Family Adoption: Did We Do the Right Thing? (Freeper Lawyer/Accountant Advice Requested)

8 Jan 04 | TankerKC

[TankerKC]

Is there anyone out there with some expertise in this area? Every time we call or visit an office, they give us a list of things to do to document this child. Once we do it, the rules changes.

Most recently, my wife called the local Social Security office, which referred her to a 1-800 number. At the number, an agent told gave her a list of items that would be acceptable to issue a SS card. My wife collected the items, and went to our local office (again). She waited for 3 hours, then was told that the 1-800 agent was wrong and the birth certificate was the ONLY acceptable proof of citizenship.

Help?

[Support Free Republic]

Rank	Location	Receipts	Donors/Avg		Freepers/Avg		Monthlies
27	South Carolina	242.50	10	24.25	201	1.21	68.50	8

Thanks for donating to Free Republic!

Move your locale up the leaderboard!

[Bikers4Bush]

Get a copy of the mothers legal U.S. birth certificate and a DNA test from the mother as well as her siblings.

Your problems SHOULD end once you have established (through DNA) that the mother is a legal citizen.

[IncPen]

I don't have any advice, but I wish you the best. You're doing the right thing...

[pbmaltzman]

My heart goes out to you. This lady is seriously screwed up. I hope her kids turn out all right.

I would also mention, though, that "heroine" = "female hero"; and that "heroin" = "addictive drug referred to above." Not even remotely the same.

[GovernmentShrinker]

Who's your congresscritter? Social Security is a federal issue, as are the federal tax credits. Congresscritters are supposed to have staffs that help constituents with such things.

[Lizavetta]

Or, get the $600 “Bush” child tax rebate

Are you sure about this? I was under the impression that you got a $10,000 deduction for adopting.

[lsucat]

I have three children adopted internationally. You do not have to have proof of citizenship to get a social security number. I got my sons' numbers before they were citizens, but they had green cards. I wish I could help more, but I know that anyone at social security who tells you that your child needs proof of citizenship to get a social security number is wrong. Furthermore, we have been told in no uncertain terms that a U.S. birth certificate is NOT proof of citizenship.

I hope someone is able to help you more. Dealing with social security has never been a cakewalk for us. I have found it helpful to print the list of required documents from the social security site and bring it with me to the office. In my latest tangle with them, that's the only thing that helped.

Calling your congressman and senators is an excellent idea. Good luck to you.

[lsucat]

You do get a $10,000 credit for adopting. I think he may have been referring to the rebate that was sent out to families earlier this year. It was a rebate on the child tax credit, not the adoption credit.

[lsucat]

One more thing...the only acceptable documents for proving citizenship to INS are a U.S. passport or a Certificate of Citizenship as far as I know. Under a law signed in 2000, foreign-born children become U.S. citizens the moment they are adopted by U.S. citizens. Unfortunately, social security still requires adoptive parents to get either a passport of certificate of citizenship to prove it.

[OldFriend]

I am so sorry that you feel so put upon that you are sorry you did the right thing. Can you get some help from your Church. Is there a community outreach in your area?

Please know that you are doing g-d's work.

[mamaduck]

No advice, but a big cyber hug and praise. Thank you for being a good person and doing the right thing!

People are often unreasonable, illogical, and self-centered; Forgive them anyway.
If you are kind, People may accuse you of selfish, ulterior motives; Be kind anyway.
If you are successful, you will win some false friends and some true enemies; Succeed anyway.
If you are honest and frank, people may cheat you; Be honest and frank anyway.
What you spend years building, someone could destroy overnight; Build anyway.
If you find serenity and happiness, they may be jealous; Be happy anyway.
The good you do today, people will often forget tomorrow; Do good anyway.
Give the world the best you have, and it may never be enough; Give the world the best you have anyway.
You see, in the final analysis, it is all between you and God; It was never between you and them anyway.
Written By Mother Teresa of Calcutta

[Gumdrop]

You are so right about the Mom's proof of citizenship. Children born outside the USA are citizens if their mother is a citizen. So, all you should need to do is get the proof that your sister is the Mom and she is a citizen. The get the adoption finished by getting her approval. My cousin had two daughters born in France in the 1960's. They had dual citizenship; when they became adults, they needed to renounce citizenship for France. It was not a problem for them.

[Sloth]

We could have easily let the child be a ward of the state and taken cash and health insurance. But, we didn’t think is was a state responsibility. It was a family responsibility.

All things being equal I'd agree, but think how much money the state has stolen from you to pay for other things that are not its responsibility.

Anyway, I have no special knowledge to give you advice, but kudos for taking on such a burden.

[TankerKC]

"heroine" = "female hero"; and that "heroin" = "addictive drug

Ouch. My bad.

[TankerKC]

I was under the impression that you got a $10,000 deduction for adopting.

I've never heard of that, but I need a SS number just to file and claim her.

[Iron Eagle]

That is a remarkable story, and you have done the right thing.

I am surprised that your adoption attorney did not or could not help you.

I suggest the following. Contact either legal aid in your home state, and see if you qualify for free legal assistance. They should be able to guide you through the process to get a SSN.

I assume the adoption was not completed? If it was, how was it done without establishing the child's residency?

I have done some pro bono work on Social Security appeals, and I can tell you that you are shoveling sand against the tide if you go to SS without counsel.

Since you are in the Military (thank you for your service by the way), you may have access to legal counsel or a legal referral service on base. Look there. The other suggestion on here worth while is writing your Congressman. Your post would make the start of an excellent letter.

Your story is compelling. You should direct your energies to getting pro bono help or Congressional intervention. You are now trading sand with social security.

With respect to your taxes, you should be able to file an amended return once all this is straightened out.

Good Luck.

[TankerKC]

The get the adoption finished by getting her approval.

The adoption should be final in March...but if our luck holds out, it won't work. The mom did not contest the adoption, but no one can find the father and that has held things up.

[TankerKC]

I am surprised that your adoption attorney did not or could not help you.

Me either. She still hasn't finished the adoption and we are already $2000 into fees with her. We just can't afford any more.

[VRWC_minion]

See this form at the IRS form W-7A

While an adoption is pending, a taxpayer may be unable to obtain an SS number. The other form to check is W-7, same IRS site W-7

Read instructions for both.