By: Hal C Clarke

In a surprising turn of events, New York has found itself under scrutiny for its adoption policies, with critics arguing that the state has made it easier to get an abortion than to adopt a baby. This controversy stems from a recent edict issued by Gov. Kathy Hochul’s Office of Children and Family Services (OCFS), which has raised concerns among adoptive parents and their legal representatives.

The NY Post exposed this strange conundrum.

The focal point of criticism revolves around a rule implemented by the OCFS, restricting the financial support adoptive families can provide to out-of-state birth mothers. According to the rule, financial assistance can only be extended 60 days before the baby is born and 30 days after birth. Critics argue that this limitation severely hampers support for biological mothers during crucial times, putting them at a disadvantage.

What has added fuel to the fire is the revelation that this rule applies not only to birth mothers within New York but also to those residing outside the state. This has led opponents to label New York as one of the most restrictive states when it comes to adoption, fostering a perception that the state is discouraging pregnant women from other states to provide loving homes for their babies in New York.

Dennis Poust, the executive director of the New York State Catholic Conference, expressed his concerns, stating, “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.” This sentiment reflects a broader narrative that questions the state’s priorities in supporting mothers and families through the adoption process.

Veteran adoption lawyer Lisa Goldberg weighed in on the matter, emphasizing the chilling effect the rule has on New York adoptive parents. She raised a pertinent question: “Why would a birth mother pick you if you’re limited in how much you can assist her?” Goldberg contends that these payment restrictions may discourage birth mothers from other states to choose New York as the destination for adoption, opting for states with less stringent rules.

The heart of the issue lies in a “Dear Colleague” memo sent out by OCFS Agency Director Shelly Fiebich on January 5. The memo clarified that the agency would only apply New York law when reviewing fees related to adoptive placement, refusing to accept out-of-state court orders addressing fee matters. This decision has drawn criticism, with former Congressman Max Rose condemning the limits as anti-adoption and anti-family.

Max Rose, who is also the father of an adopted 3-year-old boy, expressed his hope for a revision of the rule, stating, “I sincerely 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.”

However, the OCFS defended the January memo, asserting that it was merely a reminder of the enforcement of existing state laws regulating adoptions. The agency stated, “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.”

Despite the defense, Dennis Poust of the Catholic Conference urged Gov. Hochul to reconsider the restrictive adoption policy. Poust acknowledged the governor’s efforts, such as announcing a $7 million increase in funding for adoption-related services in November.