Second-parent adoption is the adoption of a child by a second parent in the home who is not married to the legal parent of the child. The factsheet also provides information about parenting agreements and voluntary acknowledgements of parenting. In fact, in some cases, both parents may be genetically related to the child but for legal reasons, only one is recognized as a legal parent. In addition to spending time with husband Randy and dog Marty, Luis enjoys being outdoors and appreciating the arts. The state of Kansas also permits a same-sex couple to jointly petition to adopt a child. PROCESS INFORMATION Who Are the Foster Children for Adoption? No recipients of content from this website, clients or otherwise, should act or refrain from acting on the basis of any content included in the website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. second-parent adoption, the Pennsylvania Supreme Court stated that, if the sole legal parent had relinquished parental rights, the couple could have adopted the child jointly.14 At the time, marriages of same-sex couples were not yet recognized in Pennsylvania, so this decision effectively sanctioned the adoption of a child by any If your spouse had a biological child, the question that will arise is whether the other biological parent of the child must consent to your adoption. Even if you are named as a parent on your childs birth certificate, your parental status may not be secure. If youre interested in adopting a child as the member of an LGBT couple, talk to a local attorney about your situation to find out what kind of legal adoption process is best for you. Now, surely, they would be free from the extra legal proceedings and added expenses that LGBT parents have been forced to undergo in order be sure their families were secure. Can a parent Put Baby Up for Adoption After CPS Has Intervened? Considering Adoption But new laws pertaining to gay adoption by both residents and non-residents are changing the landscape in DC particularly, so expert legal advice throughout the process is essential. Elsa joined IFLG as a Legal Assistant in 2019, bringing more than 35 years of experience working in the legal profession (concentrating in tort and litigation matters). She is excited to be a part of the IFLG Team helping families realize their dreams. Her client-facing focus at IFLG is to assist with all client trust accounting. The Alabama Supreme Court granted her petition on the basis that the Georgia court did not have jurisdiction and had acted incorrectly in granting the adoption. What You Need to Know, 10 Gay Adoption Facts that You Need to Know. Click image or here to download our information one-sheet. 1&2 Months Pregnant Confirming Pregnancy with a Doctor, 3 Months Pregnant Financing Your Pregnancy, 4 Months Pregnant Receiving Prenatal Care, 5 Months Pregnant Telling Your Friends and Family, 6 Months Pregnant Physical and Mental Effects of Pregnancy, 7 Months Pregnant Preparing for Labor and Delivery, 8 Months Pregnant What to Expect After Delivery, 9 Months Pregnant Welcome to Motherhood. She received her Paralegal Certificate from Coastline Community College and has worked with some of the top law firms in the assisted reproduction community. This was not the case even a few years ago, so the pool of potential LGBTQ adoptive parents has grown significantly. FindLaw (2021) Provides a map indicating which States authorize second-parent adoption. With three children of her own, Kim understands the importance of family and finds working in this area of law a rewarding experience. Second Parent Adoption is the process by which a married partner can legally adopt their spouse's biological or adoptive child. Since legal recognition of parentage varies from state to state, the issue of legitimate parentage inevitably rears its head. Baby for Adoption After Birth Is it Too Late for Adoption? If, as a gay couple, you and your partner are considering building a family, remember that second-parent adoption is one of the primary legal mechanisms and ARTparenting has arranged countless successful second-parent adoptions in Maryland and the District of Columbia through which you can protect the rights of all involved, especially those of your child. As an advocate for reproductive freedom, Rich also contributes his knowledge and time to improving the understanding and practice of ART law, most recently as a founder of and speaker at the first Cambridge University International Surrogacy Symposium held in June 2019, as immediate past chair of the American Bar Association ART Committee, and as a popular presenter to law schools, faculty and advocacy organizations all over the world. Same-sex couples can . Can You Put a Child Up for Adoption at Any Age? Why is Foster Care Cheaper than Other Adoptions? If you are married and one of you is not the biological parent, then it is very important for the non-biological parent to go through the legal adoption process. Stepparent adoptions are for married same-sex couples, while second-parent adoptions are for unmarried couples. In response to the ability of LGBT couples to get married like heterosexual couples have in the past, some judges and courts have made it difficult for same-sex couples who are adopting to complete second-parent adoptions the argument being that, if heterosexual couples are required to have a marital relationship before gaining a legal relationship to a child, same-sex couples should be required the same, not use a second parent adoption as a way to around that marital requirement. According to the U.S. Census, about half of these have both biological and adopted children. If your surrogacy is taking place in the U.S., please continue below. Meanwhile, officials in states where there has been political and popular opposition to same-sex marriage attempt to set up roadblocks to full parental rights for same-sex couplesmaking the legal landscape even more precarious and confusing for LGBT parents. In her spare time, Sunny enjoys spending time with her family and their dog, going to the beach, cooking, and being outdoors. Considering Adoption How (and Why) Should I Get to Know the Birth Parents? That bill, although assigned to committee, never picked up steam. What is Second Parent Adoption, and Why Do I Need It? Known for larger single-family homes and more green space, Cottonwood Heights is quickly becoming one of the best towns in Utah for LGBT families. [The Perfect Family is Waiting], 6 Questions About Adoptive Families [And their Answers], Meet Adoptive Families through a Video Profile. What is a Pet Custody Agreement In a Texas? As a LGBT family, there may be differences in your LGBT adoption experience when compared to a heterosexual family, but more and more LGBT couples are successfully becoming adoptive parents every year. If you would like to contact Kelly J. Capps to discuss your current situation, please fill out our Contact Form or call (512) 338-9800. In a divorce proceeding between two legal parents, it is preferred that both parents be given some form of joint child custody if it is in the best interest of the child. If youre considering adoption as a way to grow your LGBT family, the first question you have is probably, Can gay couples adopt? The answer is absolutely. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation. Regardless of the path you take, adopting thru foster care can be an attractive . A second parent adoption lets the non-legal parent to adopt and establish legal rights over the child without terminating the other parents rights establishing child custody. Stepparent or second parent adoption: An adoption by the spouse or partner of the child's legal parent. LGBT International Adoption: Is it Possible? She is fluent in Mandarin and English. What if My Foster Child Doesnt Want to Be Adopted? Nestled between the entrances to Big Cottonwood Canyon and Little Cottonwood Canyon, on the southeastern border of Salt Lake City, sits the city of Cottonwood Heights. In Austin, Texas more specifically Travis County the home study evaluator is selected from the courts list of qualified practitioners. (See the Reproductive Law pages of this website for a more detailed discussion of the CPSA and the opportunities it provides to New York parents conceiving through assisted reproduction.). As a law firm practicing exclusively in fertility law, we are committed to providing you and your family with the highest caliber legal support in all aspects of assisted reproductive technology law, including surrogacy, egg donation, embryo donation, sperm donation, parental rights, non-traditional family formation and second-parent adoption. After receiving her paralegal certificate in 2005, Cara began working in assisted reproductive law. Second-parent Adoption - A same-sex parent adopts the biological or adoptive child of his or her partner or spouse. After receiving her B.S. Kelly is a member of the Family Law Section of the Texas State Bar, the Austin Bar Association, the Travis County Women Lawyers Association, the Williamson County Bar Association, the Texas Academy of Family Law Specialists, and the Texas Family Law Foundation. But experts say a judicial order, such as an adoption, is the gold standard when it comes to ensuring parental rights are recognized in all jurisdictions. Sunny is bilingual in English and Mandarin and has extensive experience as a legal assistant and paralegal at Los Angeles-area law firms. Whether you want to conceive a child through assisted reproduction with your partner, adopt a child through adomesticorinternational adoption, or adopt your spouse or partners child, Rumbold & Seidelman can help. Fertility law attorney Phoebe Sadler has a background in family law and has been practicing exclusively in the area of assisted reproduction technology (ART) law since 2018. Here neither parent has a legal or biological connection to the child. How Do I Find a Birth Mother to Adopt From? There are many situations involving couples and their children in which there is only one legal parent, despite the fact that both adults may care for a child equally, and consider themselves co-parents in every sense of the term. A second-parent adoption allows a second parent to adopt their partners child without the first parent losing any parental rights. Meryl B. Rosenberg, Esq. website: www.iflg.net. Were here to help you build your family and ensure that your family is secure. During her spare time, Rubina enjoys spending time with her family and dog Bella, traveling and cooking. Stepparent Adoption FAQ's As we wrote then: The impetus behind AB 2349, which to a large extent simply confirms Californias jurisdiction over surrogacy agreements that were already under its jurisdiction, was recent actions by some state courts questioning other states jurisdiction to establish parentage, throwing childrens parentage into question and burdening parents with onerous legal proceedings. Matter of Maria-Irene D. 2017 NY Slip Op 06716, Family Law Institute of the national LGBTQ+ Bar Association, Advising you regarding the best way to secure your parental rights, through either a second or stepparent adoption, a declaration of parentage proceeding, or by executing an Acknowledgement of Parentage, Addressing how to terminate the potential parental rights of any genetically connected third party, Certifying you as an adoptive parent where necessary, Preparing and submitting all required documentation and papers in court, Obtaining a birth certificate identifying the second parent as the parent of the child. We appreciate you signing up for the MAP newsletter. 5. Family Equality SUPREME COURT DECISION AFFIRMS NONDISCRIMINATION LAWS IN MASTERPIECE CAKESHOP RULING. Later, after the couple separated, the biological mom petitioned Alabama to nullify the Georgia adoption. Because many states require parents who wish to adopt a child together to be married, if a same-sex couple is unmarried, only one partner can legally adopt a child. New attempts to subvert the intent of the Supreme Court emerge with each election cycle. Katie often spends her free time with her Husband, four young children and her bulldog Bella. Therefore, if you already have or are anticipating having a strong parent-child relationship with your adopted child and are not married to your partner, its important that you complete this step to create legal permanence for this relationship. Unfortunately, more than two years out from the courts historic Obergefell v. Hodges ruling, the legal reality for same-sex parentseven those who are legally marriedis not so cut and dried. A second parent adoption allows a parent who is not biologically related to their child to adopt their child without terminating a biological parent's rights. Adoption or Parenting Are You Ready to Raise a Child? The goals of a second-parent adoption are very similar to those of a stepparent adoption the key difference between the two being the marital status of the adoptive parents involved. While only you and your partner can decide whether marriage is right for you, it may be the only way that you can legalize your parent-child relationship with your spouses child. Adoption or Abortion A Fork in the Road. For example, perhaps a married lesbian couple used a sperm donor to have a child. Can You Place a Child for Adoption Without Citizenship? How Will My Child Know that I Love Him or Her? Peiya relocated back to her hometown, Beijing, China in 2019 and works from IFLGs Beijing office. Besides spending time with her son, Jordan, Toni enjoys exploring new things, cooking, spending time with family and friends, and serving as a Youth Advisor for Next Generation.. Whats a Second Parent Adoption? On the advice of an attorney, the family established residency in Georgia, where laws were believed to be less restrictive, and the non-biological mom adopted the three kids. Fields marked with an * are required. Whether this As you research ways to build your LGBT family, you may come across information on becoming gay foster parents. What LGBT Couples Need to Know: SECOND-PARENT ADOPTION ARTparenting APPLY Today! As a Paralegal with over 10 years of experience in the assisted reproduction technology field, Toni is our Managing Paralegal, responsible for training and managing our paralegal staff. Several steps are involved in the process of a Texas adoption. Stepparent adoptionis the legal adoption of a child by the spouse of the child's birth parent. Adoption can take the form of second-parent adoption, described above, or adoption by one member of a same-sex couple of the others biological child referred to as a step-parent adoption. READ ABOUT SURROGACY IN:Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Vermont, Virginia, Washington DC, West Virginia, Wisconsin. You can read more about MAP and the work we do on our About page. This legal determination typically requires an attorneys analysis of the law and the facts presented by your particular situation. Placing Baby for Adoption After You Take it Home. It also typically grants adoptive parents the same rights as biological parents in custody and visitation matters. phone & fax: +1 212 388 6966 The information contained in the Rumbold & Seidelman, LLP website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. What is Second Parent Adoption, and Why Do I Need It? Second, the adopting parent must be either married to, or a domestic partner of, the biological parent. *Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Adopting a child can be one of the most rewarding experiences of a lifetime. Same-sex parents in the United States are four times more likely than different-sex parents to be raising an adopted child.Source: https://www.lifelongadoptions.com/lgbt-adoption/lgbt-adoption-statistics, Overall, about 292,000 children had parents living with a same-sex partner or spouse.Source: https://www.census.gov/library/stories/2020/09/fifteen-percent-of-same-sex-couples-have-children-in-their-household.html, More than 16,000 same-sex couples are raising an estimated 22,000 adopted children in the United States.Source: https://www.lifelongadoptions.com/lgbt-adoption/lgbt-adoption-statistics, Same-sex couples with children were far more likely than male/female couples with children to have an adopted child (21.4% versus 3.0%) and/or a foster child (2.9% versus 0.4%)Source: https://williamsinstitute.law.ucla.edu/publications/same-sex-parents-us/, One out of every 25 U.S. families with children have an adopted child. While second parent adoptions are not as common as they used to be, they may still be an option for unmarried LGBT couples. This protects your parental rights should divorce occur. There is also currently no explicit prohibition against a same-sex partner to petition to adopt partner's child or child of the relationship. Since there may be circumstances where the parental rights of the non-biologically related parent could be subject to challenge by either the biologically related partner/spouse or by the provider of the gametes used in conception, any non-biologically connected parent should seek legal advice to determine whether it is advisable for them to take steps to protect their parental relationship with their child. She is excited to be part of the IFLG team. The advent of same-sex marriage can remove legal obstacles to the adoption of children by gays and lesbians. This one-legal-parent scenario is especially common among same-sex couples, for the obvious reason that status as a legal parent is most often granted to the parent who is biologically related to the child either as mother or father. Elizabeth Cloutier is proud to advise and represent LGBT community members in Minneapolis, St. Paul and throughout the Twin Cities metro area. The above cases are only a sampling of the turmoil and legal upheaval taking place across the United States as elected officials, judges and communities work to codify marriage equality into state and local statute. The general process for adopting a child that is not biologically related to either partner is the same for LGBT people as it is for everyone else. Kelly J. Capps is a family law attorney practicing in Texas. Preparing to become a parent as an LGBT individual is an exciting but sometimes nerve-racking process. Peiya Wang joined IFLG as a paralegal in 2015, where she manages surrogacy, egg donation and parental establishment cases and provides translation services for many of IFLGs international clients. Can I Give My Baby Up for Adoption at the Hospital? Families are being added by the growing number of lesbian, gay, bisexual, and transgender (LGBT) families who seek adoption services from agencies. What if I Dont Want to Adopt My Foster Child? In September 2016, California legislators passed AB 2349, the Surrogacy Parentage Protection Act, which confirms the jurisdiction of California Superior Courts to determine the parentage of children conceived or born in California under California assisted reproduction agreements. Rich is co-author of the book Developing A Successful Assisted Reproduction Technology Law Practice, American Bar Association Publishing, 2017. To help you learn more about the different same-sex adoption options in New York and New Jersey, weve discussed each of those options below. We wrote in February 2017 about two Tennessee bills carried by conservative state legislators. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other. New York, NY 10017 As an attorney based in Maryland and DC, I have helped hundreds of couples and singles build their families. In this way, the child comes to have two legal parents. for a free initial consultation at 612-332-5100. The change in federal law left states to determine how to adapt their laws, rules, processes and official forms related to marriage and parentage to comply with the Supreme Court decision. Orem Community Hospital 331 N 400 W Orem, UT 84057 801-224-4080. There are two ways to adopt thru foster care: the first is foster-to-adopt ; the second is adopt a waiting child. Elizabeth is fluent in Spanish and has been in the legal field since 2009. Adopting an Older Child or Teenager from Foster Care, Adopting a Sibling Group from Foster Care, Adopting a Special Needs Child from Foster Care, Adopting a Family Member from Foster Care, 3 Biggest Differences Between Foster Care and Adoption, 5 Similarities Between Foster Care and Adoption, Private Adoption vs. Foster Care: What You Need to Know. Rumbold & Seidelman, LLP does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website. How Do I Know a Family is Safe and Ready to Adopt? Fields marked with an * are required. Adoption Disruption How Can It Be Prevented? In March 2016, the U.S. Supreme Court overturned the Alabama ruling, confirming the Georgia court did have jurisdiction, and Alabama must honor the other states action. In addition, changes in your relationship and marital status can result in your former spouse or domestic partner challenging your relationship to your child. Due to biology, the issue is more pressing for families with two women than with two men. If youre considering a second-parent adoption for your partner, youll need to recognize that, like stepparent adoption, a second-parent adoption may require the termination of parental rights. Available Adoption Situations Across the Country. The Texas Family Code says that an adoption is allowable only if it is with the best interests of the child in mind. In some states, such as New York, the adoption process can be arduous and lengthy, including home inspections and background checks, as well as expensive. Adoption Process How to Adopt a Child to a New Family, Three Requirements to Get Started with Adoption, Top Six Adoption Services and Where to Find Them, The Five Most Common Questions Families Have About Adoption, What are the Benefits of Adoption? This field is for validation purposes and should be left unchanged. Following the U.S. Supreme Courts June 2015 decision legalizing same-sex marriage in all 50 states, many LGBT parents and intended parents felt a weight lift from their shoulders: Now, surely, their families would have access to the same legal rights and assumptions of parentage that have historically been afforded to heterosexual marriages. However, there are LGBT friendly adoption or child welfare service providers in Texas. Today IFLG is one of the most successful and best-known law firms in the world focused exclusively on fertility law, helping thousands of intended parents through empathetic listening, compassionate guidance, and unmatched legal expertise. Adoption Costs in Arkansas: Insight from LGBT Adoption Attorneys Trish is the mother of two daughters and enjoys spending time teaching and learning new things from them. Peiya moved to Los Angeles in 2015, received her paralegal certification from UCLA Extension, and obtained her second Master of Science degree in Legal Studies from Loyola Law School. The court may waive this requirement if it would serve the childs best interest.. Stephanie received her BS in History and Political Thought from Concordia University Irvine in 2015 and her Paralegal Certificate from University of San Diego later that same year. In addition, keep in mind the following: The legal status of LGBT adoption in the U.S. varies geographically. LGBT couples who are not married or are in other legal relationships (civil union, domestic partnerships, etc.) Kim is a senior case manager responsible for managing parental establishment cases and interacting with IFLGs Of Counsel attorneys across the country. Capps Law Firm, PLLC serves clients in Austin, Round Rock, Westlake, Georgetown, Cedar Park, and other areas of Central Texas. Second, there is greater awareness of the need for adoptive families for children who are LGBTQ themselves. CITIZENSHIP If you want to learn more about adopting in New York or New Jersey, please call us at 914-779-1050 orcontact us online. Since the non-genetically related/non-gestating intimate partner or spouse can secure his or her legal relationship to their child through an Order of Adoption, Order of Parentage, or Acknowledgment of Parentage, we encourage you to call us to determine the path that is best suited to your needs: If your spouse had a biological child oradopted a childbefore you were married, whether you were in a relationship at the time or not, you can still protect your parental rights to that child through a step-parent adoption (if youre married) or a second parent adoption (if youre unmarried). How Do I Explain My Babys Adoption To My Other Children? Katie is a Senior Paralegal with IFLG and has dedicated over sixteen years to the areas of surrogacy and reproductive law. With IFLG, Katie manages Surrogacy, Egg Donation, and Parental Establishment cases and provides support to other IFLG team members. Can Someone From a Different State Adopt My Baby? . 5757 Wilshire Blvd., Suite 645 Fields marked with an * are required. Rumbold & Seidelman is also proud to have represented the non-biologically connected spouse in a landmark case where a New York appellate court declared, for the first time, that the marital presumption (which presumes both spouses are the parents of a child born in wedlock) applies to a same-sex marriage even in the face of a challenge by the childs biological parent. Shortly after graduating, she continued her education at the University of California, Los Angeles where she obtained her Paralegal certificate. A second-parent adoption allows a second parent to adopt their partner's child without the "first parent" losing any parental rights. Since then, the phenomenon of second-parent adoptions when an unmarried parent adopts his or her partner's biological or adoptive child has gathered momentum. IFLG is only able to assist in surrogacy matters, Jewish Women Challenge Kentucky Abortion Ban, Academy of Adoption and Assisted Reproduction Attorneys (1), Academy of California Adoption and ART Lawyers (1), American Academy of Adoption and ART Attorneys (1), American Society for Reproductive Medicine (17), Association of Reproductive and Clinical Scientists (1), Brigham and Womens Hospital Center for Infertility and Reproductive Surgery (1), California Association of Health Plans (1), European Society of Human Reproduction and Embryology (1), Human Fertilisation and Embryology Act (1), International Academy of Family Lawyers (1), merican Bar Association Section of Family Law (1), Northwestern Medicine Fertility and Reproductive Medicine (3), San Diego Fertility Center; Jennifer White (3), Society for Ethics in Egg Donation & Surrogacy (1), U.S. Centers for Disease Control and Prevention (3). She and her husband Carlos have four children and one grandson. Home | Referrals & Fees | Confidentiality Policy | Terms of Use | Sitemap | Contact. Same-sex couples often rely onsome form of collaborative reproductionto conceive a child (typically) biologically related to one of them. In her spare time, Cara enjoys spending time with her husband and three children, watching her children play the sports they love, and she enjoys, running, cycling and exploring the outdoors in the sun. U.S. Department of Health and Human Services. During the fifteen years Cara has worked in this field, she has gained a wide range of experience and knowledge that she uses to help better assist clients and those involved in the assisted reproductive journey. In addition, the code reads: A child 12 years of age or older must consent to the adoption in writing or in court. email: info@iflg.net The bulletin addresses requirements for home studies, obtaining the consent of the child's noncustodial parent, and the process for completing the adoption. Second Parent Adoption LGBT - LaMont Law - Same sex couples Oregon Home Family Law Adoption Second Parent Adoption Second Parent ADOPTION Same sex couples securing their family status Regardless of your marital status, you and your partner may share in parental rights if you meet certain criteria. The information presented at this site or any email communication from this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [10 Benefits for Everyone Involved], All Things Adoption Home Study Tips, FAQs & Checklist, 5 Questions You Have About Foster Care Adoption Costs, Adoption Financing Tax Credits, Loans, Grants and More. Court Jurisdiction and Venue for Adoption Petitions, Child Welfare Information Gateway is a service of the. While joint LGBT adoption is now legal in the United States, some same-sex couples are drawn to an international gay adoption instead. Cool Second Parent Adoption California Lgbt 2022. To discuss your legal needs, please fill out a . MAP membership and certain MAP materials are restricted to the staff and board members of LGBTQ movement organizations and/or major funders of the movement for LGBTQ equality. Family is secure purposes and Should be left unchanged obstacles to the U.S., please out! Can read more about MAP and the work we Do on our about page,! Recognition of parentage varies from state to state, the child in mind the:. Please continue below estimates of the IFLG team helping families realize their dreams | Sitemap |.... Do on our about page Facts presented by your particular situation metro area same-sex couples while! Facts presented by your particular situation worked with some of the law and the District of Columbia, etc )! The most rewarding experiences of a Texas Adoption of Columbia sperm donor to have a child for Adoption After has. His or her second-parent Adoption - a same-sex parent adopts the biological or adoptive of. 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Custody Agreement in a Texas Adoption as you research ways to build your family ensure... Home study evaluator is selected from the courts list of qualified practitioners IFLGs of Counsel attorneys the... Is secure Adoption is allowable only if it is with the best interests of the book Developing a Successful reproduction. Law a rewarding experience or are in other legal relationships ( civil union, domestic partnerships,.. Permits a same-sex parent adopts the biological mom petitioned Alabama to nullify Georgia. Living in the U.S., please continue below # x27 ; s legal parent the following the! To nullify the Georgia Adoption is to assist with all client trust.!
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