Issue link: http://papercitymagazine.uberflip.com/i/1525827
PAPERCITY PROMOTION M any families are surprised at the difficulties that arise when they try to adopt a grandchild, niece, or other family member, known as a kinship adoption. It seems like adopting a member of your own family should be a mere formality, needing nothing more than signatures on a few forms. However, often that is not the case. Even when a biological parent has left a child with a family member, being unable to care for that child, the reality is that adoption of kinship involves many requirements. And when a biological parent is unfit to parent a child, and a relative, such as a grandparent or sibling, steps in to protect the child, it often turns into a contentious court battle. Partners Carla Calabrese and Lee Budner of the family law firm Calabrese Budner offer some insight on the process (and challenges) of adoption within a family. "We understand the issues that come with interfamily custody and adoption cases," says Carla Calabrese, managing partner. "Our extensive experience in this area allows us to handle these cases with the utmost care and expertise." Adoption Requires Termination of Parental Rights "Before you can adopt a child who is a relative, the law requires termination of the birth parent's rights," says Lee Budner. In other situations where a biological parent realizes that they need help and aren't prepared to care for a child, they might agree to the idea of having another member of the family adopt the child. However, when they learn that their rights as a parent will be legally ended to effectuate an adoption, they suddenly grow stubborn and refuse to cooperate with the process. They cannot bear the thought of "giving up" their child. In the event a biological parent is completely unwilling to relinquish parental rights, Calabrese Budner often has the grandparent or other family member obtain conservatorship orders instead of adoption orders. In this situation, the biological parent may have some rights, but the sole rights to care for and "parent" the child will be given to the family member. When Substance Abuse or Mental Illness is Involved The situation becomes even more sensitive when a parent's inability to care for a child is rooted in drug or alcohol addiction or mental illness. "Our team understands the legal and practical complications that must be addressed in these circumstances," Calabrese says. "It's essential to respect the dignity and privacy rights of everyone involved while still taking the most effective steps to ensure that the child's current and future emotional and Adoption Overcoming the Unexpected Challenges of Within a Family 138