IN Hampton Spring 2016 | Page 39

implants a combination of the egg and sperm of the intended parents (and/or a sperm/egg donor) into a surrogate woman who will carry and deliver the child. In this case, the surrogate is not genetically related to the child and only acts as the carrier. Is surrogacy legal in all countries? Answer: No, France, Germany, Italy, Spain, Portugal, and Bulgaria prohibit all forms of surrogacy. What are the costs associated with adopting a child? Answer: Adoption can range in cost from $0 to $50,000 depending on several factors including the age of the child. In addition to adoption fees, other expenses that should be taken into consideration when adopting are travel, medical, out-of-state fees, attorney fees, adoption letter, and other legal expenses. What steps need to be taken to adopt a stepchild? Answer: The most significant step in adopting a significant other’s birth child or children is that of obtaining consent from the other birth parent. It is a requirement to obtain this consent in order for the adoption to be formally recognized. Home visits, adoption hearings, and long waiting periods may be avoided because the adopted children are related to the birth parent. DIVORCE, ANNULMENT, PROPERTY SETTLEMENTS, ALIMONY, CHILD CUSTODY AND VISITATION AND CHILD SUPPORT Family law in Pennsylvania covers a broad spectrum of the consequences of divorce such as child custody, adoption, and paternity testing. What is the difference between a divorce and an annulment? Answer: Grounds for divorce typically fall into two categories: fault and irreconcilable differences, whereas grounds for annulments include being underage, presence of an undissolved previous marriage, and mental incompetence, such as insanity or serious mental disorder. How is property division decided? Answer: Pennsylvania is an equitable distribution state. When two parties cannot reach a settlement on division of property, the Court of Common Pleas distributes assets in an “equitable fashion,” meaning what is deemed to be fair by the courts. Equitable division takes into consideration length of marriage, prior marriages, income and value of property, among other things. Property division is only determined after a couple enters into a divorce. What are the deciding factors in awarding child custody? Answer: In all states, both parents have equal rights to custody over a child. Parents are both required to provide the court with reasoning on what is in the best interest of the child. Some states take into consideration age and/or sex of the child when deciding custody. How is guardianship decided? Answer: A legal guardian must be over 18 years of age, have a genuine interest in the child’s welfare, and must be able to physically and financially fulfill the responsibilities of raising a child. What are the laws and regulations for fostering a child? Answer: It is required for interested individuals to be at least 21 years of age to apply to become a foster parent. Individuals will undergo extensive background checks, including a criminal check and child abuse clearances on all those living with the applicant over the age of 14. Financial stability will be assessed, along with the physical features of a home, to determine that there is adequate space for an additional child or children. Emotional stability, ability to provide a safe and stable environment, family life, and relationships with own children are also taken into consideration when evaluating an individual. n GUARDIANSHIP AND FOSTER CARE Being a legal guardian or becoming a foster parent comes with the same responsibilities as being a parent, but may offer a child the best possible environment for living. When should a Petition for Guardianship be filed? Answer: Typically, petitions for guardianship of a child occur when both parents pass away, are missing, have a drug/alcohol problem, or have mental problems. Hampton | Spring 2016 | icmags.com 37