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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

By Carl Campanile

Published Jan. 14, 2024, 4:08 p.m. ET

New York makes it easier to get an abortion than adopt a baby thanks partly to a
bombshell Hochul administration edict, critics rail.

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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.

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“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.

Adoptive and would-be-adoptive parents are criticizing a rule from Gov. Kathy
Hochul’s Office of Children and Family Services that limits the amount of
financial support adoptive families can give out-of-state birth mothers. Hans
Pennink

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“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.


MORE ON: ADOPTION


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   'THEY'RE PUTTING CHILDREN LAST'


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“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.

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“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.

According to critics, the Hochul administration is making it easier to get an
abortion than adopt a baby in New York. REUTERS

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.”

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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.

“Unfortunately this rule does the opposite and puts New Yorkers through a lot of
pain.”

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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.

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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.

What do you think? Post a comment.

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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.


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