adoption

Published on: November 14, 2015

Is Adopted Child Entitled to Trust Estate of Biological Parents?

by Stephen Bilkis

The question presented is whether a child born out of wedlock, who is adopted out of his biological family at birth, is entitled to a share of a trust estate devised by his biological grandmother to her daughter’s issue. The Surrogate’s Court entered a decree in the child’s favor, which has been unanimously affirmed by the Appellate Division. We granted leave to appeal and now reverse.

The decedent died in 1973, leaving a will which provided for a residuary trust. Her daughter, was designated as the income beneficiary. Upon her daughter’s death, the trustees were directed to “divide trust fund into as many shares or parts as there shall be issue and to continue to hold each of such shares or parts in trust during the life of one of said persons.” The remainder is to be paid to the surviving descendants at the latest possible date consistent with the Rule against Perpetuities.

Published on: June 28, 2011

Adoption Ban Struck Down in Arkansas

by Stephen Bilkis

Arkansas once had a state law that disallowed unmarried, cohabitating couples from becoming adoptive or foster parents – until the Arkansas Supreme Court declared it unconstitutional in a unanimous decision, Manhattan Family Lawyers report. They assert, with a circuit judge’s ruling, that the law unconstitutionally burdens fundamental privacy rights.

“This band wouldn’t even allow a relative – gay or straight – to foster or adopt a child with whom they had a close relationship, so long as that relative was unmarried and living with a partner,” an ACLU representative said. “The court clearly saw that this ban violated the constitutional rights of our clients and thousands of other Arkansans.”

A Christian conservative group had another opinion, stating the decision “is the worst ever handed down by the Arkansas Supreme Court.”

Published on: June 22, 2011

Child trafficking concerns halt adoption proceedings in Nepal, reports New York Family Lawyer 

by Stephen Bilkis

Families who are looking to adopt a child from Nepal, or who are in the process of doing so, have been put on hold as adoption proceedings have been made more difficult in recent months because of fears of child trafficking, said a New York Family Lawyer.   Dozens of families that have spent thousands of dollars in adoption fees and overseas travel in attempt to open their homes to abandoned children have been stopped short of finalizing the proceedings because officials in Nepal are concerned that some of the children being adopted out were not really abandoned, but stolen, which has devastated those who are anxiously awaiting the arrival of their new son or daughter.   The New York Family Lawyer cited cases where adoptive families were given a choice by Nepalese officials to either stay in India until investigations into the birth parents of the child had been resolved, which happens very slowly, or to go back to the US and wait until such proof has been established. In a country where poverty and disease is rampant and children are left to die because no one can care for them, it seems as if adoption by a US family would be in the best interest of the child.   Even so, describes the New York City Family Lawyer, Americans cannot typically afford to suspend their livelihoods and put everything on hold to remain in Nepal for an undetermined amount of time. Leaving the children that they crossed the globe to rescue and to love proves to be one of the most difficult things an adoptive parent can do, but often there is no choice since things move so slowly.   

Marriage, divorce, custody and adoption all fall under the category of Family Law. A reputable New York Family Attorney is a good resource if you are struggling with any of these issues. Call a recognized New York Family Attorney today for information, education and representation in these areas.The firm of Stephen Bilkis & Associates with convenient locations in the Metropolitan Area, including servicing Brooklyn, New York City, can be of invaluable assistance to you if you find yourself a party to a case. Facing the Court without professional representation could lead to bad results.