Lisa A. Hanson, Esq.

Writing an Adoption Letter of Reference: Tips on what to include

An adoption letter of reference is a character reference letter written by friends, family, or co-workers of the prospective adoptive parents.  It is an important requirement in the adoption process.  The exact content of the letter will vary depending on the capacity in which the prospective parents and references know each other.  A letter of recommendation should evaluate a prospective adoptive parents' character and portray them in the best light possible.  However, this does not call for extreme, overly flattering,  or flowery language.  The tone of the letter should be straight forward and credible. 

If you have been asked by a friend or relative to write such a letter, and you are able to do so, it is first important to fully understand the context in which you will be writing.  For example, who will be reading the letter, what the letter will be used for exactly, and will the letter be shared with the prospective parents and/or the birth parents.  Some agencies require that the letter be subscribed as a sworn statement requiring notarization. Be sure to include your full legal name and address in the letter. 

As for content, an adoption recommendation letter is much like any other letter of recommendation.  It should include information about how you know the person that you are recommending, and how long you have known them. It should talk about the prospective parent's strengths, qualifications, and any other skills that you have observed that are pertinent to parenting. You should discuss their contributions and involvement in the community, their dependability, and any accomplishments you are aware they have made. You should summarize the types of interactions that you have seen the person have with children. Specific examples are best.  Finally, you need to summarize the letter by stating why you recommend the person, and how fully you recommend them.

 The following is a list of pointers for formatting an adoption letter of reference:

• establish upfront your relationship with the prospective parents and the length of time you have known them;
• if you personally know both prospective parents, consider including a paragraph addressing each prospective parent individually and a paragraph describing the relationship between them as a couple and with other children of the family (if any) or their interaction with any other children in general;
• include a description of the personalities of each family member, the general strengths the couple possesses that would make them favorable parents, and your understanding of the reasons for the prospective parents' desire to adopt;
• indicate whether you feel the prospective parents would be entrusted with the care of your own children, if you have children;
• discuss how you feel the prospective parents handle stressful situations;
• discuss how the applicants are preparing for parenthood;
• comment on your knowledge of any support systems the prospective parents have in place with extended family and/or community support

By understanding the purpose of the letter of reference and the exact context in which your letter is going to be used, you are now in a great position to share honest insight in the prospective adoptive parents' ability to be a successful parents. 

We've Moved!

I'm happy to report that the Law Office of Lisa A. Hanson is now located in downtown Chattanooga.  We believe the centralized location will be beneficial to many of our clients whom we serve throughout southeast Tennessee.  There is ample free parking for guests without the hassle of parallel parking or parking ramps.

The Hague Convention: April 1, 2008

The following was published by the National Center for Adoption Law and Policy  www.ncalp.org :

"The Hague Convention on the Protection of Children and Co-Operation in Respect of Intercountry Adoption entered into force in the United States on April 1st. Under the Convention, adoptions between Hague Convention party countries may proceed only after the adoptive child's country of origin has verified the child is adoptable, that proper consideration was given to the child's adoption in the country of origin, that intercountry adoption is in the child's best interests, and that the necessary consents to the adoption have been freely given after appropriate counseling. In addition, the country receiving the child must determine that the prospective adoptive parents are eligible and suitable to adopt, and that the adoptive child will be authorized to enter and reside permanently in their country.

Persons wishing to adopt a child who is a resident of another party country must first apply to a designated authority for approval of an intercountry adoption. The Convention requires, in addition, that completed adoptions be recognized in the receiving country unless such recognition would be contrary to the country's public policy, taking the best interests of the child into account. Under the Convention, each party country is required to designate a Central Authority, which is responsible for the oversight of intercountry adoptions and the facilitation of cooperation and communication between the child’s country of residence’s Central Authority and the Central Authority of the country where potential adoptive parents reside.

The Department of State's Office of Children's Issues is the designated Central Authority for the United States. This Office will be responsible for determining the eligibility and suitability of applicants in intercountry adoption cases and determining the eligibility of a child sought to be adopted by applicants from other Convention party countries. The federal implementing legislation for the Convention, the Intercountry Adoption Act of 2000, and regulations associated with the Act set the process for accreditation of adoption service providers in the U.S.

For more information on the Hague Convention, please visit the United States Department of State, Bureau of Consular Affairs website at: http://travel.state.gov/family/adoption/convention/convention_462.html

A list of currently accredited agencies may be found at: http://travel.state.gov/family/adoption/convention/convention_4169.html "

Who may adopt in Tennessee?

Tennessee Code states that any person over the age of 18 years may file an adoption petition. 

There are several requirements:

Residency:  The petitioner(s) must have resided in Tennessee for six consecutive months immediately preceding the filing of an adoption petition (unless the petitioner is in the military or related to the child).  If the petitioner is "related" to the child, the petitioner must only be an actual resident of the state of Tennessee at the time the petition is filed.  If the petitioner is in the military stationed outside Tennessee, but lived in Tennessee for six months immediately preceeding leaving the state for military service, the residency requirement is satisfied.

Marital Status:  A single person may file a petition for adoption.  If the petitioner is married, the spouse must join the petition.  A step-parent may petition for adoption of their step-child without terminating the rights of their spouse who is one of the child's biological parents.  However, the "absent" parent's rights must be termiated before the adoption can take place.  Termiation of parental rights is usually requested concurrently with the petition for adoption. 

Gays and lesbians are not per se prohibited from adopting in Tennessee.  The process would be just like a single parent adoption.  However, gays and lesbians are not permited to jointly adopt a child in Tennessee. This is also true of a situation where one of the biological parents is in a gay or lesbian relationship and would like his or her partner to adopt their child.  This type of adoption, often referred to as a "second parent" adoption, is prohibited in Tennessee, at least for so long as same sex marriage is not recognized in Tennessee.

Physical Custody:  A petitioner must have physical custody of the child they are seeking to adopt OR at the time the petition for adotion is filed with the court, a petitioner must demonstrate that they have a right to receive physical custody of the child they are seeking to adopt. 

First Minnesota surrogacy case upholds gestational surrogacy contract as legally binding

Great news on the gestational surrogacy front!  The Minnesota Court of Appeals upheld a gestational-surrogacy agreement (GSA) and affirmed the lower court ruling that a GSA was legally binding.  The court also upheld the choice of law provision in the GSA and applied Illinois law as outlined in the GSA.  It should be noted, however, that the opinion is "unpublished" thus limiting its authoritative value for subsequent cases.

A summary of the procedural history follows:

Appellant/J.M.A was hired to be a surrogate for Respondent/P.G.M.; the parties agreed to and signed a GSA, but had a falling out soon after. J.M.A. proceeded to have the child and refused to provide respondent with any information about the child’s whereabouts. Upon which, Respondent filed a paternity action, and the trial court concluded that respondent was the child’s father and denied J.M.A.’s parental rights.

J.M.A. appealed, arguing that a child’s parentage and custody could not be determined pursuant to a private contract. The appeals court found that the GSA is legally enforceable, and J.M.A was not coerced into signing the document. Likewise, the appeals court found the choice-of-law provision in the GSA was proper because the parties did not act in bad faith. Accordingly, the appeals court affirmed the lower court’s determination of parentage and custody in favor of respondent.

In Re the Paternity and Custody of Baby Boy A. 2007 Minn. App. Unpub. LEXIS 1189 (Minn. App. Ct. Dec. 11, 2007)

Tennessee Court of Appeals: No "diligent inquiry" then all proceedings to terminate rights of unknown parent are void

The Court of Appeals of Tennessee, at Nashville, reversed and remanded the trial court’s order terminating the Appellant/Unknown Father’s parental rights through service by publication. The appeals court held that the trial court erred in granting a protective order that prohibited the Appellant’s attorney from gathering pertinent information to determine his whereabouts and/or identity. The appeals court also held that Appellee/The Adoption Place, Inc. did not make a “diligent inquiry” of the birth mother to ascertain the identity of appellant before serving appellant by publication. Thus the court determined since the requirements of service were not met, all proceedings held were void.

Link to full opinion 

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