Ask AF: Fighting for Health Coverage

Many companies are misinformed about their responsibilities to adoptive families. Here's how to go about adding a newly adopted child to your health insurance plan, even if your HR department is resistive.

Q: My HR representative told me I can’t add the baby I’m adopting domestically to my insurance until the adoption is finalized. I read an AF article that says coverage is available as soon as a family “assumes financial responsibility” for a child. How would I legally demonstrate this?

 

A: The applicable laws have been in place for more than 10 years. Your HR representative seems to be so misinformed that a little education may be all that is necessary. Give her a copy of the article you read, “It’s the Law: Why Health Insurance Companies Must Cover Your Children.”

If education is not enough, you can document the fact that you are assuming financial responsibility on a certain date via a copy of a letter that you give to your agency or the birth mother (if adopting independently). The key is to parrot the language of the statute:

“Dear [birth mother’s name]: This will confirm that, as of the child’s moment of birth, we will assume financial responsibility as the child’s adoptive parents…”

Stand your ground. The law is on your side.

Adoption Attorneys

Fiddler Osband LLC
Attorney Name
Rachel Osband
City
Edina
MN
Adoption Routes/Programs
U.S. Newborn, U.S. Foster, International, Special Needs/Waiting Child
Practice State(s)
MN
Attorney Name
C.J. Lyford
City
Lafayette Hill
PA
Adoption Routes/Programs
U.S. Newborn, U.S. Foster, International, Special Needs/Waiting Child
Practice State(s)
PA
TruAdopt Law
Attorney Name
Celeste E. Liversidge
City
Pasadena
CA
Adoption Routes/Programs
U.S. Newborn
Practice State(s)
CA
Adoption Legal Services of Oklahoma
Attorney Name
Charles Watts
City
Oklahoma City
OK
Adoption Routes/Programs
U.S. Newborn, U.S. Foster
Practice State(s)
OK

See all adoption attorneys >


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