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Warning: Chinese Adoptees May Be Victims of Government Seizure … Because Their Birth Parents Violated Restrictions on Reproduction and Can’t Afford the Overpopulation Fine

Janet Langjahr — Mon, 19 Sep 2011 00:29:10 +0000

According to an article that appeared in the New York Times last month, certain Chinese provincial governments seize babies from their parents, who cannot afford their fines for violating restrictions on reproduction, and then they sell the seized babies on the black market, into adoption.

For American parents of adopted Chinese babies, such reports are a disturbing revelation. Fueling nagging questions about their children’s origins, and the circumstances leading to their adoption.

But the subject is largely taboo among adoptive parent communities, who have ample reason to fear that questions will only slam the door to adoption in the questioners’ faces.

Some sixty four thousand Chinese babies were adopted in the US from 1999 through 2010.

And, unlike several other countries, China has long been perceived as the most ethical adoption system, which is a source of adoptable babies, that can be found overseas.

International Surrogacy Scheme Shut Down By Socialite Looking to Adopt

Janet Langjahr — Sat, 10 Sep 2011 05:51:52 +0000

Desperate wannabe parents for whom traditional adoption does not work can become easy prey for people looking to take advantage of them.

Recently, one of them, a wealthy Socialite, shelled out $180,000 for a baby carried to term by a surrogate mother in the Ukraine.

Only to discover that her baby and many similar “designer babies” are full siblings.

The Socialite worked with the FBI to catch the people behind these illicit surrogate contracts, including an attorney.

Read more in this New York Post article: Black-market babies may have had same mom and dad and this New York Post article: How socialite brought down black-market baby brokers

Stepparent Adoptions: May Same Sex Couples Use Them?

Janet Langjahr — Sun, 28 Nov 2010 04:29:35 +0000

Stepparent adoptions are simplified, streamlined adoption procedures by which the new spouse of a biological parent may relatively easily adopt their new spouse’s child.

The plain language of stepparent adoption statutes contemplates a legal marriage between a child’s existing parent and their new spouse.

In Missouri, as in Florida, homosexual couples may not legally marry.

But may they adopt using stepparent adoption?

Well, in Missouri, two or more judges have permitted just that.

It’s not clear precisely how many judges, in which counties, are approving stepparent adoptions by gay couples.

But one Missouri judge called another Missouri judge a “knucklehead” for doing so.

While blanket prohibitions of adoption by homosexual couples are being struck down in some states, such as Florida and Arkansas, lately, that, in itself, does not legalize the use of stepparent adoptions by gay couples.

Florida Intermediate Appellate Court Strikes Down Law Banning Gay Adoption as Unconstitutional Violation of Equal Protection of Law

Janet Langjahr — Wed, 29 Sep 2010 03:22:08 +0000

Thirty years ago, Florida outlawed adoption of children by gay couples. And that’s been the law here ever since.

However inconsistent though, gay couples have been allowed to serve as foster parents for foster children.

Setting up the situation where children live for extended periods with gay parents, with neither the parents nor the children permitted to harbor hopes of becoming legally related to each other through adoption.

And so it is for a gay man who has been caring for two foster children as his own for the past five years, since the younger child was only four months old. He refuses to accept that outcome.

At trial, the court found there was no credible evidence that children raised by gay parents did any less well than children raised by heterosexual parents.

Florida is the last remaining state to prohibit all adoptions by any gay people. And that is the basis of an appeal that was just decided.

An intermediate appellate court has struck down Florida’s law as violating constitutional guarantees of equal protection of the law.

An appeal to Florida’s highest court is anticipated.

In the meantime, the state will no longer enforce the statutory prohibition of adoption by gay parents.

One thing is clear. For the many children in foster care in Florida, the pool of prospective parents who just may adopt them has suddenly grown a lot larger.

Adoption Tax Credit Modified to Better Impact Lower Income Families Adopting Children in Foster Care

Janet Langjahr — Thu, 29 Apr 2010 02:29:41 +0000

For more than a decade, there has been a tax credit for expenses of adoption.

In theory, the idea behind the tax credit was to encourage adoption of children out of foster care.

But, in reality, eighty percent of the credits went to those adopting privately.

The re-worked adoption tax credit now affords a tax refund to the many adopting families who don’t earn enough income or otherwise have enough tax liability to get the full benefit of the tax credit (approximately $13,000).

Although foster care adoption itself costs less than private adoptions, many of the adoptees have special needs that may cost their adoptive families more over time.

Child welfare agency workers now need to get the word out about the revamped adoption tax credit.

Biological Parents Arrested for Kidnapping Their Biological Son, Who Was Legally Adopted by Another Couple

Janet Langjahr — Sat, 24 Apr 2010 03:01:28 +0000

Early teen Son was legally adopted in California when he was three years old, after his biological parents lost custody of him. They reportedly have a history of narcotics-related convictions.

Recently, Son comes into contact with his biological parents.

Son goes missing.

Son is found.

Son’s biological parents are arrested on kidnapping charges.

The unusual case where two biological parents may properly be charged with kidnapping their own biological offspring.

The Undo Option for Adoptions? Adoptive Parent Sends Adopted Child, Alone on a Plane, Back to Russian Homeland

Janet Langjahr — Tue, 20 Apr 2010 03:47:01 +0000

Tennessee Mother adopts little Boy from Russia.

Boy is allegedly aggressive and psychopathic and doesn’t bond with Mother and family.

Mother claims severity of Boy’s problems was not disclosed to her by Russians, a common complaint in adoptions out of orphanages and foster care.

Mother puts seven year old Boy, alone, on a plane bound back for Russia.

Russian authorities, not happy, freeze adoptions to US and urge more federal oversight of post-adoption family adjustment.

Americans have adopted some 50,000 children from Russia over the last twenty years. Only a handful have earned the attention of Russian authorities after the children arrived in ths US.

Two Distant Couples Connected By Contract, Two Children Born of Frozen Embryos and Two Still Frozen Embryos, Now Vie for Possession of the Remaining Frozen Embryos

Janet Langjahr — Sat, 17 Apr 2010 15:06:55 +0000

California couple contracts to give four frozen embryos to a Missouri couple.

Missouri couple uses two of the frozen embryos to give birth to twin daughters early this year.

The two remaining frozen embryos are in the possession of a California fertility clinic.

In a lawsuit, the California couple now seeks return of the as yet unused two frozen embryos.

They assert that the Missouri couple is required by their contract to return the unused embryos and that the California couple is disturbed by the Missouri couple’s alleged breach of contract and recent behavior regarding the twins.

In a lawsuit of their own, the Missouri couple assert their own interest in the frozen embryos as their unborn adopted “children” and the frozen embryos’ kinship interest in their Missouri siblings.

The unusual contract between the couples reportedly provides for the Missouri offspring to have ongoing open contact with their genetic siblings, the California offspring. It also provides for the Missouri couple to furnish the California couple with ongoing reports about how the Missouri offspring are doing.

Smacking of more conventional open adoption.

Under the contract, the Missouri couple is to pay for storage of the frozen embryos for a year, after which the California couple reportedly may have them back.

The California couple requested return of the as yet unused embryos to donate to another couple.

Now the reversion provision of the contract is being challenged by the Missouri couple, and the clinic is caught in the middle of the dispute between the two couples.

Raising complex questions somewhere betwixt property ownership and child custody.

Which the parties now hope to resolve via mediation next month. Both lawsuits are stayed until the mediation.

American Missionaries Under Arrest for Reportedly Trying to Rescue Haitian Earthquake Orphans

Janet Langjahr — Wed, 10 Feb 2010 00:20:19 +0000

American missionaries travel to Haiti to rescue thirty-three earthquake orphans by taking them, temporarily, to an orphanage in the Dominican Republic, and then back to families in the US prepared to take the children in.

According to their lawyer, the missionaries are said to be in possession of paperwork backing up their authorization to remove the children from Haiti. But it is unclear whether the authorization is proper, or whether the children had passports.

It turns out that twenty of the children may not actually be orphans and may have one or more living parents. And their parents allegedly claim that the missionaries were only supposed to educate the children in the Dominican Republic, not take them to the US.

Now the missionaries are detained, under arrest in Haiti, for kidnapping the children into the Dominican Republic and for criminal conspiracy.

Rumor suggests that the missionaries’ leader may have misled others in their group about their humanitarian mission and/or legal procedure. The leader is under investigation in the US in connection with other possible crimes. But she reportedly maintains that the children’s parents wanted to give their children a better life.

It does not appear that most of the missionaries were aware that it would be illegal to remove the childen from Haiti without proper legal authorization.

The Haitian court has three months to rule on this case. Kidnapping is punishable in Haiti by up to fifteen years’ imprisonment.

Non-Profit Finds Extended Family Members to Adopt Teenagers in Foster Care

Janet Langjahr — Mon, 01 Feb 2010 00:01:48 +0000

Teens in foster care are not that adoptable. So they tend to remain in foster care. Permanently.

Yet these teenagers may have extended family who might be willing to take them in and adopt them. If they only knew of their circumstances. Or existence.

That’s the premise that gave birth to the non-profit, Foster and Adoptive Care Coalition. Among other things, the non-profit’s investigators search for such extended family members of teens in foster care.

Where teens do have suitable relatives, the odds that these relatives will adopt them are significantly greater than the odds of their adoption by unrelated strangers looking to adopt.

In fact, the organization is able to get ninety percent of teens in foster care connected with their extended family members.

And seventy percent of the children with relatives end up being adopted, generally by their own extended family members.

In St. Louis, there are often 400 teens and preteens in foster care. Extended family member adoptions can make a big dent in that number … and a big difference in these foster children’s lives.

Surrogacy Contracts with Surrogate Mothers: Years Later, Still Largely Up in the Air

Janet Langjahr — Wed, 16 Dec 2009 03:05:06 +0000

Years after the capability came into being, having a child through a surrogate mother who carries the baby to term is still fraught with legal perils.

And the circumstances surrounding each baby are different.

Sometimes the surrogate mother is “merely” the carrier or vessel for a couple’s own biological child. (Mother can’t physically carry the child.)

Sometimes the surrogate mother is the carrier for the biological child of one member of the couple and a third party. (One of the couple is infertile.)

Sometimes the surrogate mother is the carrier for the biological child of neither member of the couple. (Both of the couple are infertile or gay parents.)

And the applicable law of a particular state may view each of these scenarios differently.

A surrogacy arrangement may involve the following players:

intended legal parent
intended legal co-parent
egg donor
sperm donor
fertility clinic
surrogate mother

That’s a lot of folks to coordinate and work with.

The most common legal breakdown in the process is that the surrogate mother decides she wants to keep “her” child, for any reason or for no reason.

All told, there are about seven hundred fifty babies born this way each year. That’s about half the number that couples try to arrange.

This “cottage industry” is something of a free-for-all, at least unless and until a court becomes involved.

For the most part, fertility doctors call all the shots.

Some states require the intended parents to go through a home study and legal adoption of the baby. Some also require some type of psychological screening of the intended legal parents.

Some other states are satisfied by the surrogacy contracts alone.

Still other states don’t recognize or enforce surrogacy contracts at all.

Some only recognize surrogacy where at least one intended legal parent is biologically related to the baby.

The incredible upshot is that, at times, babies who have two sets of “parents” who want them end up in foster care while the courts try to sort things out.

A model act has been proposed by the American Bar Association to address the issues in a consistent way.

Gay Parents Can Foster Kids … But They Can’t Adopt Them … in Florida

Janet Langjahr — Fri, 11 Dec 2009 04:38:51 +0000

Florida reportedly has the distinction of having enacted this country’s strictest state prohibition on adoption by gay prospective parents.

But gay people are permitted to serve as foster parents (and collect state funds for same).

Even for years.

One gay foster father (Foster Dad) took in a baby boy and his four year old brother (Boys) five years ago.

It is undisputed that both Boys have thrived in Foster Dad’s care. Even the Department of Children and Families concedes that Foster Dad is a great parent.

Foster Dad wants to adopt the Boys.

But he was blocked by Florida’s ban on gay adoption.

So Foster Dad challenged the ban in court – and won at trial. Because there is no evidence of inferior parenting by gay parents and because the statute denies children in foster care permanency.

Now, the case is crawling its way up the state’s appeals ladder.

And all the while the Boys are denied permanency…

Introduction to the Adoption Process

Janet Langjahr — Sat, 18 Jul 2009 03:26:58 +0000

Adoption can be a complex legal process and a costly social process.

It can also be the answer to a couple’s prayers.

There are several types of adoptions:

domestic private, through an agency or direct
domestic foster care
international private
foreign or domestic special needs

Eachy type of adoption typically imposes different costs and expense, offers different potential tax benefits and other government support and follows a somewhat different process.

Intermediate Appeals Court in Florida Recognizes Washington State Adoption by Gay Couple and Parental Rights Flowing from It

Janet Langjahr — Tue, 26 May 2009 03:56:33 +0000

Florida does not allow adoptions by a homosexual couple.

Washington state does.

A lesbian couple living in Washington state each give birth to a child.

And each partner adopts the other’s biological child as permitted under Washington law.

Lesbian couple relocates to Florida.

And eventually breaks up.

At first, they agree to share legal and physical custody of both children, so that the children can spend most of their time together.

The next year, however, one of the couple “goes straight” and becomes engaged to marry a man.

Who wants to adopt his fiance’s biological child.

At that point, when the child is about 9 years old, her mother denies any timesharing to her former partner.

The frustrated partner brings suit to determine parental responsibility and timesharing.

At trial, the court denies the frustrated partner any parental responsibility or timesharing with the denying partner’s biological child.

On appeal to an intermediate level appellate court, that ruling is reversed.

The Florida appellate court holds that Florida has to give full faith and credit to the Washington state adoption and the rights and obligations flowing from it.

Without regard to Florida’s law and policy against gay adoption.

The birth mother intends to appeal to the Florida Supreme Court.

Adoptive Mothers Wish the Birth Mothers of Their Children Happy Mother’s Day

Janet Langjahr — Mon, 11 May 2009 04:42:27 +0000

Today, mothers celebrate Mother’s Day with their children.

A foster mother and adoptive mother is among them.

While she is celebrating Mother’s Day, she also celebrates the selflessness of the birth mothers of her adopted children.

And she wishes those birth mothers a Happy Mother’s Day as well.

In Many States, Adoption Isn’t Just for Kids …

Janet Langjahr — Thu, 30 Apr 2009 03:46:58 +0000

Father has custody of Daughter.

Father marries Stepmother.

Stepmother is only mother Daughter has known since she was three or younger.

Daughter is now 32.

Stepmother recently became ill.

Daughter decides to formalize what she feels.

Stepmother adopts Daughter.

Stepmother becomes Mother.

More than half of the states in the US permit an adult to be adopted.

Stepparent adoptions, in particular, are fairly common.

When the prospective stepchild adoptee is a minor, however, the consent of the other biological parent is typically required.

So, many such adoptions are deferred until the child becomes a legal adult, at which time consent of the other biological parent is no longer required.

Adoptive Mother Arrested for Allegedly Gradually Beating Child to Death

Janet Langjahr — Wed, 29 Apr 2009 03:29:31 +0000

A 2 year old central Florida Child was slowly beaten to death … allegedly by her adoptive Mother.

The Department of Children and Families (DCF) believes that Mother must have been mentally ill, although never diagnosed.

Mother was arrested on first degree murder and child abuse and neglect.

DCF’s investigation into the Child’s death revealed that her maternal grandmother was aware of Mother’s sometimes abusive behavior toward Child but did nothing.

DCF concluded that Mother and her husband were a threat to any child in their custody.

Mother and her husband have five other adopted children under the age of eight.

The other children were placed in foster care.

So much for the preadoption home study …

Illegal Immigrants At Risk of Termination of Parental Rights

Janet Langjahr — Fri, 24 Apr 2009 03:38:11 +0000

Numerous illegal immigrants work in a food processing company in Missouri.

Immigration authorities conduct a raid there.

136 illegal immigrants are taken into custody.

One Mother is sentenced to jail, with deportation likely to follow.

American couple seeks to adopt Mother’s Baby.

Missouri Court terminates Mother’s parental rights to Baby based on abandonment of Baby.

The Court finds that Mother hasn’t contributed to the Baby’s support or tried to visit with Baby … while in jail.

Although Mother may have received two letters from the Court and the adoptive parents’ attorney, Mother doesn’t read English and does not have an attorney for her custody claim.

Mother has not known where Baby is.

Every time Mother has gone to Court, Mother has tried to find out about Baby.

Terminations of parental rights of mothers like Mother are occurring with increasing frequency, with babies like Baby being adopted by Americans.

Birth Mother Loses Parental Rights and Seeks Visitation with Children She Kidnapped .. After Giving Them Up for Adoption

Janet Langjahr — Thu, 09 Apr 2009 04:07:18 +0000

Florida birth Mother gives her twin babies (Twins) up for adoption.

Mother maintains she signed adoption papers under duress resulting from sleep deprivation.

Twins are adopted by North Carolina couple.

Adoption is open, according to contract, with Mother being involved with the Twins after the adoption.

Then Mother allegedly takes off to Canada with the Twins.

Mother is charged with kidnapping the Twins.

Mother’s parental rights to Twins are terminated.

Now Mother is seeking visitation with the Twins from a North Carolina court.

The trial court ruling apparently turned quickly on the fact that Mother’s parental rights had been terminated.

Mother is pressing to have a full hearing despite that.

Mother characterizes the case as a custody dispute.

The adoptive North Carolina couple characterize it as a contract dispute.

The North Carolina appellate court has yet to rule.

Mother Who Gave Up Her Parental Rights Due to Looming, Extended Imprisonment Seeks Restoration of Custody of Daughter Who Was Allegedly Abused by Her Adoptive Parent

Janet Langjahr — Fri, 13 Mar 2009 03:58:57 +0000

Mother is sentenced to ten year prison term for robbery conviction.

Mother, believing she has no other option, reluctantly relinquishes her parental rights to her 4 year old Daughter.

Woman adopts Daughter. Woman allegedly abuses Daughter. More than once.

Now, Woman faces multiple charges of child neglect, aggravated kidnapping and assault.

The child welfare agency (DCS) has taken Daughter into protective custody and is seeking a permanent placement for Daughter.

And Mother, since released from prison, would like to get custody of Daughter restored to her.

DSC indicates that it will consider Mother’s request as well as Daughter’s wishes.

It is unclear whether Mother stands in any better position as any other applicant for custody.

Grandparents Lose Baby to Foster Care for Giving Baby Pacifier … Over Her Mother’s Protest

Janet Langjahr — Sat, 27 Dec 2008 18:57:49 +0000

Washington State teen Mother and Baby live with Baby’s Grandparents.

Grandparents care for Baby.

Then Mother moves out with Baby.

Baby loses significant weight, and doctor reports neglect to Child Protective Services.

Baby is placed with Grandparents.

Baby improves.

Then Mother and Baby are placed in “transitional housing”.

Mother gets evicted.

Grandparents complain to child welfare and their senator over the handling of the case.

Now Baby gets placed in foster care, instead of back with Grandparents.

Apparently child welfare agents changed their collective minds about Grandparents.

Their documentation finds fault with Grandparents undermining Mother’s parenting – by giving Baby a pacifier over Mother’s protests.

There are many unfavorable conclusions disproved by child welfare’s own documentation.

Under Washington State law, relatives are favored for placement over foster care.

Agency officials report that child welfare professionals don’t always follow the law.

Grandparents are even denied visitation for extended time based upon an alleged court order that doesn’t exist.

Now child welfare is pushing for the Baby to be adopted by her foster mother.

But the case will be back before a judge before long.

AR: Biological Father Who Failed to File Marriage Certificate After Wedding, Ignored Paternity Action Against Him and Didn’t Pay Child Support Has No Standing to Challenge Child’s Adoption by Mother’s Next Husband Even Though Mother Never Divorced Father

Janet Langjahr — Mon, 22 Dec 2008 05:01:26 +0000

Arkansas man (Father) and woman (Mother) obtain marriage license and have a church wedding. For whatever the reason, the minister doesn’t sign the license and it is not filed with the county.

Mother and Father have Baby. Mother and Father break up eight years after wedding.

Mother files action to establish paternity of Baby.

Father ignores paternity case. Court rules that Father is the father of Baby and orders visitation and child support.

A few months later, the Mother marries another man, without obtaining a divorce from the Father of Baby.

Mother and her new Husband pursue stepparent adoption of Baby by Husband.

Father challenges adoption.

The trial court denies Father’s challenge, concluding that Father and Mother were never legally married because the marriage license was not filed and that Father had abandoned Baby by not paying support.

The intermediate appellate court reversed the adoption, finding that Father and Mother had been legally married, despite the licensing deficiency.

The Arkansas Supreme Court held that the default trial court judgment ruling that Mother and Father had never been married was binding, as well as the ruling determining that Father is the Father of Baby. The stepparent adoption was upheld.

Other states have come out differently on this issue.

Even in Paradise, Sometimes It Falls to Grandparents to Raise Grandchildren

Janet Langjahr — Wed, 10 Dec 2008 01:17:12 +0000

A 70 year old Hawaiian Grandmother is raising her teenaged and preteenaged adopted grandson, and her grandniece and grandnephews, of whom she is legal guardian. Because their parents are unable to do the job.

Making matters worse, this Grandmother recently suffered a stroke that left her dependent on a wheelchair to get around.

She manages to care for the kids, with her 18 year old grandson’s help.

But she worries about child protective services removing the children if she can’t take care of them.

She gets by with public assistance, but would welcome additional assistance, especially for a larger vehicle to accommodate her wheelchair.

Legal Aid of Hawaii offers grandparent seminars on child protective services, adoption and guardianship, complete with free resource kits.

Embryo “Adoption”

Janet Langjahr — Thu, 27 Nov 2008 19:59:58 +0000

Couples who go through in vitro fertilization typically have unused embryos left after achieving a successful pregnancy.

Unused embryos may be frozen, destroyed, donated for research or … “put up for adoption”.

Meaning, they can be donated to other couples who are infertile, thawed out and implanted in a would-be mother’s womb.

Purists are quick to point out that it is not truly “adoption”, because the embryos are not the same as a living, breathing baby.

But they do offer another option for infertile couples who want to have a child.

Idaho Biological Father Loses Parental Rights Because of Failure to Register with Putative Father Registry Before Child Was Adopted

Janet Langjahr — Tue, 18 Nov 2008 02:02:23 +0000

Idaho Father and Mother get pregnant. Father and Mother get engaged.

Six months into the pregnancy, Mother calls the engagement off, breaks up with Father and cuts Father out of her life completely.

Father claims to contact state department of health and welfare to find out how to protect his rights to his child. They supposedly tell him he must wait until baby is born.

Next thing Father knows, he hears Mother’s baby has been adopted. Without a word to him.

Father took his case all the way to the Idaho Supreme Court. But he lost.

Because he didn’t timely register with Idaho’s Putative Father Registry. Because he says he didn’t know about it.

A number of states, including Florida, now have a putative father registry scheme and a requirement to timely register with it to assert parental rights and block any adoption.

Despite Father’s wishes, Mother says it was best for the baby to put it up for adoption.

The Dave Thomas Foundation for Adoption Celebrates Adopting Foster Children on National Adoption Day – Today – and Every Day

Janet Langjahr — Sun, 16 Nov 2008 01:27:19 +0000

Today is National Adoption Day. In fact, the entire month of November is National Adoption Month.

As part of his legacy, an adoptee’s foundation offers a Foster Care Adoption Awareness Toolkit to agencies, civic and religous groups, corporations, teachers and others.

The kit promotes adoption of children in foster care and publicizes the need for adoptive families for well over 100,000 abandoned, abused or neglected children. The kit also addresses myths about adopting kids out of foster care.

The adoptee behind the Foundation is the late Dave Thomas, the founder of Wendy’s restaurants. And the Dave Thomas Foundation for Adoption is the only foundation dedicated exclusively to foster care adoption.

Man Convicted of Strangling His Ex Girlfriend in Front of Their Baby Boy … Before Completing Probation for His Previous Assault On Her

Janet Langjahr — Thu, 06 Nov 2008 01:49:12 +0000

A 22 year old Minnesota man has been convicted of strangling his 19 year old ex-girlfriend … in front of their 2 year old son.

For his murder weapon, the man constructed a noose from shoelaces – and allegedly killed her because the young woman was a half an hour late picking him up for a shopping excursion.

After she was dead, he set fire to her body in her car.

At the time of the murder, the man was in the process of finishing out his probation for a previous assault on the young woman.

Under the terms of his probation, he was required to attend anger management … and avoid contact with the young woman.

It is unclear whether he attended the anger management …

The man now faces multiple life sentences.

The couple’s baby boy is now staying with his mother’s mother and her husband. The boy’s maternal grandparents are pursuing custody of the child and hope to adopt him.

The poor toddler sees a psychologist for night terrors.

Mother’s Parental Rights At Risk of Termination for Abusing and Abandoning Adopted Child

Janet Langjahr — Mon, 27 Oct 2008 00:01:45 +0000

A Michigan mother, hearing of Nebraska’s liberally drafted “safe haven law”, allegedly traveled there to abandon her 13 year old adopted son, with impunity.

The mother reportedly abused the boy the entire time the couple had custody of him. Both parents defended that they never wanted the boy, but had to take him in order to adopt another child that they did want.

The adoptive parents tried to return the boy to his biological parents and to previous foster parents on several occasions.

The County is pursuing terminating the adoptive parents’ parental rights to all of their children.

The adoptive parents’ other children, both adopted and biological, have temporarily been placed in child protective custody as well.

The County previously brought a similar termination of parental rights petition, based on child neglect, against the couple, but they dropped it.

Child Welfare Agency Swoops Into Hospital Nursery to Snatch Newborn Baby Girl from Private Adoption … and Place Her Into Foster Home Instead

Janet Langjahr — Sun, 19 Oct 2008 18:32:52 +0000

A California Mother is known to the local child welfare agency as a drug user. Mother has had other children taken into protective custody and placed into foster care.

Mother wants to avoid that happening to coming Baby. Mother arranges for this Baby to be adopted through a private adoption.

All is in place. Mother gives birth to Baby at hospital.

And then … local child welfare agency takes newborn Baby into protective custody from the hospital … with a view to placing Baby with a different prospective adoptive mother.

The agency could not care less about the private adoption. It insists that its juvenile dependency case supersedes the private adoption – even though it appears that the dependency case was filed after the private adoption paperwork was completed.

The dependency case is entirely premised on the danger to the Baby if returned to live with the Mother – which was not going to happen.

A court will soon decide who gets the Baby. The child welfare agency has refused to divulge why it removed the Baby before the Baby could be placed into the physical custody of the adoptive parents.

Prrivate adoption attorneys suggests that the local child welfare agency is being punitive toward substance-abusing biological parents like Mother, while their charge is only to protect children. Punishment, where appropriate, should be left to other governmental agencies. If provision is made for the private placement of an otherwise dependent child, a dependency case is a waste of public funds.

The private adoptive parents are angry. And so is the biological Mother, who wanted to insulate this Baby from the foster care system.

Under Nebraska Law, Sex Offender Guaranteed Due Process in Termination of Parental Rights to Offspring From Rape of a Minor

Janet Langjahr — Sun, 19 Oct 2008 04:09:17 +0000

Nebraska Father repeatedly rapes thirteen year old Girl (daughter of his girlfriend). Girl conceives Child.

Girl gives birth to Child. Girl voluntarily gives Child up to foster care, intending for him to be adopted.

Foster family seeks to adopt Child. But first, Father’s parental rights must be terminated.

At the termination hearing, it comes out that the state has failed to provide proper notice to the Father and otherwise to protect Father’s rights to due process.

Nebraska law draws no distinction between a father who becomes a father as a result of sexually assaulting a minor, and any other father. They are all the same and the process for terminating their parental rights is the same for all of them.

The termination process was re-started from scratch, this time, with the Father’s rights being fully respected and protected. Following the full procedures comes at the additional expense of six to eight months in the adoptive family’s and Child’s lives and thousands of dollars to taxpayers.

But it should stick, in spite of possible appeals by Father.

The foster family-turned-adoptive family are determined to do what they can to change the laws in Nebraska to streamline termination of the parental rights of a sex offender.

In this case, the Father’s parental rights were terminated as much as anything because he refused to participate in a sexual offender treatment program in jail.

Had he sat through a treatment program then, his parental rights might not have been terminated – and he might eventually have gotten custody of Child.

Nebraska is not unique among the states in this respect.

India: Who Gets Baby Carried By Surrogate After Biological Parents Divorce?

Janet Langjahr — Sat, 16 Aug 2008 04:25:31 +0000

India has a small but thriving industry. Surrogate mothering.

For poor, uneducated Indian women, being a surrogate is a way to earn the equivalent of $4 or $5,000.

And then the biological parents adopt the child.

But sometimes, things go wrong.

For example, a Japanese couple hired an Indian surrogate mother to carry their baby to term.

But before the baby was born, the couple divorced.

Now the biological mother no longer wants the baby. And the surrogate doesn’t want the baby.

The biological father does but, under Indian law, a single father cannot adopt.

So now the eleven (11) day old baby remains in the hospital, under the care of the biological father’s mother.

Awaiting someone who can take legal custody of her.

Japanese Family Law Throwback to Another Era

Janet Langjahr — Sun, 27 Jul 2008 05:02:54 +0000

Japan may be a modern country technologically. But not legally, according to reports.

In approximately 80% of divorce and paternity cases in Japan, the father loses all parental rights, excluding the “right” to pay child support. In the remainder of cases, it is the mother who is stripped of her parental rights.

Visitation? That’s not a concept that is part of Japanese family law.

When parents break up, the “other parent” fades out of their children’s lives. Another family member may even adopt their children without their consent.

How does a parent win custody in Japan?

One alleged way to get a leg up on a custody award in Japan is to abscond with the child, even across international boundaries.

Statistics suggest that some 10,000 children in Japan have no access to their foreign parent.

Japan is a not yet a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.

Although there are rumors that it will adopt the convention in a couple of more years, one has to wonder whether it will really matter.

Japanese family law is in need of a paradigm shift. Without that, change may be a pipe dream.

Japan did sign the Convention of New York, the purpose of which was to assure children access to both parents. It didn’t.

Family law activists in Japan are lobbying for a long overdue overhaul of the Japanese family law.

Adoption within One’s Race: Is it Worth the Wait – in Foster Care?

Janet Langjahr — Wed, 28 May 2008 03:29:21 +0000

It seems that the answer depends on who is answering the question.

A report just released, and endorsed by several associations, concludes that it is worth the extra wait for minority foster children.

The reasons cited were that minority children adopted into white families “face special challenges” and that “white parents need preparation and training for what might lie ahead”.

On the other hand, many child welfare workers say that the federal law that makes the adoption process race-neutral has helped many minority children find permanent homes – and sooner.

It is unknown whether the report addresses whether children in foster care “face special challenges” … particularly when they remain in the child welfare system for prolonged periods of time, even through the age of majority.

Maybe the answer really turns on precisely how much longer minority children will be doing the waiting. At least to the minority children doing the waiting in foster care.

One has to wonder: was the question put to any of them – while they were still children in foster care?

MO: Gastric Bypass Your Way to Child Custody and Adoption

Janet Langjahr — Sun, 20 Jan 2008 05:32:49 +0000

Baby is taken into protective custody by Missouri.

Baby is placed with Biological Cousin and his wife.

They provide a loving home and seek to adopt Baby.

State removes Baby from Biological Cousin and places Baby with unrelated couple.

Generally, children’s welfare agencies prefer to place children with suitable relatives rather than strangers.

Why would the state remove Baby from biologically-related foster parents to strangers?

Well, Biological Cousin alleges that it was because he was obese.

The Court said that he didn’t properly follow state procedures for bringing a child into the state.

It took six months, but Biological Cousin got Baby back – after having gastric bypass surgery …

Long Time Foster Family May Lose Out on Adopting Because Biological Father Decides to Drop Back into Child’s Life – At Least, For the Moment

Janet Langjahr — Wed, 16 Jan 2008 05:50:27 +0000

Florida Baby’s biological mother is incarcerated for trafficking in narcotics and prostitution.

Baby’s biological father left the state when Baby was just three weeks old.

Baby was placed in foster care with a loving family, the only family she has since known.

Baby is now four.

Foster family continues to want to adopt Baby.

But, now, biological father, long absent, returns, out of the blue, to assert his right to take Baby to his new home in California.

It was recommended some time ago that social services terminate the biological father’s parental rights, to free the child up for adoption to her loving foster family.

Only it never happened, let alone in a timely fashion. Had it happened, the courthouse door would most likely have slammed in biological father’s face.

What is particularly sad in this case is that the foster family could have – and undoubtedly would have – asked the Court themselves to terminate the biological father’s parental rights – if they had only known that they had that power and right.

But no one ever told them … until it was too late.

Meanwhile, the biological father is allegedly still battling substance abuse problems of his own, even as the Court appears to be ordering reunification.

But the biological father has rights.

And, according to the family courts, Baby apparently doesn’t.

Despite Rulings Unfavorable to Oregon Foster Parents, Mediation Goes Their Way for Adoption

Janet Langjahr — Mon, 31 Dec 2007 04:50:29 +0000

Four month old baby removed from parents’ home by social services.

Baby placed with foster family.

Biological parents’ parental rights are terminated.

Foster family wants to adopt Baby, who is a dual citizen of the USA and Mexico.

Twenty two months later, Baby’s biological grandmother in Mexico seeks to adopt him.

Trial court holds that Baby should be turned over to biological grandmother in Mexico.

Appellate court agrees.

Case draws national and international media attention.

Oregon’s child welfare services agency took something of a beating in the case, accused of misleading all concerned. Then agency arranges a mediation in Oregon – which lasts for ten hours.

As a result, everyone agrees that Baby should remain with foster parents in Oregon and that foster parents may adopt him.

They also agree that biological grandmother should have visitation and access rights and that Baby should learn to speak and write Spanish fluently.

Last, but not least, agency agrees to pay the Baby’s foster parents’ legal fees in the matter.

Adoptive Mother and Author Advocates Adoption of Special Needs Children out of Foster Care

Janet Langjahr — Mon, 12 Nov 2007 14:27:20 +0000

November is National Adoption Month.

In her new book, an author reminds potential adoptive parents that many children, particularly special needs children, are waiting for them … and adoption out of the foster care system into loving homes.

She would know. She is the adoptive parent of a special needs child herself.

Florida Court Asks New York Court to Unseal Adoption Records To Identify Victims in Criminal Abuse Case

Janet Langjahr — Sun, 26 Aug 2007 00:39:52 +0000

Woman adopts eleven children in New York City. Woman later moves to Florida.

Woman raises children – with no education beyond fourth grade, no medical care, without adequate food, without normal social contact, without freedom.

Why?

She adopted the children to collect payments from New York City. Over a million dollars in fact.

All of the children, now aged 15 to 27, suffer from physical and mental disabilities.

The woman, now 62, faces criminal charges of abuse and neglect in Florida.

And the Florida court can now request that the New York courts unseal the normally confidential adoption records.

The records are needed to nail down the identities of the victims, nine of whom are now disabled adults in the care of the state of Florida.

The whereabouts of two others is unknown.

The state just took the woman’s grandchildren from her biological son into protective custody as well.

Appeals Court Refuses to Block Inlaws from Pursuing Termination of Son’s Wife’s Parental Rights and Adoption by Parents of Son Mother Did Time for Killing

Janet Langjahr — Thu, 16 Aug 2007 02:48:52 +0000

Widowed Mother sentenced to jail.

Mother gives temporary custody of her children to late minister-husband’s parents.

Mother’s sentence is almost discharged.

Husband’s parents move to terminate Mother’s parental rights and to adopt the children.

The reason Mother was incarcerated was her conviction for killing her minister-husband.

Now Mother appeals to stop her in-laws’ applications.

Appeals court refuses to hear the Mother’s appeal – at least at this early stage of the proceedings.

Accordingly, termination of parental rights of Mother may proceed, clearing the way for the husband’s parents to adopt the children.

Of course, the Mother may have a basis to bring an appeal later.

FL: Unmarried Bio Dads Must Be Notified to Register Paternity Claims Before Parental Rights Can Be Terminated

Janet Langjahr — Sun, 22 Jul 2007 19:20:06 +0000

In a far-reaching case, the Florida Supreme Court has held that adoption agencies must notify unmarried biological fathers that their children are going to be placed for adoption and how to register in the state’s paternity registry to protect their rights. If the father still fails to register after thirty days, his parental rights may be terminated.

A statute imposing a time limit on biological fathers to assert their rights was intended to facilitate adoptions and give adoptive parents and the baby finality.

But there have nagging questions with regard to how many biological fathers are actually aware of paternity registries, both in Florida and in other states, let alone how to register with them.

In the case before the Court, the biological father promptly filed a paternity case in court, but failed to register with Florida’s paternity registry. The father maintained that he was unaware of the registry.

The Supreme Court sent the case back to the trial court for further fact-finding.

MI Kids Die Due to Budget Cuts Affecting Appeals of Termination of Parental Rights Cases

Janet Langjahr — Sun, 24 Jun 2007 04:06:05 +0000

A Michigan appeals judge is crying out that the state’s budget cuts are causing the state’s child welfare and protection sytem to fail Michigan’s children.

On average, ten Michigan children per year die in foster care.

Adoptions get bogged down, because the prerequisite termination of parental rights can’t be timely finished, because an appeal is still pending.

In recent years, appeals have been moving substantially faster, because of the services of outside contract attorneys.

But no longer. Due to budget cuts.

Before long, the judge fears, appeals will remain open longer.

And more children will die. Due to budget cuts.

TN: Seven Year Old Ordered Returned to Parents Who Gave Her Up As an Infant

Janet Langjahr — Sat, 03 Feb 2007 01:26:18 +0000

Last April, I posted on Biological Parents from Abroad Challenge US Adoption Six Years After Placing Child into Foster Care.

Now the Tennessee Supreme Court has ruled that the now-seven year old girl, having spent nearly all of her seven years with the former family friends who raised her, must return to live with the birth parents who voluntarily placed her with them.

This after a lower court terminated the birth parents’ parental rights, which ruling was previously upheld by an intermediate appellate court.

The birth parents have rights.

However, the unfortunate child impliedly does not.

Can’t Beat ‘Em, Join ‘Em. Can’t Marry Your Partner? Adopt Them Instead.

Janet Langjahr — Thu, 25 Jan 2007 05:44:08 +0000

In the shadow of courts grappling with the concepts of gay civil unions and gay marriage, and rights of gay couples to adopt children, comes a different sort of case out of Maine.

A gay woman formally adopted her partner in a lesbian relationship, with the intention of securing her dependent partner’s rights to inherit from her wealthy family in the event of the wealthy partner’s death.

As a result of the couple’s eventual breakup, complex cases are now pending in two different states – cases which turn upon technicalities, policy arguments and substantive legal grounds.

Some of the Technicalities: The couple actually lived in New York, which explicitly barred adoption between sexual partners, reserving it for parent / child relationships. The adoption in question apparently took place during an extended vacation in Maine, which had no such explicit prohibition. Maine’s jurisdiction is called into question based both on failure to meet the residency requirement and affirmative fraud upon the court.

Some of the Policies: If the elected officials of a state deny inheritance rights to resident gay partners through either marriage or civil unions, should resident gay partners be allowed to circumvent their home state’s social legislative policy by exploiting the less stringent adoption laws of a different, convenient state?

Some of the Substantive Legal Grounds: The creator of the trust that is at the heart of the matter reportedly did not even know about the adoption which transformed the woman that he knew only has his daughter’s gay partner into his legal grandchild – and an heir to his trust. As a matter of estate planning law, should his alleged intentions be thwarted by undisclosed, unforeseeable legal maneuvers by his daughter and her partner?

On the practical side, if the adoption is upheld, Maine might develop a “cottage industry” of hosting gay partner-adoptions for inheritance rights on behalf of homosexuals all over the country.

Of course, none of this would be in issue if gay couples could simply automatically inherit from each other by virtue of marriage or civil union.

This unusual case may turn out to be more significant than it may appear at first blush.

Adopting from China Getting Tougher

Janet Langjahr — Mon, 01 Jan 2007 04:01:19 +0000

China is reportedly implementing new rules making it tougher for Americans and other foreigners to adopt their orphaned children.

Many Americans, some of whom have already adopted Chinese children in the past, are disappointed and angered over the changing policies in China.

But China is within its legal rights and is actually following in the footsteps of other countries with babies available for adoption, such as South Korea.

Some of the would-be parents who may be turned down in the future include:

the extremely obese
singles
people on anti-depressants
people with facial deformities
people over age 50 (unless the children have special needs)
people without high school diplomas and
couples with more than two divorces in their collective past

AR: Parental Rights Should Not Be Terminated Just Because Parent Incarcerated for Substantial Time

Janet Langjahr — Sun, 24 Dec 2006 05:02:05 +0000

A 7 year old boy has been raised by his foster mother for five years. The boy’s father has been in jail practically since the day he was born. The child’s mother is also imprisoned.

While in prison, the father made efforts to keep tabs on his son, to contact him, to have visitation with him and to obtain custody of him.

Possibly in anticipation of the father’s impending release on probation, the foster mother instituted proceedings to adopt the child.

At trial, the court terminated the father’s parental rights and approved the adoption.

But, on the father’s appeal, the judgment was reversed. The appellate court held that the father should not automatically be deprived of his parental rights just because he had been incarcerated. The father, by his efforts, had earned the opportunity to pursue visitation and, ultimately, custody upon his imminent release.

The ruling appears to have been grounded solely in parental rights. It did not appear from the report whether the court considered any rights the child might have or the best interests of the child after five years living with his foster mother and probably with no memory of either of his biological parents.

The boy’s mother does not appear to have attempted any contact with the child nor to have participated in the adoption proceedings or appeal in any way.