Conditional Surrenders
Presented by Margaret Burt
NYS Citizens' Coalition for Children, Inc.
17th Annual Statewide Adoption Training Conference
Adoption 2006: There's No Place like Home
May 12-13, 2006 • Albany New York
WHAT SHOULD A FOSTER PARENT DO IF
THE BIRTH PARENTS SAY THEY ARE WILLING
TO CONSIDER A CONDITIONAL SURRENDER?
By Margaret A. Burt, Esq.
- Take your time - this is a very important consideration - think carefully about what is being asked of you and your family - can you do this? Do not let yourself be “talked into” a deal in the hallway at court without having had time to think it over and discuss it calmly with your spouse and your lawyer.
- Consider the alternatives. Would it be better for the child and your family to have a termination occur with no terms? Ask what the agency’s timetable would be for that alternative as well as the likelihood of a successful outcome.
- Ask questions until you understand exactly what is being proposed.
- Ask to see the full agreement in writing. If you have trouble understanding what some term means - will the birth parent understand it? Make sure everything is spelled out in the agreement as specifically as you think it needs to be so no one will have to wonder or question later what everyone agreed.
- The devil is in the details. If there is going to be exchanges of photos or information, who is actually obligated to provide them? How will people be kept aware of changing addresses? If there are going to be visits, how long will they be, where will they be, will anyone have to supervise them? What about make-ups? What if your family wants to move? Can presents or cards be exchanged? How will you reach each other? Will there be controls on certain behaviors? Will the child be able to refuse visits? Under what circumstances can visits be ended - opinion of a therapist or a certain number of missed visits?
- When will you expect to be able to finalize the adoption? Will the birth parent be notified if there is a problem before the adoption or has this right been waived? Will the parent be able to revoke the surrender if there are problems before the adoption or has this right been waived?
LOOK BEFORE YOU LEAP
Copyright 2006 Margaret A. Burt
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • FAX 607-272-0035
office@nysccc.org
06/21/06