Adoption policies in the state could be changed after a memo prompted an outcry by some would-be parents.

New York’s Office of Children and Family Services came under fire after declaring a limit on a financial support that adoptive parents can provide to birth mothers.


What You Need To Know

  • Adoptive parents can give financial support to pregnant moms for a total of three months, according to New York law. The money can help cover maternity clothes or transportation to doctor appointments

  • The agency said it paused enforcement and is actively reconsidering the policy. A state spokeswoman told NY1 in a statement Friday that the agency “retracted” the controversial letter

  • OCFS is slated to hold meetings with adoption industry stakeholders to reassess policies in early June

Although the decision was reversed, critics say they still want the state to better explain its policy.

Now, experts say New York needs laws that are compatible with other states to ensure more kids get matched with homes.

“When you eventually receive your child, which is your child, that is the most beautiful thing in the world and you’re meant to have that child,” Michael Oliva said.

Oliva and his wife have been proud, happy parents to their adopted 11-month-old daughter for less than a year.

“We had problems along the way, but we just persisted,” he said.

Oliva told NY1 it was a long and emotional journey. He also mentioned he was shocked when the state’s Office of Children and Family Services, the agency in charge of adoption and foster cases, issued a notice appearing to make it harder for New York’s prospective parents.

“This letter came out in January, which really surprised everyone in the adoption world,” Lisa Goldberg, adoption attorney, said.

Adoptive parents can give financial support to pregnant moms for a total of three months, according to New York law.

The money can help cover maternity clothes or transportation to doctor appointments.

But other states’ laws can apply.

“In New York, adoptive parents are allowed to finalize their adoptions in New York or in the state where the mother resides when she has the baby,” Goldberg said. “For example, in the south, most legislatures allow an adoptive parent to help support a birth mother for the majority, if not all of her pregnancy.

According to Goldberg, enforcing New York’s rule would cripple the state’s adoption industry.

“It’s a pretty harsh and onerous law, to be honest,” she said.

Backlash forced the state to reverse its policy in March.

The agency said it paused enforcement and is actively reconsidering the policy.

A state spokeswoman told NY1 in a statement Friday that the agency “retracted,” the controversial letter.

“OCFS will be meeting with stakeholders for input as it revisits its process for the review of adoption fees for placements into [New York state],” Karen Male, the agency’s spokeswoman, said. “In the interim, OCFS will accept, for purposes of approval of an adoptive placement into NYS, out-of-state court orders that are issued and entered by the court with competent jurisdiction over the adoption proceeding.”

Meanwhile, state Sen. Jessica Scarcella-Spanton, a Staten Island Democrat, introduced legislation that would extend the amount of time adoptive parents can provide financial assistance for pregnant mothers.

“We have been working really closely with OCFS and the governor’s team on this so they have rescinded that letter so adoptive parents feel better about the process,” she told NY1. “We have legislation that would increase it to 180 days or six months before the birth, and 45 days after.”

Over 1,500 adoption cases are finalized each year, according to state data.

It’s an expensive process for families, complete with background checks and training.

It’s still unclear what promoted the agency to issue that first memo.

“Why this happened? There are several theories, I mean, some people think that there are attorneys in other states talking at advantage of the process,” Oliva said.

Goldberg told NY1 since the policy reversal, she’s been invited to discuss possible policy changes with administration officials. The meeting is scheduled for early June.