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New York makes it easier to get an abortion than to adopt a baby thanks in part to Hochul admin edict, critics say

  • Nishadil
  • January 15, 2024
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New York makes it easier to get an abortion than to adopt a baby thanks in part to Hochul admin edict, critics say

New York makes it easier to get an abortion than adopt a baby thanks partly to a bombshell Hochul administration edict, critics rail. Adoptive and would be adoptive parents and their lawyers are blasting a rule recently evoked by Gov. Kathy Hochul’s Office of Children and Family Services that limits the financial support adoptive families can give even out of state birth mothers.

The controversial restriction, which covers birth moms in New York, too, says financial help can only be made 60 days before the baby is born and 30 days after birth, severely hindering help for the biological moms at crucial times of need, critics say. The state recently made it clear that the rule covers adoptions involving birth mothers who live outside of New York, too, boosting the state’s stance as one of the most restrictive when it comes to adoptions, opponents say.

“New York is encouraging women from other states to get abortions here but discouraging pregnant women from other states to provide loving homes for their babies right here in New York,” said Dennis Poust, executive director of the New York State Catholic Conference, to The Post. Veteran adoption lawyer Lisa Goldberg said, “It puts a chilling effect on New York adoptive parents — it puts them at a disadvantage.

“Why would a birth mother pick you if you’re limited in how much you can assist her?” she said, explaining that the payment restrictions will discourage birth mothers from another state to enter into a contract to give a baby to New Yorkers, as opposed to prospective parents in other states with less stringent rules.

“It disadvantages an expectant mother who can’t get [more] financial assistance from a New York family even if they do the adoption in her home state,” the lawyer said. At issue is a “Dear Colleague” memo that OCFS Agency Director Shelly Fiebich sent out Jan. 5. “Be advised that the New York State Office of Children and Family Services Interstate Compact on the Placement of Children (NYS OCFS ICPC) office has revised the Adoptive Placement Fee Disclosure Form OCFS 4690 to clarify that the [agenc] will only apply New York law when reviewing fees paid or to be paid in the context of an adoptive placement and an application for [agency] approval of an adoptive placement into New York,” Fiebich wrote.

She said the New York agency that oversees adoption services “will not accept an out of state court order that addresses the subject of fees.” Former Congressman Max Rose, the father of an adopted 3 year old boy, was among the critics slamming the limits as anti adoption and anti family. “I sincerly hope Gov.

Hochul fixes this rule. I know in her heart of hearts she wants New York families who choose to adopt to be supported and make New York a place to raise a family,” Rose said. Stay up on the very latest with Evening Update. Please provide a valid email address. By clicking above you agree to the Terms of Use and Privacy Policy .

Thanks for signing up! Never miss a story. “Unfortunately this rule does the opposite and puts New Yorkers through a lot of pain.” Goldberg said she was particularly surprised the state regulators said they would “not accept” out of state court orders that dealt with fees or payments New York adoptive parents make to a birth mother from another state.

“I don’t know how an administrative agency can ignore a court order,” she said. “It’s unfortunate. It’s disappointing. Hard and fast rules like this don’t help anybody. It doesn’t take into account the unique needs of each adoption,” Goldberg added. The OCFS defended the January memo, claiming it was merely a reminder that it was enforcing the state law regulating adoptions already on the books.

“OCFS is committed to helping all children eligible for adoption find a permanent, loving family, including any who may be considered for adoptive placement from other states. We follow all New York State laws, and any court order that is fully compliant with the law will be honored,” the agency said in a statement.

But the Catholic Conference’s Poust said he hopes Hochul — who refers to herself as the first “mom governor” — moves to change the restrictive adoption policy, giving her credit for announcing in November a $7 million increase in funding for adoption related services. Hochul also recently proposed legislation to expand New York State’s Paid Family Leave program to cover 40 hours of additional paid leave for pre natal medical appointments .

“Families who want to adopt and pregnant women who want to give the gift of love should have all the help they deserve in New York state. It’s frustrating when you have barriers to adoption,” Poust said..