Family attorney can guide you on matters adoption and surrogacy
Best family attorney in Boise and Nampa ID can help you navigate the complex legal procedure that surrounds adoption and surrogacy. Adoption and surrogacy are two ways of building a family for people who cannot have a biological child of their own. However, these processes involve complex legal issues that require the guidance and assistance of a family attorney. In this article, we will explore some of the legal considerations and the role of a family attorney in adoption and surrogacy, with a focus on Idaho laws.
Adoption
Adoption is the legal process of establishing a parent-child relationship between a person and a child who is not biologically related to them. Adoption can be domestic or international, open or closed, public or private, and can involve children of different ages and backgrounds.
In Idaho, consent to adoption is required from the following parties:
- The adoptee, if he or she is more than 12 years old unless he or she does not have the mental capacity to consent
- Both parents or the surviving parent of an adoptee who was conceived or born within a marriage
- The mother of an adoptee born outside of marriage
- Any biological parent who has been adjudicated to be the child’s biological father by a court of competent jurisdiction prior to the mother’s execution of consent
- An unmarried biological father of an adoptee only if he has developed a substantial relationship with the child, taken some measure of responsibility for the child and the child’s future, and demonstrated a full commitment to the responsibilities of parenthood by financial support and visitation or communication
- Any legally appointed custodian or guardian of the adoptee
- The adoptee’s spouse, if any
- An unmarried biological father who has filed a voluntary acknowledgment of paternity with the vital statistics unit of the Department of Health and Welfare
- The father of an illegitimate child who has adopted the child by acknowledgment
A family attorney can help prospective adoptive parents navigate the legal requirements and procedures for adoption in Idaho, such as:
- Completing a home study
- Finding an adoption agency or facilitator
- Preparing and filing adoption petitions and other documents
- Representing them in court hearings and finalization
- Advising them on post-adoption issues such as name changes, birth certificates, citizenship, inheritance rights, etc.
Surrogacy
Surrogacy is an arrangement in which a woman (the surrogate or gestational carrier) agrees to carry and deliver a child for another person or couple (the intended parents) who cannot conceive or carry a child themselves. Surrogacy can be altruistic or compensated and can involve genetic or gestational surrogacy. Genetic surrogacy means that the surrogate is also the egg donor and is biologically related to the child. Gestational surrogacy means that the surrogate is not genetically related to the child and carries an embryo created by in vitro fertilization (IVF) using the gametes of the intended parents or donors.
Unlike many states in the U.S., Idaho has no laws regulating surrogacy. Idaho surrogacy contracts are neither authorized nor prohibited, and there are no clear regulations or restrictions on the surrogacy process itself. However, this does not mean that surrogacy in Idaho is illegal. In fact, Idaho has been called the “unofficial surrogacy capital” of the United States because of its lack of regulation and its favorable judicial attitude towards surrogacy.
A family attorney can help prospective intended parents and surrogates understand and protect their rights and interests in surrogacy arrangements in Idaho, such as:
- Drafting and reviewing surrogacy contracts that outline the terms and expectations of both parties
- Establishing legal parentage for the intended parents through pre-birth orders or post-birth adoptions
- Resolving any disputes or complications that may arise during or after the surrogacy process
- Advising them on potential risks and liabilities associated with surrogacy
Tax Benefits
Adoption and surrogacy can be expensive processes that involve various costs such as agency fees, legal fees, medical expenses, travel expenses, etc. However, there may be some tax benefits available for people who pursue adoption or surrogacy in Idaho.
- Adoption tax credit: The federal government offers a tax credit for qualified adoption expenses paid to adopt an eligible child. The credit is nonrefundable, which means it is limited to your tax liability for the year. However, any credit in excess of your tax liability may be carried forward for up to five years. The amount of the credit is indexed annually for inflation.
- Adoption assistance exclusion: If you receive adoption assistance payments from your employer or from the state of Idaho for adopting a child with special needs, you may be able to exclude these payments from your taxable income. The exclusion amount is limited to the same amount as the adoption tax credit.
- Surrogacy expenses deduction: The IRS does not allow a deduction for surrogacy expenses as medical expenses unless the expenses are related to your own medical condition and not to the surrogate’s. For example, if you are a same-sex couple who uses a surrogate to have a child, you cannot deduct the costs of egg donation, IVF, and surrogacy as medical expenses. However, if you are a heterosexual couple who uses a surrogate because of your own infertility or health issues, you may be able to deduct some of these costs as medical expenses, subject to certain limitations and thresholds.
To claim any of these tax benefits, you will need to keep records of your adoption or surrogacy expenses and payments and file the appropriate forms with your tax return. You may also need to obtain an adoption taxpayer identification number (ATIN) or a social security number (SSN) for your adopted or surrogate child. A family attorney can help you understand the tax implications of adoption or surrogacy and advise you on how to maximize your tax savings.
Work with the best family attorney in Boise and Nampa ID
Adoption and surrogacy are both rewarding but challenging ways of creating a family. They involve complex legal issues that vary from state to state and case to case. Therefore, it is advisable for anyone considering adoption or surrogacy in Idaho to consult with an experienced family attorney who can provide them with professional guidance and representation throughout their journey.
Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started. For a free 30-minute consultation, book here: https://calendly.com/jfj-1