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Adoption of Children in Foster Care
There arise many circumstances where children under foster care are returned to birth parents due to various reasons. Under the circumstances, the responsibility of getting these children adopted lies with local agencies and state. Mostly, children are adopted by their foster parents. People who are interested in adopting children in foster care should be aware of adoptions laws that are applicable under these situations.
Foster care adoptions are different from traditional adoptions. Foster care adoptions are handled by state agencies and occasionally by private agencies. Moreover foster care adoptions are free, and prospective adoptive parents would be eligible for federal adoption tax credit.
Types of Foster Care Child Adoptions
There are many situations wherein children placed in foster care can be adopted. Children whose parents have relinquished their rights can be adopted by prospective parents. Foster parents can adopt a child placed in their care even though there was no initial plan to do so. There is another situation where in child whose parents had rights were placed in foster care. The foster parents agree to adopt the child in the event he is not united with his birth parents. Since these kinds of adoptions require resolution from multiple avenues it is known as concurrent planning.
Adoptive parents and foster parents have different responsibilities and legal rights. Adoptive parents are parents of the child legally and hence have complete responsibility just like birth parents. These responsibilities include, financial as well as decision making responsibilities. But adoptive parents are eligible to receive tax credits and state subsidies.
Foster parents are not legally responsible for the child under their care but the child welfare agency is. Moreover, foster parents share all their responsibilities with respect to the child with the concerned child welfare agency.
Tax Credits Enjoyed by Adoptive Parents
Tax credit is applicable to adoption fees, attorney costs, travel expenses and court costs. This credit is reduced from total tax liability of the parents. If the costs are reimbursable by employer, it can be excluded from gross income. If adopted child requires special care, adoptive parents are qualified for more tax credits on expenses.
The adopted child must be under 18 years of age and unable to tend for himself either physically or mentally for adoptive parents to qualify for tax credits from the government. Apart from this there are certain income limits that are enforced for eligibility for deduction of adoption expenses by the federal laws.
Adoption is a complex process and involves legal procedures which should be tackled with the help of an adoption attorney so that the process is completed smoothly.