ADOPTION AWARENESS

Contact Person:
Professor Cynthia R. Mabry
(202) 806-8067
cmabry@law.howard.edu

HOWARD UNIVERSITY SCHOOL OF LAW
2900 Van Ness Street, NW
Washington, DC 20008

November is National Adoption Month

Welcome to Howard University School of Law’s Adoption Awareness web site! This site is designed to promote adoption of children in the child welfare system in the Washington Metropolitan Area including the District of Columbia, Maryland, and Northern Virginia. The child welfare system was chosen because a majority of the children who are waiting to be adopted are in the public child welfare systems in these states. This site offers general information about the adoption process, adoption laws, local adoption agencies, adoption attorneys, and selected national web sites that provide a wealth of information about children who are available for adoption and the child welfare system.

Public Service Announcement (Windows Media Player is Required)
Statistics about Children in this Area
Frequently Asked Questions
Public Adoption Agencies (local)
Adoption Attorneys (local/national)
Local Adoption Statutes
Selected Web Sites (national)
Selected Books on Adoption
About Professor Mabry

STATISTICS ABOUT CHILDREN IN THIS AREA

Children in the District of Columbia, Maryland, and Virginia Child Welfare Systems



The most recent adoption statistics indicate that 795 children were available for adoption in the District of Columbia. More than 2000 (2320) children were available for adoption in the State of Maryland; and, 1,611 children were available for adoption in the neighboring State of Virginia. During the same reporting period, only 310 children were adopted in the District of Columbia, 620 were adopted in Maryland; and, 510 were adopted in Virginia.

Age and gender plays a role in adoption. In the District of Columbia, the average age of children who are awaiting adoption is 8.5 years old. In Maryland and Virginia, the average age is 7.15 and 7.36 years old, respectively.

As the table above illustrates, race also is a factor in adoption. More African American children are available for adoption in these three states. The next largest group consists of Caucasian children. Another group of children is classified as “Other” either because their race is undetermined or they are biracial or multiracial children. That group is followed by a smaller number of Latino and Asian children.

On the other hand, public adoption agencies are prohibited from relying upon race to deny a prospective parent’s application to adopt or to delay the process such as waiting for a prospective parent of the child’s race to adopt a child. See, e.g., 42 U.S.C. § 1196b.

FREQUENTLY ASKED QUESTIONS

How many children are available for adoption?
Throughout the United States, more than 500,000 children are in the child welfare system. Approximately 117,000 are eligible for adoption. In the Washington, D.C. metropolitan area alone, more than 5000 children are eligible for adoption.

Many of the children who are available for adoption in this area are considered special needs children. These children are placed in the special needs category because they are harder to place because they are older than two years old, a person of color, a part of a sibling group, or a child who has a mental, emotional, or physical disability.

Who may adopt a child?
In each state, any qualified adult may adopt a child. Prospective parents include the following adults:

• married couples
• single men and women
• foster parents
• stepparents
• relatives (including aunts, uncles, and grandparents).

Additionally, in some states, unmarried partners (including same sex couples) may adopt a child. Other states prohibit these types of adoptions.

The average age of prospective parents who adopt in the Washington, D.C. metropolitan area is 45 for women and 47 for men. More and more grandparents are adopting their grandchildren too. Many of them are older than 45 or 47 years old.

What are the different types of adoption?
A public agency adoption is one in which the child is adopted from a state agency. A private agency adoption involves an adoption from a private agency. In some states, an attorney or physician may facilitate an independent adoption. The birth parent may be more involved in independent adoptions including selection of the prospective parent.

An interstate adoption involves a prospective parent and a child who live in different states. The Interstate Compact on Placement of Children applies. Each state has its own Interstate Compact.

An intercountry adoption involves a child and an adoptive parent who are citizens of different countries. A complex system of state, federal, immigration and foreign country laws as well as treaties must be complied with in those adoptions.

What will I have to do to adopt a child?
The process varies from state to state and from county to county in some states. However, there are some aspects of the process that remain consistent that will be discussed here. The prospective parent must start the application process with a decision about the type of adoption agency that the prospective parent will use to facilitate the adoption. Then the prospective parent will complete an application that requires disclosure of personal information such as financial and employment information. An adult who wishes to adopt a child need not be perfect to qualify as an adoptive parent.

There will be a criminal background check. A prospective parent who has a criminal record will not be excluded automatically. The agency will consider a number of factors including the type of crime that was committed, how long ago the crime was committed, and whether the prospective parent has a lengthy criminal record. The prospective parent also will be fingerprinted.

A home assessment will be conducted. The purpose of this assessment is to ascertain whether the prospective parent’s home environment is one in which a child will thrive and whether it will be safe for the child. The prospective parent and any other adult who lives in the home will be interviewed regarding their reasons for adoption and they will be educated about adoption.

The prospective parent will be asked to submit to a physical examination. Although the prospective parent need not have a “clean bill of health,” the concern is whether the prospective parent is physically capable of rearing a child. Prospective parents who have some illnesses such as diabetes and hypertension may be eligible to adopt a child. Prospective parents who are disabled may also be qualified to adopt a child.

The prospective parent may identify a child whom he or she wants to adopt through a number of sources including some of the web sites listed below. Then there may be a waiting period while the child lives in the home with the prospective parent for a period of time before the court will impose a final order. In the District of Columbia, the required time is six months. Some states also have residency requirements.

Finally, the prospective parent must file a petition to adopt with the proper court and the court must approve the adoption based on a determination of whether the adoption will be in the child’s best interests and whether adoption laws have been followed. A new birth certificate with the child’s adoptive name and the adoptive parent(s)’ name will be issued.

How long will the process take?
The length of the process is determined by the type of child that the prospective parent wishes to adopt and other factors. For example, because only a few infants are available for adoption, if a prospective parent only wants to adopt an infant, he or she may wait for several months until an infant becomes available. On the other hand, many children who are classified as special needs children are available with a much shorter wait time after the prospective parent completes the adoption application process. The process may be modified, however, for some applicants such as stepparents and relatives with whom the child has lived for a certain period.

How do I contact local public child welfare agencies about my interest in adopting or fostering a child?
Scroll down to the list of Public Child Welfare Agencies in the Metropolitan Area on this website for a list of addresses, telephone numbers and other contact information.

How much will the adoption cost?
Adoption fees vary in accordance with the type of adoption that is undertaken. In the District of Columbia, prospective parents may request a voucher from the District of Columbia Child and Family Services. Upon finalization of the adoption, the District of Columbia will pay the attorney $5000. If the adoption costs more than the allotted amount, the attorney may forgive that amount or make arrangements for the parent to pay the extra amount. A federally funded adoption subsidy provides an alternative source of funding. It pays $2000 per child. This method of payment may be advisable for adoptions involving sibling groups.

When two or more families have filed competing petitions to adopt a child, the legal expenses will increase because of the additional litigation that the attorney will engage in to prove that it is in the child’s best interests to be placed with his or her client. Thus, an adoption may range from approximately $5,000 to $40,000 or more depending upon the type of adoption that is involved.

On the other hand, a few resources are available to assist eligible adoptive parents. They also may be reimbursed for non-recurring adoption expenses such as attorney fees, court costs, home assessments, birth certificate fees and travel expenses. In addition, they may receive state and federal tax credits to defray the costs of adoption. In addition, some corporate employers offer employee benefits for employees who adopt children. Military personnel may be entitled to an additional benefit because of their military status.

Intercountry adoptions involve prospective parents and children who are citizens of different countries. The costs of those adoptions range from $7,000 to $30,000 because of travel expenses and agency expenses in the United States and in the child’s country of origin.

Will I receive any support for the child after the adoption?
Adoption subsidies are available for children who are special needs children and who qualify for state assistance. Other post-adoption services that may be available for adoptive families include tutors, counseling (for the adoptive family as well as for the child), day care, parenting classes, Medicaid (i.e., prescriptions, glasses and other medical expenses), referrals for other services such as psychological evaluations, and respite care.

Will I be required to interact with the child’s birth family or expectant mother?
Whether an adoptive parent will interact with one or more birth family members depends upon the adoption arrangement. If the child’s birth mother, for example, requests and is awarded post-adoption contact, she may have direct or indirect contact with the child and/or the adoptive family. Examples of indirect contact include letters and photographs that reflect the child’s growth at designated periods. Direct contact would involve visits with the child.

How can I help if I am not ready to adopt a child? Are there alternatives to adoption?
If an adult is not ready to adopt, he or she may decide to act as a foster parent. After undergoing a licensing process, some foster parents provide temporary or long-term care for one or more children and they never intend to adopt a child. Other foster parents are certified to be considered as adoptive parents. In addition, there are programs such as KIDSAVE (www.kidsave.org) in which an adult acts as a mentor for a child.

Where can I find an attorney to help me to complete the process?
Scroll down to the List of Attorneys on this website for a list of local adoption attorneys for the Metropolitan area and a reference to the national Academy of Adoption Attorneys web site for adoption attorneys throughout the nation. Please note that with adequate assistance from adoption agency, some prospective parents have adopted children without hiring an attorney.

STATE ADOPTION STATUTES

(Local) Adoption statues govern each aspect of the adoption process including who may adopt, how the adoption process proceeds, and consequences of the adoption.

District of Columbia
D.C. Code Ann. §§ 16-301 – 16-316

D.C. Code Ann. §§ 4-1421 to 4-1424 (Interstate Compact on Placement of Children)

Maryland
Md. Code Ann., Family §§ 5-331 to 342; 5-356 to 359; 5-362; 5-3A-29 to 37; 5-3A-39 to 45; 5-3B-01 to 09; 5-3B-12 to 26; 5-3B-28 to 30; 5-3B-32; 5-401 to 03; 5-406 to 12; 5-4B-01 to 12; 5-4C-01 to 07

Md. Code Ann., Family §§ 5-601 to 5-611 (Interstate Compact on Placement of Children)

Virginia
Va. Code Ann. §§ 63.2-1200 to 63.2-1253; 63.2-1259; 63.2-1300 to 1304; 63.2-1401 to 1405

Va. Code Ann. §§ 63.2-1000, 63.2-1100 to 1105 (Interstate Compact on Placement of Children)

PUBLIC CHILD WELFARE AGENCIES IN THE METROPOLITAN AREA

District of Columbia
Adoption and Foster Care Recruitment Unit
District of Columbia Child and Family Services Agency
400 6th Street, S.W.
Washington, D.C. 20024
Web address: www.cfsa.dc.gov

Contact Person:
Mr. Michael Carr
Adoption Recruitment Social Worker
(202) 727-7365

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Kidsave
Contact Person: Gina F. Marr
202-280-6320
Director, Corporate Partnerships
E-mail address: gina@kidsave.org

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Maryland
Maryland Department of Human Resources
Social Services Administration
311 W. Saratoga Street
Baltimore, MD. 21201
(410) 767-7506
Web address: www.dhr.state.md.us/adopt.htm

Prince George's County Department of Social Services
Foster & Adoptive Resources
805 Brightseat Road
Landover, Maryland 20785-4723
(301)909-CARE
Web address: www.goprincegeorgescounty.com or www.dhr.state.md.us/pgcounty.htm

Contact Person:
Ms. Evandra Jackson
Family Resource Specialist
301-909-2300

Montgomery County Child and Welfare Services
1301 Piccard Drive
Rockville, Maryland 20850
Information Line: (240) 777-1664

Family Services Agency
610 East Diamond Ave.
Gaithersburg, MD 20877
(301) 840-2000

Virginia
County of Fairfax
Department of Family Services
12011 Government Center Parkway
Fairfax, Virginia 22035
Web address: www.fairfaxcounty.gov/dfs

Holds Foster Care and Adoption Orientation Meetings on the second Monday of each month from 7:00 – 8:30 p.m. (no registration required)

Contact Persons:
Ms. Rosalyn Suau
Foster Home Recruiter
Foster Care & Adoption Program
(703) 324-7919
E-mail: Rosa.suau@fairfaxcounty.gov

Ms. Beverly J. Howard, Ph.D.
Coordinator, FAIRFAX FAMILES4KIDS
(703) 324-7518
E-mail: Beverly.Howar@fairfaxcounty.gov

Virginia Department of Social Services
730 E. Broad Street
Richmond, VA 21219-1849
(804) 692-1284
Web address: www.dss.state.va.us/famserv.html

LOCAL ADOPTION ATTORNEYS

Jeffrey E. Badger, Esq.
Long & Badger, P.A.
124 East Main St.
Salisbury, MD 21801

(Mailing address)
P.O. Box 259
Salisbury, MD 21803
(410) 749-2356
E-mail: JBADGER@LONGBADGER.com

James Bishop
Archdiocesan Legal Network of Catholic Charities
924 G Street, N.W.,
Washington, D.C. 20001
(202) 772-4325
Web address: www.catholiccharitiesdc.org

Attorney Donna Brown
Attorney James E. McCollum, Jr.
McCollum & Associates, LLC
7309 Baltimore Avenue
Suite 117
College Park, Maryland 20741-1717
(301) 864-6070 extension 250
E-mail:jmccollum@jmlaw.net

Ellen Ann Callahan
12600 War Admiral Way
Gaithersburg, MD 20878
(301) 258-2664
E-mail: e.callahan@adoptionattorneys.org
Web address: http://www.adoptinmaryland.com

Deborah Cason Daniel
503 D Street, NW
Suite 200
Washington, D.C. 20001
(202) 737-4466
E-mail: dcasondan@cs.com

Anthony Davenport
601 Pennsylvania Ave., NW,
Suite 900 South Bldg
Washington, DC 20004
(202) 434-8201

John R. Greene
Cohen and Greene, P.A.
156 South Street
Annapolis, Md. 21401
(410) 268-4500

Sharon Fast Gustafson
4041 N. 21st Street, Arlington, VA 22207-3040
(703) 527-0147
E-mail: s.gustafson@adoptionattorneys.org Web address: www.sharonfastgustafson.com

Sherry L. Leichman, Esquire
Leichman & Snyder, P.C.
51 Monroe Street, Suite 1605
Rockville, MD 20850
(301) 545-1840

Frederick address:
100 N. Court Street,
Frederick, MD 21701

Jody Marten
3360 Tennyson Street, NW
Washington, D.C. 20015
(202) 537-0496
Web address: www.jodymarten.com

Mark McDermott
910 Seventeenth Street, NW
Suite 800
Washington, D.C. 20006
(202) 331-1440
E-mail: mcdermott@mtm-law.com
Web address: www.theadoptionadvisor.com

Stanton Phillips
Adoption Legal Services
1921 Gallows Road, Suite 110
Tysons Corner
Vienna, Virginia 22182
(703) 891-2400

Colleen Marea Quinn
Cantor Arkema, P.C.
1111 East Main Street, 16th Floor
P.O. Box 561
Richmond, VA 23218-0561
(804) 343-4375
1-800-546-1488
E-mail: c.quinn@adoptionattorneys.org
Web address: www.virginia-adoption-attorney.com

Harvey Schweitzer
Schweitzer & Scherr LLC
Suite 601 North
7315 Wisconsin Avenue
Bethesda, Maryland 20814-3202
(301) 469-3382
Web address: www.schweitzerlaw.net

Peggy Swain
Law Office of Margaret E. Swain, RN, JD
P.O. Box 219
Riderwood, Maryland 21139-0219
(410) 583-0688

Carolyn H. Thaler
Attorney-at-Law
29 W. Susquehanna Avenue
Suite 205, Susquehanna Building
Towson, MD 21204
(410) 828-6627

Peter J. Wiernicki
Joseph, Reiner & Wiernicki, P.C.
11140 Rockville Pike, Suite 620
Rockville, Maryland 20852
(301) 230-2446
E-mail: pjw@jrw-law.com

National List of Adoption Attorneys
American Academy of Adoption Attorneys,
http://www2.adoptionattorneys.org/alphabetical_list.asp

SELECTED BOOKS ON ADOPTION

This is a very short list of books about the process of adopting or fostering a child, the effects of adoption on everyone involved in the process, and laws that govern the process.

CYNTHIA R. MABRY AND LISA KELLY, ADOPTION LAW: THEORY, POLICY AND PRACTICE (William S. Hein, Inc. 2006). Contact William S. Hein, Inc. at 800-828-7571 or via e-mail at heincite@wshein.com.

NAOMI R. CAHN AND JOAN HEIFETZ HOLLINGER, FAMILIES BY LAW: AN ADOPTION READER (New York University Press 2004).

SHERRIE ELDRIDGE, TWENTY THINGS ADOPTED KIDS WISH THEIR ADOPTIVE PARENTS KNEW (Random House 2004).

LAURA BEAUVAIS-GODWIN & RAYMOND GODWIN, ESQ., THE COMPLETE ADOPTION BOOK- EVERYTHING YOU NEED TO KNOW TO ADOPT A CHILD (Adams Media 2d. ed. 2000).

JOAN HEIFETZ HOLLINGER, ADOPTION LAW AND PRACTICE (VOLUMES 1 – 3) (Lexis Nexis 2005).

MIRIAM KOMAR, D.S.W., COMMUNICATING WITH THE ADOPTED CHILD (Walker and Company 1991).

ADAM PERTMAN, ADOPTION NATION (Basic Books 2000) (discussing rights of birth parents as well as prospective and adoptive parents’ rights).

VICTORIA ROWELL, THE WOMEN WHO RAISED ME (WILLIAM MORROW 2007) (providing a tribute to Foster Parents and other caregivers).

PATRICIA ROLES, SAYING GOODBYE TO A BABY (CHILD WELFARE LEAGUE OF AMERICA 1989).

SHARON E. RUSH, LOVING ACROSS THE COLOR LINE: A WHITE ADOPTIVE MOTHER LEARNS ABOUT RACE (Rowman & Littlefield Publishers, Inc. 2000).

RITA SIMON AND RHONDA M. ROORDA, IN THEIR OWN VOICES: TRANSRACIAL ADOPTEES TELL THEIR STORIES (Columbia University 2000).

HARVEY SCHWEITZER AND JUDITH LARSEN, FOSTER CARE LAW: A PRIMER (Carolina Academic Press 2004).

SUSAN WRIGHT, REAL SISTERS (Ragweed Press 1994) (telling an adoption story from a child’s point of view).

SELECTED ADOPTION WEB SITES

Adoptees’ Liberty Movement Association (ALMA)
http://almasociety.org/

Adoption Network Law Center
http://www.adoption.com

Adoptive Families of America
http://www.adoptivefamilies.com

Adoption Reunion Registry
http://reunion.adoption.com/

Americans for African Adoptions, Inc.
http://www.africanadoptions.org

American Academy of Adoption Attorneys
http://www2.adoptionattorneys.org/alphabetical_list.asp

American Adoption Congress
http://americanadoptioncongress.org
ABA Center on Children and the Law, http://www.abanet.org/child/

American World Adoption Association
http://awaa.org/home/

Association of Administrators of the ICPC
http://icpc.aphsa.org

Association of Black Social Workers
http://www.nabsw.org/mserver/

Bastard Nation
http://www.bastards.org/

Black Administrators in Child Welfare, Inc.,
http://www.blackadministrators.org

Bureau of Citizenship and Immigration Services
http://www.uscis.gov

Casey Family Programs
http://www.casey.org/Home

Child Welfare Information Gateway
http://www.childwelfare.gov/

Child Welfare League of America
http://cwla.org

Children Awaiting Parents
http://www.capbook.org/meet.html

Children’s Hope International
http://www.childrenshopeint.org

Concerned United Birthparents, Inc.
http://www.cubirthparents.org

Dave Thomas Foundation for Adoption
http://www.davethomasfoundation.org/

Ethica
http://www.ethicanet.org

Evan B. Donaldson Adoption Institute
http://www.adoptioninstitute.org/index.php

Families with Children from China
http://www.fccny.org

Federal Adoption Website
http://www.AdoptUSKids.org

Hague Convention on Intercountry Adoption
http://www.hcch.net

Hague Convention (U.S. Implementation)
http://travel.state.gov/law/legal/testimony testimony_3091.html

Holt International Children’s Services
http://www.holtintl.org

Intercountry Adoption Statistics
http://travel.state.gov/family/adoption/stats/stats_451.html

International Children’s Alliance
http://www.adoptica.org

Inter-National Adoption Alliance (IAA)
http:/www.i-a-a.org/

International Concerns Committee for Children
http://www.iccadopt.org

Joint Council on International Children’s Services (JCICS)
http://www.jcics.org

Lambda Legal Defense and Educational Fund
http://www.lambdalegal.org

Minnesota Texas Adoption Research Project
http://fsos.cehd.umn.edu/projects/mtarp.html

Los Ninos International Adoption & Information Center
http://www.losninos.org

National Adoption Center
http://www.adopt.org/

National Adoption Foundation
http://www.nafadopt.org/

National Center for Adoption Law & Policy
http://www.adoptionlawsite.org/main_cur.asp

National Council for Adoption
http://www.ncfa-usa.org

National Heart Gallery
http://www.freddiemacfoundation.org/heartgallery

National Indian Child Welfare Association
http://www.nicwa.org/

National Resource Center for Special Needs Adoption
http://www.nrcadoption.org

North American Council on Adoptable Children
http://www.nacac.org

On-line Library on Adoption Law (Cornell University Law School)
http://www.law.cornell.edu/topics/adoption.html

State by State Guide to Adoption
http://www.adoptionfamilycenter.org

Single Parents Network.com
http://singleparentsnetwork.com/Adoption/

The Adoption History Project-University of Oregon
http://darkwing.uoregon.edu/~adoption/timeline.html

The National Center for Adoption Law & Policy-Capital University Law School
http://www.adoptionlawsite.org

The Transnational and Transracial Adoption Group
http://www.ttag.org.uk

Transracial and Transcultural Adoption
http://www.rainbowkids.com

See also Adoptive Families.com
http://www.adoptivefamilies.com/transracial-adoption.php

Department of State-Office of Children’s Issues
http://travel.state.gov/family/family_1732.html or
http://travel.state.gov/adoption/adoption_485.html

United States Department of Health and Human Services, Administration for Children and Families
http://www.hhs.gov/

Wednesday’s Child
http://www.nbc4.com/wednesdayschild/index.html? treets=dc&tml=dc_4pm&ts=T &tmi=dc_4pm_1_03000208292007

*This is a sampling of Web sites. It is not intended to be an exhaustive list. Also, please note that some Web sites change frequently. These sites are current as of October 16, 2007.

ABOUT PROFESSOR MABRY

Professor Cynthia R. Mabry*
Professor Mabry (JD., 1983, Howard University School of Law; LLM., 1996, New York University School of Law) has been a law teacher since 1993. Presently, she teaches Adoption Law, Family Law, Civil Procedure and Pretrial Litigation at Howard University School of Law. Professor Mabry has taught full-time at New York University School of Law, Washington and Lee University School of Law, and West Virginia University College of Law and as a Visiting Professor at the University Of Florida College Of Law, Syracuse University College of Law and the University of the Western Cape in Cape Town, South Africa. She is on the Executive Committee of the Family Law Section of the American Association of Law Schools, an Editor for the Family Court Review, a volunteer mediator for the Superior Court of the District of Columbia’s Family Division and a member of the Citizens Review Board for Children (a governmental appointment). Professor Mabry has made presentations on domestic and international family law issues in several states in the United States; and, as a member of the International Family Law Society, she has spoken to international audiences in Amsterdam, China and Italy. Professor Mabry co-authored Adoption Law: Theory, Policy and Practice, a legal textbook that was published in December 2006. She is an Honorary Member of the American Academy of Adoption Attorneys. She has written several law review articles focusing on a variety of issues with emphasis on children’s rights. Professor Mabry was Student Articles Editor of the Howard Law Journal. She is a member of the District of Columbia Bar Association. After she was graduated from Howard, she was a judicial law clerk at state and federal courts in the District of Columbia and Detroit, Michigan. She practiced law in the District of Columbia at Crowell & Moring, the Washington Metropolitan Area Transit Authority, and the Federal Railroad Administration.

Professor Mabry wishes to acknowledge Associate Dean Okianer Christian Dark, Webmaster Blair Diggs, Director of Information Technology, Frank King, and her research assistants Rhonda Kornegay and Erica Roberts for supervisory, technical and legal support.

*Photograph courtesy of Mr. Blair Diggs, Howard University School of Law

This web site was last updated on November 1, 2007.