Sibling adoptions: Keeping together

There’s an old maxim that goes along the lines of “When you marry him / her, you’re also marrying the family.” Unless they’re estranged from their relatives, you’re also saying “I do” to a whole new family. The same principle theoretically applies when you adopt a child who has siblings.

New York law and sibling adoption

Experts have continually affirmed the value and importance of the sibling bond, and many state adoption laws call for siblings to be placed together. New York takes it one step further by establishing a statutory presumption that it is in a child’s best interests to remain with their brothers and sisters unless there are factors like sibling abuse that make separation advisable. In the event of separation, state law requires a sibling visitation plan to be included in the permanency petition.

Lawsuits against state agencies have resulted in provisions requiring New York to take sibling relationships into account in their fostering and adoption practices and policies. One case, Jesse E. v. New York City Department of Social Services, resulted in the foster care system being reformed to mandate joint placement unless it would endanger the health, safety, or welfare of one or more siblings.

If you want to adopt a child who has full or half-brothers and sisters, then the agency will inform you of the fact and, if these children are free for adoption, ask if you would be willing to adopt them also. At the very least, a discussion will take place regarding your willingness to facilitate contact between the child you adopt and their siblings, as well as the availability of any services to assist in establishing and maintaining this contact.

Benefits of sibling adoption

When children enter the system, they lose everything familiar: their parents, their homes, probably their old friends also. Having their brothers and sisters either with them or readily accessible gives them a sense of security and makes it easier to adapt to a new environment. Once comfortably placed in an adoptive home, it can be reassuring for siblings to know and feel that they are not in this new and sometimes bewildering experience alone.

Adopting siblings also reduces the pressure of actively developing the relationship between your family and the adoptees. The children avoid the loneliness and strain of having to connect quickly with strangers, and the adoptive family gets a chance to relax and let the bond grow naturally.

Building your family through adoption can be a rewarding prospect, and an experienced New York adoption attorney can guide you step by step through the process:

  • Pre-certification requirements
  • Searching for or being matched with a child or children
  • Adoption finalization

They will help you minimize potential risks, place the adoption on firm legal footing, and even point you toward resources that make adopting a child more affordable, such as federal tax credits, loans, grants, and employer assistance programs. Being intimately familiar with all of New York’s adoption laws, your attorney will take all steps necessary to ensure a secure and successful expansion of your family. If you are considering adopting, then contact Eskin & Eskin, P.C. Our Bronx, NY attorneys have over 40 years of combined experience handling family law matters. They offer free consultations and can be reached at 718-402-5204. Visit www.EskinAndEskinLaw.com to learn more about adoptions. We are a family law firm for your family law needs.

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