General legal information furnished as a service of Fort Lauderdale / West Palm Beach family law attorney Janet Langjahr
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:
Read more in this Los Angeles Times article: Babies’ best interest - China awkwardly but appropriately changes its adoption rules.
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.
An editorial in Florida today highlights the sad story of how many children have languished far too long in foster care with no realistic prospect of either adoption or reunification with their biological family.
And how a recently adopted statute is shortening their stay there and freeing them up for adoption sooner.
In Brevard County, a local organization has displaced the Department of Children and Families in coordinating care of children in the system.
The group has also launched an ambitious new website to help match up kids in foster care with prospective adoptive parents, taking advantage of compelling, professionally taken photograph of the kids.
Read more in this Florida Today editorial, Our view: More homes needed.
Parental rights of unwed fathers generally vary according to the paternity laws of the various states.
But the Indian Child Welfare Act, a federal law, provides additional legal protections to biological fathers and their tribes before a child of American Indian heritage may be adopted out.
In addition to any notice which may be required to be given to the biological father, notice must also be given to the official representatives of the appropriate tribe. And the tribal entity has jurisdiction over any child of American Indian heritage.
A Mormon church-affiliated adoption agency reportedly recently facilitated an adoption of a baby whose biological father turned out to have been of Navajo heritage.
The Navajo Nation claims that the agency never contacted them, although the agency allegedly was aware that the baby may have been of Navajo heritage.
When the biological father learned that he had a child who was up for adoption, he filed a petition for custody of the baby. His petition was denied, however.
Read more in this Salt Lake [UT] Tribune article: Navajo Nation disputes adoption.
An adoption agency notified a biological father that his baby was going to be adopted.
That was how the biological father allegedly first learned of the child’s existence.
By that time, the baby was two months old and had been living since he was three days old with the family that planned to adopt him.
Upon learning of the boy, the father sought custody of his son.
But the New Mexico trial court terminated his parental rights on the grounds that he had abandoned the baby and his mother, freeing the baby up to be adopted.
On appeal, the ruling was reversed and the father’s parental rights restored.
The case was remanded for a custody determination, but appeals are on the way.
Read more in this Albuquerque Journal article: Birth Dad’s Lawsuit Could Alter N.M. Adoptions; Father Is Seeking Custody of Child.
The New Mexico ruling could have a chilling effect on adoption in the state, to the detriment of would-be adoptive parents and, at least arguably, children awaiting adoption.
But what about father’s rights, especially where the father allegedly did not even know about the child?
One measure that several states, including Florida, have taken to aid fathers in protecting their parental rights is the creation of a registry in which unmarried, potential fathers may log each partner with whom they have the potential to have fathered a child.
Timely registrants have rights to notice and to consent to any adoption of their child.
Failure to register before a termination of parental rights case is filed waives any rights the father may have had.
This approach balances all of the interests involved.
In 2000, a woman arranged to put her unborn baby up for adoption.
The birth mother moved in with the adoptive family after the birth. And didn’t like what she saw in the adoptive home.
The family’s other children were reportedly home-schooled and lagging socially. Two special needs children allegedly appeared neglected.
The birth mother tried to back out of her termination of parental rights and the adoption.
Since then, the case has been litigated up and down the Utah courts.
And 5 years later, there is still no decision as to who will ultimately be the boy’s parent(s).
In the meantime though, the boy is placed with the would-be adoptive parents, and has not seen his birth mother for several years.
Read more in this Salt Lake Tribune article: Adoption custody battle for 5-year-old continues.
A Texas woman allegedly surfed the internet to connect with prospective adoptive parents for her expected baby and to solicit financial assistance for her specially prescribed diet and medications.
There’s just one catch. The woman isn’t pregnant.
The woman reportedly defrauded half a dozen couples (including one or more couples here in Florida) and netted thousands of dollars.
According to media reports, the woman has been charged with mail fraud and wire fraud, both federal charges carrying hefty penalties.
Read more in this Houston EyeWitness News article and this Corpus Christi KRIS TV article.
A Boston couple has won a $400,000 judgment because adoption agencies failed to disclose medical information about the health and delivery of their adopted twin sons’ birth mother. The boys were born here in West Palm Beach fourteen years ago.
The concealed medical information placed the children at risk of various disabilities, and the boys do in fact suffer from a number of disabilities, including cerebral palsy and Tourette’s Syndrome.
The judge barred the jury from awarding emotional damages, constraining the judgment. The boys’ adoptive father doubts the boys will ever become self-supporting, and may appeal that ruling.
The jury also found the adoptive parents partially negligent.
Read more in this Sun Sentinel article and in this Bradenton Herald article.
Post partum depression has a high profile. It has been cited in murder cases and celebrity spats.
But adoption professionals and families involved in adoptions report a different, low profile condition: post-adoption depression. Although its cause is poorly understood at this time, it is reportedly not uncommon among adoptive mothers.
Some adoption agencies are now offering services to support adoptive parents with post-adoption depression.
Read more in After the Adoption, a New Child and the Blues.
Couple voluntarily place their infant into foster care.
Foster parents decide to adopt the girl.
Six years after giving her up, couple decide they want daughter back.
Case is on its way to the Tennessee Supreme Court.
Oh, the biological parents pressing the appeal are Chinese nationals. And the Chinese embassy and community groups are complaining of cultural bias in the courts.
The biological parents’ legal arguments are:
Read more in State Supreme Court will hear high-profile international adoption appeal.
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