Stepparent Adoption Issue

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1. Stepparent Adoption Issue

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Misty A. Avallone, Esq

Posted 11-18-2019 02:36 PM

Dear Colleagues,

I need help with a stepparent adoption case I have. I reached out to the lawyers on the NJ Fam Lawyers FB group, and we're on the same page, yet I am running into issues with our judge.

Stepfather and biological mother (husband and wife) have F1 Visa's and have been here for more than 5 years, and child has been living in the US with bio-mom the entire time. Biological father is in India and has provided consent to the adoption. Judge wants case law on the applicability of the Hauge Adoption Convention. From my understanding, and what I've confirmed with the other attorneys in the FB group is there is no case law because Hague doesn't apply. Does anyone know of any case law confirming same?

I reached out to Deb Guston who pointed me to a VA attorney who is the co-author of an article stating the same, and the judge won't accept that either without any case law. Is there even case law basically stating a negative – that the Hauge Convention wouldn't apply to a stepparent adoption when both the biological parent and child have been habitual residents of the US and the child is NOT moving countries due to the stepparent adoption?

Thanks for any guidance you can provide.

Misty

	Misty A. V. Avallone, Esq. P: 609.683.7400 F: 609.921.8982 E: [email protected] www.kingstonlawgroup.com

IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not [email protected], or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.

2. RE: Stepparent Adoption Issue

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Debra E. Guston, Esq

Posted 11-18-2019 03:00 PM

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Misty,

What you can do is communicate with the Indian Central Adoption Authority - call the Indian Consulate in NY and get the contact information. You would have to write to them with the details of the child's residency history and with information of the consent of the resident Indian citizen parent. They would than, hopefully, return a letter to you confirming that India is not the child's habitual residence and therefore, Hague does not apply.

Sorry you have to go through this, but this would be the general process if there was any doubt as to Hague application, so you might as well do it. If you are concerned about the format, Karen Law could likely make the inquiry for you.

Deb

=============================
Debra E. Guston, Esq., C.A.E.
Guston & Guston, L.L.P.
55 Harristown Road, Suite 106
Glen Rock NJ 07452
(201) 447-6660
Fax (201) 447-3831
www.gustonlaw.com

Of Counsel, Argentino Family Law & Child Advocacy, L.L.C.

Past President,
Academy of Adoption & Assisted Reproduction Attorneys

ANGEL IN ADOPTION RECIPIENT 2017

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Original Message

Original Message------

Dear Colleagues,

I need help with a stepparent adoption case I have. I reached out to the lawyers on the NJ Fam Lawyers FB group, and we're on the same page, yet I am running into issues with our judge.

Stepfather and biological mother (husband and wife) have F1 Visa's and have been here for more than 5 years, and child has been living in the US with bio-mom the entire time. Biological father is in India and has provided consent to the adoption. Judge wants case law on the applicability of the Hauge Adoption Convention. From my understanding, and what I've confirmed with the other attorneys in the FB group is there is no case law because Hague doesn't apply. Does anyone know of any case law confirming same?

I reached out to Deb Guston who pointed me to a VA attorney who is the co-author of an article stating the same, and the judge won't accept that either without any case law. Is there even case law basically stating a negative – that the Hauge Convention wouldn't apply to a stepparent adoption when both the biological parent and child have been habitual residents of the US and the child is NOT moving countries due to the stepparent adoption?

Thanks for any guidance you can provide.

Misty

	Misty A. V. Avallone, Esq. P: 609.683.7400 F: 609.921.8982 E: [email protected] www.kingstonlawgroup.com

IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not [email protected], or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.

3. RE: Stepparent Adoption Issue

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Misty A. Avallone, Esq
Posted 11-18-2019 04:24 PM
Deb,

That's helpful.

Thank you for your help!!

Misty

Misty A. V. Avallone, Esq.
P: 609.683.7400 F: 609.921.8982
E: [email protected]
www.kingstonlawgroup.com

Original Message

NJSBA Family Law Section