Though the adoption process can seem like a lengthy journey that is complete at the court finalization hearing, there are important steps that a family must take after finalizing an adoption.
This article outlines the steps to take after your adoption finalization - how to obtain an amended birth certificate, order a social security number, maintain post adoption communication, apply for the tax credit, and seek adoption reimbursement.
ORDER AN AMENDED BIRTH CERTIFICATE
Once your adoption is complete and you obtain a Final Decree of Adoption, you can apply for an amended birth certificate for the child that has your names as the legal parents to the child and the child’s new name, if applicable. This is ordered from the child’s state of birth, regardless of where you finalize the adoption. If you are amending a PA birth record, the court must completed the PA H105 (Certificate of Adoption) form with your hearing, whether the adoption is finalized in PA or another state. Check with your state’s vital records requirements to obtain an amended birth certificate. Information on ordering Pennsylvania birth certificates is here, and the application form is here. PA requires applicants to mail in the application form with payment and only accepts checks or money orders as payment. You can include a prepaid return envelope with tracking as well.
Once a new birth certificate is issued, the original birth certificate is sealed and may be unavailable until the child turns 18, and even then will have complexities to receive it. Make sure to order extra copies of the original birth certificate for the child and birthparents, in case they would like a copy now or in the future, prior to amending the birth certificate. The court will require an original of the birth certificate with the adoption finalization, so it is important to order extra copies for the child and biological parents prior to finalizing the adoption and ordering an amended birth certificate.
APPLY FOR A SOCIAL SECURITY NUMBER
Though you can apply for a social security number prior to receiving an amended birth certificate, it is recommended to wait for the new birth certificate so that you can apply with the child’s new name. Once you receive your amended birth certificate, you can apply for a social security number for the child at any Social Security Office. If the child was adopted from birth, it is likely they do not have a social security number. If the adoptee is older, it is likely they have a social security card and you may want to apply for a new number. Here is the application for a social security card. It is recommended when applying to bring original documents for the child, such as the Final Decree of Adoption, amended Birth Certificate, previous social security card (if applicable), and medical information. More information on needed documents is here. If your adopted child is born outside the U.S, here is a list of documents that can be used to prove citizenship. The Social Security Office will collect originals of the documents and mail them back with the card when issued. Details on social security numbers for children can be found here.
Once you have the birth certificate and social security card, you may apply for the child’s passport. If you need an identifying number for the child before receiving the social security card, you can apply for an Adoption Taxpayer Identification Number (ATIN), more information here.
SET EXPECTATIONS FOR POST-ADOPTION CONTACT
Maintaining post-adoption contact based on the biological family’s expectations is very important for the adoptee and may be legally required depending on your situation. Make sure you know what is expected of your family regarding post-adoption contact with the biological family, such as how much communication and how often, and put the right tools in place to honor the post adoption contact expectations. For example, a family may setup a private page on their own website, through social media, or through a photo sharing site TinyBeans where they upload regular photos and information about the child, and allow for the biological family to access such updates and provide their own family’s updates. Depending on the state where you finalized, you may have a court enforceable Post Adoption Contact Agreement that you agreed to abide by after the adoption is finalized. Learn more about post-adoption contact agreements between birth and adoptive families here.
In addition to Post-Adoption Contact, the family will have a lifelong dynamic with the child’s connection to adoption, such as through helping them understand their biological and cultural identity. Read “Respecting Children’s Cultural Backgrounds in Adopted or Blended Families” to learn about supporting an adoptee’s lifelong journey in understanding their identity.
APPLY FOR THE ADOPTION TAX CREDIT
There is a federal Adoption Tax Credit that adoptive parents are eligible for the year after they finalize their adoption. Some states also have their own adoption tax credit or reimbursement options for families. During your adoption process, it is important to maintain a list of your qualified adoption expenses and submit proper tax paperwork to be eligible for the Adoption Tax Credit.
For adoptions finalized in 2024, the maximum adoption tax credit is $16,810, which will begin to phase out for adoptive parents with a modified adjusted gross income of $252,150, and completely unavailable for those above $292,150. The form for qualified adoption expenses is available here and instructions are here. Learn more about the federal Adoption Tax Credit here.
There is pending legislature, ‘The Adoption Tax Credit Refundability Act of 2023’ (House bill / Senate bill), that aims to make the current Adoption Tax Credit refundable. This would allow adopting families to be eligible for the full credit rather than only what may be applied to tax liability, helping more families afford the high costs associated with adoption.
CHECK FOR EMPLOYER BENEFITS & REIMBURSEMENT
It is important to check with your employer and HR department about family building benefits, and specifically if you qualify for any adoption and/or legal service reimbursement. This is recommended prior to starting the adoption process, though the funds may only be available after finalizing the adoption. Your employer may have an adoption reimbursement or legal services benefit that is not highlighted in the benefit package or marketing materials. Make sure to check if your employer has adoption reimbursement, the amount and what is required to receive the reimbursement, and how long it takes to receive the reimbursement. This could also be framed as “legal services” reimbursement up to a certain amount, or you may be part of a legal services plan where certain attorneys can be reimbursed for legal services. As there may be other benefits related to family building, such as financing for the adoption-related expenses or covered mental health counseling, it is important to check before starting your adoption journey. If your employer does not currently offer adoption reimbursement, request that they consider creating a reimbursement program. You can look at the Dave Thomas Foundation for Adoption and their yearly review of the 100 Best Adoption-Friendly Workplaces, and their free toolkit for employers to implement reimbursement programs.
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