Adoption

News & Analysis as of

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

Does a Class Gift to Children Include Adult Adoptees?

The Probate Code says no, in most cases, but a recent court decision said yes. Here’s what happened in Sanders v Yanez (July 30, 2015, H041578) 2015 Cal App Lexis 662....more

New Regulations Clarify Time Off Under California Family Rights Act

In recently published amendments to its regulations, the California Fair Employment & Housing Council (FEHC) has clarified formerly confusing rules and brought the California Family Rights Act (CFRA) into closer parallel to...more

How to choose an adoption attorney for direct adoptions

It is very important to select a knowledgeable adoption attorney who has experience with direct placement adoptions. To find qualified attorneys, go to the American Academy of Adoption Attorneys and find an attorney near you....more

Religious Institutions: August 2015

The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more

U.S. Supreme Court Strikes Down State Laws Banning Same-Sex Marriage - Same-Sex Couples Should Review Their Estate Planning...

The recent U.S. Supreme Court decision in Obergefell v. Hodges, 135 S.Ct. 1039 (June 26, 2015),answered definitively the lingering questions following the Court’s decision last year in Windsor about whether states could...more

A Nationwide Right: Same-Sex Marriage Legalized in a Monumental Decision and its Impact on Estate Planning

June 26, 2015. A date that will undoubtedly be added to our history books and remembered for generations. This is because on this day, the Supreme Court of the United States guaranteed the right to same-sex marriage...more

Closed vs. Open Adoptions in New Jersey: Which is Best for You?

Choosing to adopt a child is a major decision that can be both beneficial and extremely rewarding for all involved. In New Jersey, adoptions are governed by statute (N.J.S.A. 9:3-38 et seq.). As individuals and couples begin...more

Adopting a Stepchild

I am frequently asked by stepparents what is involved in adopting their spouse’s child. The process is often quite simple, and brings a sense of wholeness and belonging to the child and family....more

Health Alert (Australia) - June 15, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales. O'Sullivan v Medical Council of New South Wales [2015] NSWCATAD 113 The New South Wales Civil and...more

Illinois Supreme Court Holds Doctrine of Equitable Adoption Doesn’t Apply to Parentage Proceedings

Two years ago, the Illinois Supreme Court recognized the doctrine of equitable adoption in the context of an estate proceeding. In In re Parentage of Scarlet Z.-D., the Court was presented with the question of whether the...more

Final employment law changes for this Parliament

Vinita Arora, a Partner in our London office, comments: On Monday 30 March 2015, Parliament dissolved and the period of pre-election purdah began, meaning that the government will be unable to make decisions or announce...more

Michigan Court of Appeals Reverses Adoption of Indian Child; Cites Michigan Adoptive Placement Preference Standards

As mentioned in a recent blog post regarding child custody proceedings involving Indian children in Michigan, significant legal and procedural requirements must be met before an Indian child may be adopted. ...more

Massachusetts Officially Provides Paternity Leave!

On his last day in office, Governor Patrick signed Senate Bill 865, the so-called Parental Leave Act (“Parental Leave”), which amends the Massachusetts Maternity Leave Act (“MMLA”) to provide unpaid leave to all eligible...more

Hey Guys, You Get “Maternity” Leave, Too!

For years, the Massachusetts Maternity Leave Act (“MMLA”), M.G.L. c. 149, §105D, only applied to female employees by its literal terms. The Massachusetts Commission Against Discrimination (“MCAD”), the agency tasked with...more

Changes to IRS Form for Qualified Adoption Expenses

The Internal Revenue Service (IRS) has released the 2014 version of Form 8839 (Qualified Adoption Expenses), as well as updated instructions. Taxpayers use Form 8839 to claim the adoption credit, an exclusion for...more

How Has The Legalization Of Same-Sex Marriage In Pennsylvania Altered The Adoption Process For Same-Sex Couples?

“Any individual may become an adopting parent.” This statement, cited from Pennsylvania’s Adoption Act now rings true for same-sex married individuals seeking to adopt their spouse’s children through what is called a...more

SPECIAL BENEFITS: Employers can pay adoption expenses for their employees

Almost 40 years ago now, a young mother had the courage to give me up for adoption to my parents who could not themselves have children. All of my life, I have reaped the almost-unbelievable benefits of my biological mother’s...more

Adoption Basics: Stepparent Adoptions

It is often said that 50% of all marriages end in divorce. Whether that statistic is true or not (some say not), I find myself helping many blended families with stepparent adoptions. Many of my cases are ones where the...more

New Jersey Law Allows Adoptees Access to Birth Certificates

On Tuesday, May 27, 2014, Governor Chris Christie signed a bill into law that allows adoptees access to their original birth certificates effective January 1, 2017. Under the amended law, N.J.S.A. 26:8-40.1, adoptees will be...more

Adoption Tax Credit for Same Sex Couples

Under The Internal Revenue Code Section 36C, an individual taxpayer may claim an adoption credit for qualified adoption expenses paid or incurred by the taxpayer. The total qualified adoption expenses that may be claimed as a...more

Fifth District Reinstates Judgment Of Adoption

On May 21, 2014, the Fifth District Court of Appeal released: In the Matter of the Adoption of D.P.P., No. 5D13-1766 (Fla. 5th DCA May 21, 2014) (Not final until disposition of timely filed motion for rehearing), reversing an...more

Palm Beach County United for Children with Pinwheels

On any given day in the state of Florida, there are approximately 750 children ready to be adopted from foster homes with no identifiable family. There are also over 50,000 children in Florida who are neglected or abused,...more

Alabama Legislative Update - Week 4: Getting Down to Business

The Alabama Senate is required to vote on sunset legislation by the tenth legislative day and, under current procedures, each sunset bill has to be individually considered by the Senate. ...more

IRS Releases Q&A on Elections and Reimbursements in Cafeteria Plans Post-DOMA

On December 16, the IRS released Notice 2014-1, providing additional guidance on administration of employee benefit plans in light of the Supreme Court’s June 26, 2013 decision in United States v. Windsor. Windsor invalidated...more

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