their environment but for those who have deeper issues that hinder growth development and evoke social and cognitive disorders we can only hope that one day they will find their way. As for the parents who tried we can only applaud their endless effort. If you are considering adoption and reside in the Lombard or Arlington Heights communities, the adoption attorneys of A. Traub & Associates understand your legal and emotional concerns. We are experienced in both domestic and international adoption and can guide you through the process with finalization within a few months. Adoption takes a strong commitment and we understand you also need a strong committed legal team with you every step of the way. For more information on how A. Traub & Associates can help you, contact us at 630-426-0196 for an affordable consultation today.

Posted on in Child Custody

In the past 10 years, the Illinois Department of Child and Family Services (DCFS) has helped more than 17,000 children find permanent homes. Adopting a child through DCFS comes with its own special benefits and challenges.

adoptionDCFS recognizes the challenges associated with adopting a child who is currently living in foster care or group homes. To make the process as easy and smooth as possible for potential adoptive families, DCFS offers a number of different support options for potential adoptive families, including:

  • Reimbursement for the costs associated with adopting or assuming guardianship of a child from DCFS, including court costs and attorney’s fees;
  • Monthly adoption subsides to help support the child’s basic needs such as food and clothing;
  • Supplemental assistance for healthcare needs through Medicaid enrollment;
  • Counseling and adoption support groups for the adoptive parents;
  • Counseling services for the child, if necessary;
  • Therapeutic day care.

In addition to these supportive services, DCFS has also launched an adoption support line. This free service can be reached by calling 1-888-962-3678 (962-ADOPT) and provides an immediate connection to trained adoption preservation staff. The staff that can be reached at this line can provide assistance for urgent situations, and can connect families with experts for more long-term needs. The adoption support line can also provide answers to questions about adoption from the general public or potential adoptive families. The line is open from Monday through Thursday from 8:30am to 8:00pm and on Fridays from 8:30am until 5:00pm.

...

Couples who are hoping to make a difference in the lives of children in Illinois have a number of options available to them through the Illinois Department of Children and Family Services (DCFS). While many people consider adoption before other options, agreeing to foster a child or taking guardianship can also provide an option under Illinois family law. Before choosing, it is important that potential parents understand the difference between these three options.

Illinois foster care, guardianship, adoption lawFoster Care

Agreeing to foster a child can make a huge difference in their life. In this option, families agree to give a temporary home to a child who has been removed from their home due to unsafe conditions. While this option is intended to be temporary, it can have an enormous impact on the child’s life. In some cases, it may not be possible for a child to be returned to their former home. Foster parents may be given the option to adopt the child if this happens.

...

On October 28, 2013, the state of Illinois, led by Attorney General Lisa Madigan, filed a lawsuit against Adoption Network Law Center based in California. The defendant is an online adoption agency that has broken numerous state laws by advertising and soliciting online adoption customers from the state of Illinois. The attorneys here at Angel Traub and Associates are carefully watching this case in order determine what effects it will have on adoption law in Illinois.

Illinois adoptionState of Illinois v. Adoption Network Law Center

The defendant, Adoption Network Law Center, is a California based online adoption agency and one of the very first websites that comes up in "online adoption" searches in Google. On their website, Adoption Network Law Center promises simple adoptions for a fee. In the State of Illinois' lawsuit it is alleged that Adoption Network Law Center is not certified by the Illinois Department of Children and Family Services (IDCFS) to provide adoption services, and thus is in violation of the Illinois Adoption Reform Act. Preceding the lawsuit, the attorney general sent cease and desist letters to Adoption Network Law Center and similar online adoption websites. Adoption Network Law Center did not stop advertising in Illinois, and as a result the above mention lawsuit was filed.

...

Doug and Chris Maulden-Locke, from Virginia, moved from Maryland and then back to Virginia again during the process of adoption. The couple waited to get through the pre-adoption background checks for eight months before finding a baby in just 10 days. The couple had to go before a Maryland judge for the final adoption approval, a process that has been challenging for same-sex couples before. With the unique nature of pursuing adoption as a same-sex couple, hiring an adoption attorney is more important than ever.

In some jurisdictions around the country, it’s rare for judges to approve adoptions where same-sex couples are involved. Slowly, however, judges and jurisdictions are paving the way for these individuals to bring a new child into the homes of loving parents. Although decisions used to be made on a judge-by-judge basis, the greater cultural trend of valuing the potential societal value of qualified same-sex adopted parents is making it easier for these couples to grow their families.

In Illinois, there are several requirements to be an adoptive parent. These individuals can be single, married, or divorced. In some cases, these individuals or parents may already have birth children, but those who do not are also eligible to adopt. These parents must be able to financially manage the addition of a child to the family (no strict income requirements are in place, however). The adoptive parents must be free of criminal histories that would stop the adoption licensing process, and they must have space for another child in their home. Home ownership is not required.

...

Posted on in Child Custody

In recent years, people are marrying later in life.  Or they have health issues that make it harder to conceive a child.  In order not to miss out on creating a family, they review different options for expanding their families if they cannot do so naturally.  Some options include adoption and surrogacy.

Surrogacy requires a third party to carry a fertilized egg to term for a couple who can&t have a child of their own.  Traditional surrogacy requires the surrogate to provide their genetic material to create the baby.  The sperm can be provided by the intended parent or by a third party donor.  Gestational surrogacy does not require the surrogate to supply an egg so there is no relation between the surrogate and the baby.  Both kinds of surrogacy require a legal contract to ensure transference of custody after the birth.

Surrogacy has gained popularity lately, partially due to the number of celebrities who have used the process to become parents like Jimmy Fallon, Elton John and Nicole Kidman.  But it has also gained esteem in Illinois because of the Gestational Surrogacy Act of 2005.  So much so that couples come from around the United States and Europe to have their surrogate births in Illinois to benefit from the pro-surrogacy climate.  The major benefit of the Gestational Surrogacy Act is that it transfers parentage immediately after birth which eliminates the need to visit adoption court and eliminates a possible custody battle with the surrogate.

...

Posted on in Children

There’s been quite a bit of buzz in the news lately about the aging population. In fact, it could be argued that the Baby Boomers haven’t made the news in quite this way since their teenage years—and the influx of trend stories does not seem to be slowing any time soon. According to Time magazine, citing statistics from the Center for Disease Control and Prevention (CDC), "in 2010 the average life expectancy rose from 78.6 years in 2009 to 78.7 in 2010." But it’s not just that people are living longer—the real boon is that people are staying healthy longer, meaning that the final years of the average American’s life are not spent tied to a hospital bed in pain. David Cutler, the Otto Eckstein Professor of Applied Economics at Harvard told Time that "where we used to see people who are very, very sick for the final six or seven years of their life, that’s now far less common. People are living to older ages and we are adding healthy years, not debilitated ones."  

There’s a lot people can do with the extra time on Earth, and one of them, interestingly enough, is to adopt. According to the Huffington Post, a significant number of Americans are "bucking the idea" that being 50 or 60 is too old to be a parent. Adam Perman, author of "Adoption Nation" told the Huffington Post that the "boomers’ embrace of adoption [is] ‘a trend that’s clearly happening,’ although he does not know of any group tracking the ages of adoptive parents." While there’s not yet research that has polled Boomer adoptions, Pertman believes that a significant contributing reason for this is that "the world has changed, but our biology hasn’t." Women are living well into their 80s, he said. "They can have a child when they are 50 and still live to see their grandkids."

And this could be good news for children who need adopting. Older parents, with more money, and, presumably, patience, "are very often happy—actually seek out—the adoption of an older child. This serves all parties and society," Pertman told the Huffington Post.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top