FAQs Archive - Page 4 of 5 - Myers Strickland Arizona Adoption & Assisted Reproduction Attorney

Q: 06. What rights does the father have?

If you were married at the time of conception or at any time during the pregnancy, your husband must consent to the adoption. If you were not married, the father can be served with a notice that you have made an adoption plan. If he doesn’t file a paternity action within thirty days of being served with that notice, his consent to the adoption is not necessary.

Q: 03. Will it cost me anything to work with your firm?

No. All legal fees and costs are paid by the adoptive parents.

Q: 02. How will I know that the adoptive family is a good placement for my child?

In Arizona, people wishing to adopt must have a home study which looks at their personal background and their home to determine whether they are suitable to have a child placed in their custody. A criminal background check and child abuse clearance are a part of this study. The home study is reviewed by the court and the family is then certified as acceptable to adopt. In other states, the family must have a home study completed by a licensed agency that recommends adoption by the family. This study also includes a criminal background check and child abuse clearance.

Q: 14. What is the federal adoption tax credit?

The federal government has provided for a tax credit to assist adoptive parents with the expenses of an adoption. The credit phases out based on your modified adjusted gross income. The tax rules that govern how the credit is claimed and the amount of the credit are determined by the year your adoption was finalized. You will need to check with your own tax preparer to be certain that you qualify for and receive all of the benefits of this credit. The list below shows the maximum adoption credit that can be claimed, per child, by year: 2017 - $13,570 2018 - $13,840 2019 - $14,080 2020 - $14,300 2021 - $14,440 2022 - $14,890 2023 - $15,950 If the child being adopted qualifies for the adoption subsidy program, the child is deemed “special needs” by the IRS and the full amount of the tax credit is available, regardless of whether or not any expenses were incurred in the adoption. Special needs children are usually those who come through the Department of Child Safety.

Q: 13. What is the Indian Child Welfare Act (ICWA)?

The Indian Child Welfare Act, usually referred to as ICWA, is federal law that protects an Indian Tribe’s right to be involved with children who are members of the tribe or eligible for membership. A birth mother who is a member of a tribe, but who does not live on the reservation, may make a voluntary adoption plan for her child. Consents to the adoption of an Indian Child cannot be given until 10 days after the birth of the child. The consent to adopt can be withdrawn by the Indian parent at any time and for any reason, up until a final decree of termination or adoption is entered.

Q: 12. What is the Interstate Compact on the Placement of Children (ICPC)?

ICPC is an agreement between the 50 states to ensure that a child moving from one state to another to be adopted is being placed into a suitable home with adoptive parents who are qualified to adopt. Administrators of the compact in both the sending state, where the child was born or currently resides, and the receiving state, where the adoptive parents reside, review the adoption paperwork, including the home study, before granting approval for the child to leave the sending state and travel to the receiving state. In Arizona, adoptive parents cannot get approval to bring a child home from another state unless they are currently certified by the Superior Court as acceptable adoptive parents or are licensed foster parents. The compact does not apply to a parent, stepparent, grandparent, adult sibling, aunt, uncle, or guardian.

Q: 10. Does a Birth Father have to give his consent to an adoption?

If the birth mother is married, her husband’s consent to the adoption is necessary, even if he is not the biological father. If DNA evidence of paternity rules out the husband as the father of the child, his consent may not be necessary. For potential fathers who are not married to the mother, a notice must be served to them advising them of the mother’s adoption plan. The potential father has 30 days from the date the notice is served to file a paternity action in the Superior Court and to have the mother served with a copy of the paternity paperwork. If he does not file the paternity action and serve the mother within 30 days, his consent to the adoption is not required.