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British Family's Adoption Fight Goes to Prime Minister

British Prime Minister Gordon Brown has been asked to review a two-year-old adoption case that involves claims that a seven-year-old girl's psychological well-being is at risk if she stays with her biological parents. The parents have appealed the case and attempted to block their daughter's adoption.

According to the BBC, "Wealden MP Charles Hendry said there was no suggestion the girl's well-being was at threat at her Halisham home, and asked for a meeting with Mr. Brown. The prime minister said either he or a minister would meet the MP."

The girl was placed in foster care in 2007, when her home was determined to be in "chaotic and unsanitary conditions." Alison Ball QC, who represents the girl's mother, told the BBC that the conditions were not typical and that the girl had been happy at home.

A date for the prime minister's meeting has not been set.

Labels: court, mental_health

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West Virginia Supreme Court Rules in Favor of Same-Sex Foster Parents

Overturned a lower court's ruling, the West Virginia Supreme Court has ruled that an infant foster child should not be removed from the custody of a same-sex couple. The decision was the topic of a June 5 article by Tim Huber of the Associated Press:
In an unsigned opinion issued Friday, the court barred enforcing Fayette County Circuit Judge Paul Blake Jr.'s order that the girl should be taken away from Kathryn Kutil and Cheryl Hess. The girl has remained in the couple's custody throughout the court proceedings.

The court noted there was no reason to believe the girl wasn't thriving with Hess and Kutil, and said there was no legal reason to take her away from the couple.
Instead, the court said either Hess or Kutil, as qualified foster parents, "would at the very least need to be considered if not favored in the selection of the prospective adoptive home."
Born to a drug-addicted mother in December 2007, the infant had spent her entire life in the care of Kutil and Hess. But in November 2008, Circuit Judge Paul Blake ruled that the state's Department of Health and Human Resources could approve removing the infant from Kutil and Hess's care. The West Virginia Supreme Court was unanimous in its decision to overturn Blake's ruling.

Labels: same-sex couples, foster_care, court

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Indiana High Court Reverses Adoption

The Indiana Supreme Court has ruled that a man who adopted twin girls from a surrogate mother in South Carolina didn't follow the requirements for interstate compacts.
Indiana child-welfare officials originally said the two girls, who were born in April 2005, were not eligible for out-of-state adoption because state law restricts such moves to cases where the children are considered 'hard to place' due to factors such as race, ethnic background, or disability.
The Supreme Court also ruled that the girls will stay with their adoptive father until the matter is settled.

Source: The Courier-Journal (Kentucky)

Labels: adoption rights, court, fathers, indiana

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Court Condemns France for Ruling on Adoption Case

The European Court of Human Rights has condemned France for discriminating against a lesbian teacher who wanted to adopt a child. Her adoption request was denied.
"[Caroline] Mercary said the ruling effectively prohibits France from refusing adoption requests on sexual orientation grounds."
The court's ruling also granted the woman about $35,000 in damages and court costs. France has denied that her sexual orientation played a part in their initial decision. Read more at English.People.com.

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Labels: international, court, descrimination

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Adoptive Dad's Story Corrected

Gary and Cindy Stocklaufer gained national attention when Gary claimed that his weight caused a judge to deny his petition to adopt a baby. Jackson County (Missouri) Circuit Court Judge John R. O'Malley made his court order regarding the case public on Tuesday. His order states that the couple was denied the adoption because they violated adoption laws.
"Under Missouri law, it is a felony to bring a child into the state for adoption without getting a court order first. The Stocklaufers failed to do that, O'Malley said, but the judge still agreed to award them temporary custody."
It's not common practice for judges to make court orders available to the public, but Judge O'Malley said he made an exception because of all the publicity surround this particular case. Gerald McGonagle, the couple's attorney, agrees that the initial ruling against the couple was "not totally" based on Gary's weight.

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Labels: court, fathers

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Obese Man Granted Second Adoption Hearing

A Missouri man whose adoption request was recently denied has been granted a second hearing in Kansas City. Gary Stocklaufer, who weighed 550 pounds at the time of the first adoption request, claims his request was denied because he was obese.
"But Stocklaufer underwent gastric bypass surgery in Dallas in August to lose weight. Since the surgery, Stocklaufer has shed nearly 200 pounds."
Adoption experts say that denial due to obesity is becoming more common in adoption cases. Though the judge in the case hasn't made his final ruling, this is believed to be the first time a couple seeking adoption has resorted to surgery.

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Labels: health, court

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Court Proceedings Open to the Public

In honor of Michigan Adoption Day on November 20th, seven families agreed to open their court proceedings to the public. Macomb County adoption supervisor Mike Hester said he hoped the open proceedings would draw attention to the needs of the more than 4,000 Michigan children that are currently waiting to be adopted.
"Prior to the proceedings, Michigan Supreme Court Justice Maura Corrigan presented a resolution from the high court commemorating the event. 'In Michigan, we don't want to rest until every child who needs a home has a home,' she said."
Family members and social workers attended the proceedings, offering their support to the adoptive parents.

Labels: open_adoption, awareness, court

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Utah Attorney Receives Adoption Award

Brigham City, Utah attorney Dale Dorius has five children. Four of them are adopted. He believes so strongly in helping connect and create families that he's dedicated over 40 years to adoptions and birth-mother placements. He was recently honored by the United States Congressional Coalition on Adoption, with an Angel of Adoption award.
"Dorius' efforts have made a difference in families all over the world. Many birth mothers come to Utah because it is an adoption-friendly state. He handles many interstate and international adoptions. In addition, he's worked with the court system to handle foster care adoptions and placements."
One of Dorius' adopted children - Jennifer Reyes, is also an attorney who specializes in adoptions. Having seen the difference her father makes, she's now working to have the same positive influence in the lives of would-be families.

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Labels: awards, birth_parents, court

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Adoption Court Moved to Hospital

Krista is 8 years old. In 2003, she was diagnosed with cancer which went untreated by her biological parents. The courts removed Krista from their care and she's been anxiously awaiting adoption ever since. When the day came for her adoption to be finalized, she wasn't strong enough to leave her hospital bed and go to court. So the adoption court was brought to her.
"Dozens of lawyers, court officials, nurses and members of her new family watched as Krista formally became the daughter of her new parents, who want to remain anonymous."
This type of court proceeding was a first for Judge David Freundlich, who said Krista was eager to be adopted and didn't want to have to wait. Read more at LATimes.com.

Labels: court, precedence

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British Courts Attempt to Streamline Processes for Endangered Children

In England, when a child is removed from his home, the judicial system has up to 65 weeks to determine whether that child can be returned home or should be placed for adoption. In some instances, kids have spent years in foster care, waiting for the courts to decide their fate.

The courts are clogging up with cases. Figures show that at the end of 2009 there were 12,994 open care cases in the courts. This is almost 50% more than at the end of 2008, when there were 8,677 cases open. [Source: The Guardian]

A Ministry of Justice spokesman said family justice practices are currently under review, in an attempt to determine how best to streamline the process and ensure that kids are placed in loving, permanent homes as quickly as possible.

Labels: laws, court, abuse

Posted By: Stefanie Hamilton 1 Comment