My sister had sole custody of her 10-year-old son, and my sister unexpectedly passed away last month. I am not sure who the dad is, and he has never been involved. I have emergency custody, but I would like to adopt my nephew. Is there any chance there are any resources available to help me?
Barbara’s Answer: YES! There may be a couple of avenues available. First, Social Security Survivor’s Benefits may be available, if your sister met the qualifications.
Second, an adoption subsidy may be available for your nephew. There is a myth that adoption subsidy is only available in public agency adoptions (i.e., adoptions from foster care); however, this is not true. In fact, adoption subsidy is available in many private adoptions. The child may qualify for Title IV-E adoption assistance, which is a federal subsidy program, or for state subsidy. The child may qualify for Title IV-E if he has one or more of the following eligibility factors: is 8 years of age or older, is of black or racially mixed heritage (at least one parent is black), is a member of a sibling group being placed together for adoption, has a physical or mental health concern, has a documented developmental delay, or is at risk of a medically diagnosed condition. If the child qualifies for adoption subsidy, the child should receive monthly maintenance payments, Medicaid, and a one-time non-recurring reimbursement of up to $1,000. These benefits become available upon finalization of the adoption; however, similar to Social Security Survivor’s Benefits, the State must approve the adoption assistance and the Adoption Assistance Agreement must be signed by all parties before the finalization of the adoption, or the benefits will not be available.
More about Barbara: Barbara’s practice includes representation of birth parents, prospective adoptive parents, and private adoption agencies. Barbara’s vocational experience includes interstate (ICPC) adoption; contested adoption; re-finalization of international adoption (as well as registrations of foreign births); private agency adoption, independent adoption; family member adoption; and adult adoption.