NOVEMBER IS NATIONAL ADOPTION MONTH!
One
National Adoption Month is an initiative in the United States that aims to raise awareness about the adoption of children, with a special focus on foster care adoptions. It is celebrated every November, with various events and activities organized throughout the month to promote adoption and recognize the families and individuals involved in the adoption process.
Two
The original idea for a recognized adoption awareness week came from Massachusetts Governor Michael Dukakis in 1976, when he declared that his state would celebrate adoption awareness for seven days. Later, in 1984, President Reagan proclaimed the first National Adoption Week, which created a domino effect around the country. As more and more states began to hold events for National Adoption Week, it became clear that just one week would not suffice. In 1995, President Clinton made November National Adoption Month, and we’ve been celebrating it ever since!
Three
For some families who use assisted reproduction to create their families, adoption is an important legal process to consider. With marriage equality universally recognized throughout our country, when a child is born to legally married parents, regardless of their genders, both spouses should be recognized and listed on the birth certificate as the legal parents of their child. This concept, known as the “marital presumption,” is widely accepted, but unfortunately some states and countries might challenge this presumption. It is important for LGBTQ+ couples to be aware that, even if both are named as parents on their child’s birth certificate, their parental status may not be secure. A birth certificate is an administrative document, and therefore alone is not sufficient proof of parentage. That is one reason why LGBTQ+ legal authorities strongly recommend securing parental rights with a court order.
Four
The fact that a same-sex couple is married when their child is born does not ensure that their parental rights will be recognized everywhere in the United States. Especially in a changing political climate, it is prudent for LGBTQ+ couples to obtain a court order — which must be given Full Faith and Credit by every state — to guarantee that both parents will be recognized as their child’s legal parents no matter where the couple and their child reside. Since there may be circumstances where the parental rights of a non-gestating parent could be subject to challenge by either the gestating partner/spouse or by the provider of the gametes used in conception, any non-gestating parent should consult with legal counsel to decide whether it is advisable for them to take steps to protect their parental relationship with their child. Given the complexities involved in that determination, we help families explore the option of obtaining a court order through an adoption or parentage proceeding to protect the parental relationship to their child — even if their names are already on the child’s birth certificate. Remember: Birth certificates are not proof of parentage. Obtaining a court order will protect the legal parental relationship to their child if one spouse dies or if the relationship with a partner or spouse disrupts. A court order declaring parentage will also protect the child’s right to receive inheritance, insurance and social security benefits from both parents.
Five
As Mark Twain once said, “Find a job you love, and you will never have to work a day in your life.” As a practicing adoption attorney for over thirty years, that is my exact sentiment. I have had the absolute privilege of meeting women who, when faced with the most agonizing choices, have made the selfless decision of adoption for their children, providing a path of opportunities for them. I have worked for the most gracious and generous adoptive parents who have opened their hearts and homes to children of all ages and developmental abilities. Every November, I take the time to consider all the families I have encountered who have been so fortunate to find adoption in their lives.