Arneson, Stewart & Styarfyr, PCArneson, Stewart & Styarfyr, PC2023-11-03T06:37:38Zhttps://www.arnesongroup.com/feed/atom/WordPress/wp-content/uploads/sites/1601286/2020/09/cropped-siteicon-32x32.pngOn Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=470452022-10-03T22:36:02Z2022-10-03T22:36:02Z“Giving a baby up for adoption”
This might not sound so bad. However, besides being hurtful to a birth mother, it doesn’t describe what a woman (and sometimes a couple) does when they make the decision to give a child a chance at a better life than they can provide, or when they’re just not ready to raise a child (or another child).
The “real” parents
Kids who have been adopted are often asked if they know who their “real” parents are. That can be extremely confusing and hurtful to a child and insulting to the adoptive parents. A child’s adoptive and birth parents can all be considered their “real” parents. However, for many kids, their adoptive parents are the only ones they ever know. Even if they eventually choose to connect with their birth mother or other biological relatives, they often still consider the people who adopted and raised them their “real” parents.
One of the greatest gifts adoptive parents can give their children is to prepare them to handle careless and hurtful language and not to let it damage their identity or self-esteem. Some of the choices you make during the adoption process will determine how much of a role a child’s birth parents will play in their life or even if they are able to learn who they are, if they choose to. Having experienced legal guidance helps you explore all of your options.
]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=470432022-08-17T20:28:58Z2022-08-17T20:28:58ZEducate yourself about what it requires
Stepparent adoption often involves numerous steps. You need to get permission from your spouse and the other parent if they are still alive and the state has not terminated their parental rights. You will have to fill out certain paperwork, and you may need to complete a home study.
The entire process can easily take more than a year even with professional help. You need to have a realistic idea of what so that you can explain it to your spouse as well as the benefits of adoption. These include giving your stepchildren a sense of stability and allowing them to continue living with you if something ever happens to your spouse.
Some people worry that they might lose their children's survivor benefits, for example, if their deceased former spouse was a military servicemember. However, your adoption will typically have no impact on any benefits or rights they have because of a biological relationship with a parent who has already died.
Be open to their side of the situation
The goal of stepparent adoption is to strengthen your unique family unit, not to damage it. You need to understand that there is a possibility your spouse will oppose the adoption, possibly for emotional reasons.
Maybe they fear their ex and worry about what would happen when asking them to give up their parental rights. Maybe they strongly believe because of religious reasons that maintaining the tie to a deceased parent is very important. You need to be ready to accept their perspective and to adjust your expectations according to what they think would be best for your family.
Thinking about the practical consequences of a stepparent adoption will help you prepare to talk about one with your spouse.]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=470322022-07-13T20:03:23Z2022-07-13T20:03:23Zadopting your stepchild would be a good option.
If you go through with the application to adopt, remember that you will need to meet specific requirements to do so. Those include being a resident in the state for at least six months and having the permission of both biological parents. In some cases, your stepchild will need to agree as well.
At what age can a stepchild refuse to be adopted by a stepparent?
In Oregon, your stepchild can begin making decisions about who they want as an adoptive parent at 14 years of age. That means that if your stepchild is under that age now, you can begin the process without their input. Once they reach the age of 14, the court will require that they give their written consent to be adopted.
The reason for this is important. Once they are adopted, their former biological parent will no longer be a part of their life legally. While you and the other parents may agree to allow them to see their child on and off, they won’t have any legal standing in being a parent any longer. Their parental rights will be terminated.
Your teen stepchild needs to agree, so have a discussion
You should talk to your stepchild about the adoption regardless of their age, but you absolutely need their agreement if they are 14 or older. It’s helpful if you and their other parent(s) sit down together to talk about the adoption, what it means for them and the benefits and downsides. While you may want to push them towards agreeing, it’s fair to give them all the information and to allow them to decide on what they think they’d like to do at that time. If they choose not to be adopted now, you have the option of adopting them any time in the future if they change their mind, even once they’re an adult.]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=470302022-06-15T20:37:34Z2022-06-15T20:37:34ZName changes during adoptions are faster
Typically, if you want to change a child's last name or surname, you must do so by filing paperwork and publishing notice of your intent. Only after meeting those statutory requirements can Oregon residents legally change their names.
Families already intending to go through adoption proceedings can double up and handle the adoption at the same time that they handle the name change. The courts even waive the requirement for pre-change notice publication when a name change for a minor is part of adoption proceedings.
You do need to file the right paperwork at the right time and pay certain costs to the courts when requesting a name change in conjunction with an adoption. Still, doing both steps at the same time can be the best approach.
Not every child wants to change their name
Sometimes, as when a foster parent, stepparent or grandparent adopts a child, the child may want to keep their name the way that it is. Their name may preserve their bond to a deceased or missing parent or to the other side of their family.
For others, changing their name can be an important step, making them feel like they're part of a new family or severing a tie to someone who abused or abandoned them. Adoptive parents should have a discussion with the child about their preferences when deciding what to do about their name.
Understanding the rules that apply in Oregon adoption scenarios will help your family make the most of this big upcoming change.]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=470112022-05-13T18:09:43Z2022-05-13T18:09:43Zchanges made to ORICWA, and how might they impact prospective adoptive parents in Oregon?
ORICWA affects the placement and adoption of Native American kids
One of the most important aspects of the changes to ORICWA is the focus on determining when tribal jurisdiction applies and involving tribal authorities in major decisions when possible. State authorities and private adoption agencies will now need to notify the Department of Human Services when there is an adoption request involving a Native American child.
There are also placement rules that will apply in adoption situations. Parents who currently do not have custody of their children can take action to prevent their adoption in some scenarios. Especially when Native American parents do not consent to the adoption and face the involuntary termination of their parental rights, ORICWA and ICWA can help them assert their rights.
There are also counseling rules in place now to prevent agencies from lying to or tricking desperate parents into voluntarily giving up their rights. If adoptions do move forward, the tribe can potentially play a role. They can approve someone to serve as an adoptive parent in line with the tribe's customs.
What will this mean for you?
As someone hoping to adopt or currently fostering a child, the changes made to ORICWA could affect your options for expanding your family. Those who hope to adopt a child with Native American heritage and local tribal connections may need to take extra steps to legally adopt the child they love.]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=470092022-04-14T17:40:30Z2022-04-14T17:40:30ZWhat’s the same about step-parent adoptions and second-parent adoptions?
Step-parent and second-parent adoptions are both used to give a second parent the rights of a biological parent. In both cases, the new parent is adopting a partner’s legal child.
What’s different about step- or second-parent adoptions?
There are perhaps more differences than similarities when you get down to it. Second-parent adoptions are for unmarried people and those in same-sex relationships. The adoption creates a legally binding relationship with the child where one may otherwise not be possible.
Step-parent adoptions are for married couples. In these adoptions, the step-parent seeks the rights and responsibilities of the child’s second biological parent. In the case that the child still has two parents, the other parent would have to give up their parental rights, have them taken away or no longer be able to exercise them (such as in the case of death) before the step-parent would be able to seek to adopt their step-child.
You may want to consider adoption in your relationship
If you have a step-child or are in a same-sex relationship and would like to adopt your partner’s child to be sure you have the same rights and relationship to them as your partner, husband or wife, then you may want to look into adoption. Both kinds of adoption have their own requirements and difficulties, but the benefits that come with them are unmatched.
With a completed adoption, a parent who would otherwise have not had a legal obligation to the child (or the legal right to custody in the event of a separation or divorce) will now have the same rights and responsibilities as the biological or legal parent.]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=470042022-03-15T22:05:41Z2022-03-15T22:05:41Zadult adoption could be an option for you.
It can be a complicated process to adopt another adult, so it makes sense to look for some guidance throughout the process.
Is adult adoption legal?
Yes, though you will likely need the permission of the adult who you want to adopt. This legal process allows a single person or couple to adopt someone who is volunteering to be adopted.
Why would an adult want to be adopted?
There are a myriad of reasons why adults may want to be adopted. They may want to be adopted because you’re their birth family member or because they were a foster child who would like to be formally adopted into the family.
In some cases, medical necessity makes it a smart choice to adopt an adult who has special needs or health issues.
Another important reason could be for the purposes of inheritance. When you formally adopt an adult as your child, they will gain legal inheritance rights because of that relationship. So, if you want to be positive that you will pass on certain assets to them, an adult adoption may be a good choice.
What should you do if you want to adopt another adult?
If you are interested in adopting another adult, it is a good idea to sit down with them and discuss this as an option if you are able to. They will need to give consent in most cases, but if you express why you’d like to adopt them and how it may benefit them, they may be happy to go through with this legal change.
If you have the permission needed and would like to get started, then you may want to look into speaking with someone who can help you file the correct paperwork with the court and help you make this change official.]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=470022022-02-11T19:12:03Z2022-02-11T19:12:03ZStruggles with addiction
The opioid crisis has stressed American families in an unprecedented way. Parents who absolutely love their children may still struggle with chemical dependency that leaves them unable to truly parent. They may be unable to keep jobs or provide stable housing. They may even struggle to stay conscious while under the influence.
In recent years, opioid addiction has joined alcoholism as one of the more common reasons for grandparents to assume a parental role. When addiction leaves your adult child unable to parent, you can adopt your grandchildren and meet their needs instead of leaving them in an unsafe situation.
Incarceration of a parent
Even if chemical dependence doesn't lead to neglect or abusive behavior, it could lead to criminal charges. So too could unaddressed mental health issues. Being a parent or having substance abuse issues won't prevent someone from going to jail if they steal or assault someone.
If your child gets arrested and convicted of a criminal offense, they won't be able to care for their children while in state custody. Adopting grandchildren because of their parent's incarceration is a common practice.
Abandonment or termination of parental rights
Sometimes, a parent drops their children off with their grandparents and then leaves. Abandonment may have already forced the day-to-day responsibilities for your grandchildren on you. You may also have stepped into a parental role if the state removed your grandchildren from their parent's care or terminated their parent's parental rights.
Physical health issues and mental health problems could also lead to grandparents stepping up into a more parental role. Recognizing that your circumstances may justify your decision to seek custody could help you offer stability to your grandchildren through family adoption.]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=469982022-01-05T22:29:16Z2022-01-05T22:29:16Zadopting privately, you will have a home study performed by the Department of Human Services.
Home studies may seem invasive or frustrating to you, but they are done to make sure that children are placed into safe homes. Oregon conducts home studies for:
Foster care
Relative-foster care
Foster-adopt
Adoption
Parent care
When you go through a home study and get approval to adopt, the study is valid for two years.
If you’re not sure about adopting but want the option, can you do a pre-adoptive study?
Yes, Oregon does allow prospective adoptive parents to go through a pre-adoptive home study if they would like to pay for one. This can be helpful since the home study lasts for so long that it may still be valid when the parents do decide to move forward and look for a child to adopt.
If you are going to do an interstate placement, how long do you have to complete the home study?
If you are interested in an interstate placement, you’ll need to have a criminal background check and home study completed within 90 days. This doesn’t include your educational training, which may be on a different timeline. Keep in mind that home studies may take time to set up. Additionally, fingerprint results for criminal records may take up to 60 days, depending on how they were taken.
The importance of home studies can’t be ignored
Home studies are helpful in making sure that a prospective parent is prepared for adopting a child and has the right home to do so. A home needs to be safe for a child to come into it. If a home study is successful, then the prospective parent or parents will be able to move forward with an adoption. If it is not successful, the DHS may give the parents more information on what to do to correct the home or make it possible for them to adopt. They may then attempt another home study in most cases.]]>On Behalf of Arneson, Stewart & Styarfyr, PChttps://www.arnesongroup.com/?p=469962021-12-08T22:24:54Z2021-12-08T22:24:54Zare independent adoptions that involve grandparents or other people with pre-existing relationships. As a stepparent hoping to adopt your stepchild, your family situation falls into the independent adoption category.
Although there may be fewer regulatory restrictions in some ways, there is also a unique obligation that people in other situations don't have to address.
Both parents have to approve the adoption
Typically, adoptions involve children who don't have parents or whose parents have lost their legal rights. That is not always the case in a stepparent adoption. If the other parents of your stepchild died, then obviously they cannot approve your adoption and no extra paperwork is necessary.
If they are still alive and the state has not terminated their parental rights, they have to authorize your adoption. The other biological parent can choose to rescind their parental rights and permit. the adoption through certain paperwork. Only if they sign off is your adoption possible in most cases. With their approval, you and your spouse can go to court and make you the legal parents of your stepchild.
Giving up rights doesn't have to sever the relationship
Perhaps the other biological parent of your stepchild is irresponsible but loves their child. They may worry about losing their parental rights. Although Oregon won't acknowledge them as the parent anymore, you still can.
You and your spouse could make informal arrangements to allow continued visitations if they want access and if their presence would not cause issues for the child. They can end their obligation to pay child support while making the child potentially eligible for certain benefits, like health insurance through your employer.
Everyone in the family can benefit from a stepparent adoption if people employ the right approach. Learning more about what is necessary to adopt your stepchild will make the process more accessible.]]>