Legal Framework Dealing with the Adoption and Related Problems

Adoption is the creation of a new, lasting relationship between an adoptive parent and a child. Once this happens, there is no legal difference between an adopted child and a child born into a family. As a federal agency, USCIS must comply with Section 504 of the Pardon Act. The Agency shall make appropriate changes to policies, practices and procedures required for prospective adoptive parents with disabilities, as well as to assistive tools and services, as required, to ensure effective communication. Examples include a sign language interpreter for deaf parents-to-be or application documents in alternative formats for expectant parents who are blind or partially sighted. Accordingly, the Department of Justice, in cooperation with HHS, as appropriate, should issue guidance to public and private national adoption agencies and strengthen their legal obligations under the ADA. These guidelines should address the duty of agencies to provide reasonable accommodation to prospective adoptive parents with disabilities at all stages of the process and the fact that presumptions of parental incompetence due to disability violate the ADA. In addition, the DOJ and, where appropriate, HHS must investigate and, where appropriate, enforce all allegations reported by national public and private adoption agencies that violate the ADA. In general, the first step in the intercountry adoption process is to choose an adoption agency. Each agency cooperates with a different group of countries; Some focus on a single country. [796] Under the rules of the Hague Convention, the Agency must be accredited by the U.S.

government if the child`s country is also a party to the Convention. If the child`s country is not a participant, the Hague Rules do not apply and the process follows the laws of the sending and receiving countries. [797] Although the Hague Rules are not applicable, home study and authorization from USCIS are required. Adoptions often take place across national borders; These are regulated by federal laws. [710] State adoptions are covered by two agreements between the country of origin and the host country: the Interstate Covenant on Adoption and Medical Assistance (ICAMA) and the Interstate Compact on the Placement of Children (ICPC). These agreements have the force of law. [711] Currently, 42 states participate in ICAMA, which regulates and coordinates the payment of benefits to children with special needs accepted under an adoption assistance agreement when they are adopted by a family from another state in one state or when the adoptive family moves from one state to another. The ICPC is an agreement between the 50 states, the District of Columbia and the U.S. Virgin Islands and is regulated by law in all states. The Covenant applies to the placement of minor children from one State to another through public and private institutions, courts, independent intermediaries (doctors and lawyers) and private individuals. However, some States explicitly deny potential disabled parents the opportunity to adopt.

As recently as December 2011, Virginia erected a huge hurdle by passing regulations that allow adoption agencies to discriminate against prospective adoptive parents based on six categories, including disability. [772] This arrangement not only harms many potential adoptive parents, but is devastating for the more than 1,200 children currently awaiting adoption in Virginia. [773] In addition, this regulation raises serious concerns about whether other states will take similar discriminatory measures. Local authorities are free to decide how to fulfil this obligation, but it is expected that most will choose to do so through a locally adapted version of the “adoption passport”. It sets out the level of support that affected individuals can expect from the local authority, as well as national rights such as pay and leave from work. Local authorities can supplement this with specific local information – for example, local support services and contact details of the adoption support counsellor. Adoption horror stories are all too common for expectant parents with disabilities. The adoption system is de facto and de jure riddled with discrimination that prevents countless expectant parents with disabilities from adopting. A review of national and international adoption practices shows that there is an urgent need to reform the wide range of adoption practices and procedures. In most cases, the state or local government handles issues such as non-payment.

If you know the location of a non-custodial parent who may be late with payments, contact the state where child support is active. Linda A. Cronin, writing in Action Online: Magazine of the United Spinal Association, said, “The ADA applies without restriction to all adoption agencies doing business on U.S. soil, so by law, they must serve and meet the needs of adoptive parents with disabilities.” [798] Therefore, these adoption agencies, even if they practice intercountry adoption, must provide future parents with disabilities with appropriate changes, tools and services. Despite the protections offered by the Rehabilitation Act and the ADA, prospective adoptive parents with disabilities face increasing barriers to adoption nationwide. To combat the egregious practices of adoption agencies, some states have begun to include protection in their statutes. As shown in this section, expectant parents with disabilities have mixed results in intercountry adoption. Some countries have less stringent requirements and international home studies tend to be less stringent. On the other hand, some countries categorically reject potential parents with disabilities, and people with disabilities often face barriers to accessibility and travel.