Adoption Issues

Wisconsin Woman Pleads Guilty in Illegal Adoption Case

A Wisconsin woman has pled guilty to six felonies and two misdemeanors in an illegal adoption case. Bobbi Jo Dolski entered guilty pleas for felonious second-degree reckless endangerment, bail jumping, unauthorized placement for adoption, burglary-party to the crime, and two counts of delivery of a controlled substance.

"Dolski and her husband, Jason Dolski, were arrested in June after police said the couple illegally obtained an acquaintance’s child. Police found the child at the couple’s Stevens Point [WI] home in May during an investigation into illegal drug activity there.” [Source: Wausau (MI) Daily Herald]

The couple agreed to illegally adopt Amanda Zblewski’s newborn, whom Zblewski had already planned to place for adoption, the Daily Herald reported. Instead, she had Jason Dolski sign the birth certificate as the baby’s father, a move Zblewski told police she thought was legal.

Labels: adoption fraud, laws

Arkansas Gov Opposed to Ban on Adoption by Unmarried Couples

Arkansas Governor Mike Beebe has reiterated his opposition to a state law that prevents unmarried couples from adopting children, but he stopped short of calling for the law to be overturned. Associated Press writer Andrew DeMillo reported the governor’s comments in a Nov. 4 article:

Beebe says he's concerned about the impact that an Arkansas law banning unmarried couples from becoming foster or adoptive parents is having on children who need good homes.

Beebe told reporters Wednesday that he's not proposing a repeal of the initiated act voters approved a year ago, but said he's still opposed to the measure. Beebe said he still thinks foster care and adoptions should be handled on a case-by-case basis.

Department of Human Services officials said they haven't studied whether the ban is limiting the number of homes that are available for children. More than a dozen families have sued the state seeking to overturn the ban.

Labels: adoption rights, laws, unmarried couples

Adopted Adults Appeal for Access to Original Birth Certificates

When Eric Roach (who was adopted as an infant in 1955) was 40 years old, he requested a copy of his original birth certificate and access to his sealed adoption records. His requests were denied.

Now, according to an Oct. 14 article by Mary Garrigan of the Rapid City Journal, Roach and others are appealing to the South Dakota legislature to change the rules to provide all adopted adults with access to their original birth certificates:

"I can't have what other people get automatically," [Roach said]. Any biological child can go to the state of South Dakota and request a copy of their birth certificate and, with the appropriate documentation, they'll get it -- no questions asked. As an adoptee, if you want a copy of your birth certificate -- hang on for the ride. The answer is 'No. You're adopted.' The laws ought to be equal across the board."

As part of South Dakota Support and Education for Adoption Legislation, Roach is one of about a dozen members -- including adoptees, birth parents and adoptive parents -- who will lobby the 2010 Legislature to allow 18-year-old adoptees to obtain their original, unamended birth certificates from the South Dakota Department of Health.

Under current state law, adoptees need a court order from the county where their adoptions were finalized to access their adoption records or their original birth certificates, requests that can be arbitrarily denied by a judge.

Nine other states already have laws that allow adopted adults to access their original birth certificates, Garrigan reported.

Labels: adopted adults, birth_certificates, laws

Sioux Falls Woman Accused of Adoption Fraud

A woman from Sioux Falls, South Dakota is accused of taking money from two different adoption agencies that found parents for her unborn child, then backing out of the adoptions. A Sept. 13 Associated Press article provided the following details:

Documents filed in U.S. District Court say [Melisa] Bergstedt contacted About U Adoptions in Milbank in November and offered her unborn baby for adoption exclusively through that agency.
A few days later, she made the same offer to An Act of Love adoption agency in Boston.
According to court documents, Bergstedt received nearly $1,500 from the agencies; money that was supposed to be used for pregnancy expenses. She has been charged with mail fraud.

Labels: adoption fraud, laws

California Bill Would Give New Rights to Native American Youth

A bill that has been introduced in the California legislature would make it easier for Native American youth who are adopted by non-tribal parents to stay connected with tribal culture. The bill was introduced by Assemblyman Paul Cook (R-Yucca Valley), who called it his most important measure of 2009:

Current adoption rules often end up cutting ties between and adopted child and the tribe and lead to the child's total assimilation into western culture, said Assemblyman Jim Beall (D-San Jose) a co-author of the bill. Under the measure, American Indian children would be allowed to continue their relationship with the tribe ... (Source: The Press-Enterprise)

The bill received unanimous support in the Assembly and will be voted on by a Senate committee on Monday.

Labels: laws, native american

Biological Mom Sues After Reunion with Daughter She Had Given Up for Adoption

Television shows like "Oprah" would have us believe that reunions between biological parents and the children they placed for adoption always end with happy tears of reconciliation. But a woman from New Jersey has ended her reunion with a lawsuit.

"According to the complaint, the woman ... received a letter from the Division of Youth and Family Services in August 2008 saying that an adopted adult was seeking information about her birth parents," the Philadelphia Daily News reported. "In the letter, DYFS asked her to confirm her identity and whether she wanted to pursue the matter."

A June 23 article on the AOL News website reported that "the Atlantic City woman, whose name is being withheld from the press, gave up her child after being raped. The lawsuit, filed June 18, claims she felt 'violated, in shock and short of breath,' after her biological child showed up at her home in December."

The woman assumed her lack of response would close the matter, but her adult daughter showed up on her doorstep four months later. This is a situation that highlights the continuing debate over allowing adoptees to access previously sealed information about their biological parents.

Labels: laws, reunions

Oklahoma Lawsuit Questions Constitutionality of Court Fees for Adoption

An Oklahoma attorney has filed with the Oklahoma Supreme Court that questions the constitutionality of court fees assessed during adoption proceedings. The suit, filed by attorney Jerry Fent, calls for the fees to be halted until a ruling is reached on the case.

Fent's lawsuit states that ... DHS [Department of Human Services] receives $20 for its adoption registry and confidential intermediary program as part of adoption fees charged by district court clerks. ... DHS has been receiving the fees for about 10 years and the Attorney General's Office for about two years, Fent said. (Source: The Tulsa World News)

Charlie Price, spokesman for the Oklahoma Attorney General's Office, said it is too early to comment on the case.

Labels: adoption costs, laws

Egyptian Case Highlights Potential Perils of International Adoption

In a case that demonstrates the degree to which legal confusion can derail an international adoption, a North Carolina couple who traveled to Egypt to adopt twin boys have instead been arrested and put on trial for alleged child trafficking.

According to a May 13 Associated Press article, Iris Botros and Louis Andros attempted to adopt in the United States, but a number of factors including Andros' age (he is 70, she is 40) prevented them from doing so. AP writers Anna Johnson and Maggie Michael provided the following details of the events surrounding the couple's arrest:

In Muslim countries like Egypt, such adoptions are nearly impossible, snarled in religious tradition and murky laws. Botros and Andros ... also may have been caught up in an attempt by the Egyptian government to show it is cracking down on human trafficking after criticism from the United States.

On the advice of Egyptian friends, the two traveled to Cairo in the fall and were put in touch with a Coptic Christian orphanage that was caring for two newborn orphans. The orphanage gave them forged documents to say Botros had given birth to the children, and the couple donated $4,600 to the orphanage ...

But when they tried to get American passports for the babies, a U.S. Embassy employee became suspicious of them ... When asked by an embassy official, Botros admitted she wasn't the biological mother, [the couple's] lawyer said.

"Adoption experts said the case highlights the importance of being well-informed and working with governments and reputable agencies to make sure laws and social norms are followed," the AP writers reported.

Labels: adoption rights, international, laws

Nebraska Reconsidering Safe Haven Law

Another teenager was left at a Nebraska hospital recently, bringing the number of children abandoned under the state's "Safe Haven" law to 24. None of the children have been newborns, and three have been from out of state.

"When lawmakers tackle the issue at a special session on Nov.14, they will find no national consensus on what the age limit should be... Speaker of the legislature, state Sen. Mike Flood, a Republican, said he will introduce a bill establishing a 3-day-old age limit, but the legislature could change that."

There is currently no national standard for Safe Haven law age limits. The laws are created to provide a way for parents to leave a child they can't care for at a hospital, police department, or fire station. According the laws in most states, parents relinquish all rights, and the child becomes immediately available for adoption. Source: Associated Press

Labels: laws, safe-haven, teens

Controversy Continues Over Nebraska Safe Haven Law

A Michigan mother is being sought by police - and has lost custody of three of her children - after she abandoned her 13-year-old son at an Omaha Hospital. The woman, an aunt, and a grandmother made the 12-hour drive because Nebraska's Safe Haven law allows parents to leave children younger than 19 at a hospital or fire department if they feel they can't care for the child.

"The Oakland County Prosecutor's Office filed the neglect petition Wednesday against the parents, who adopted the 13-year-old and a 10-year-old sibling out of foster care."

Nebraska's Safe Haven law continues to stir up controversy. It is the only state in which the law applies not only to very young children, but to any child under the age of 19. Opponents of the law criticize its broad age range, and many had expressed concern that the law would be misused in exactly this sort of way. Source: The Detroit Free Press

Labels: controversy, laws, safe-haven

New Law Creates More Stability in Foster Care

Supporters of a U.S. law believe that the legislation will help provide foster children with a brighter future. The Fostering Connections to Success and Increasing Adoptions Act aims to move children out of foster care and into loving families.

"Among its major provisions, it will: Provide more financial incentives for adopting children out of foster care, especially older youths and those with special needs. One example: federal adoption assistance for special-needs children will no longer be limited to those who come from low-income families."

The act, which was signed into law Oct. 7, is expected to cost about $3 billion over the next ten years. Many of the added costs, however, would be offset by savings on foster-care casework, officials say. Source: The Associated Press

Labels: foster_care, laws, stability

New South Wales to Ease Adoption Laws

The New South Wales government has promised to ease adoption laws for foster and step-parents.

"[Community Services Minister Kevin] Greene says under a number of changes beings proposed, foster parents who adopt will be able to retain their carers allowance until the child turns 18... He says they will also make it easier and less time consuming for step parents and other relatives."

The Foster Parents Support Network estimates that the changes will cause up to a 30 percent increase in adoptions from foster parents. Source: ABC News

Labels: foster_care, laws

Safe Haven Creates Happy Endings

Indiana's Safe Haven law has been in effect for eight years. During that time, the law has turned potentially tragic circumstances into happy endings.

"A young woman at a local university with an unplanned pregnancy....delivered the child and dropped her off at Parkview North Hospital. Within days, Natalie was adopted by Roy and Theresa Hammond of Fort Wayne."

Natalie is now four years old, and was given the honor of blowing out the candles at a party celebrating the Safe Haven law's eighth year. In 2007 Nebraska became the 50th U.S. state to enact a Safe Haven law. Source: Fort Wayne Journal Gazette

Labels: laws, safe_houses, unwanted_pregancy

Desire for Adoption Leads to Law Change

Arizona has a new adoption law, thanks primarily to the tenacity of two women who challenged the state's definition of family. Dawn Hurtt welcomed Angel into her home when Angel's foster care home didn't work out. Though Dawn and her husband wanted to adopt Angel, state law at the time prohibited adoption of anyone older than 18, so a Probate Court judge denied their adoption request.

"Attorney Kathleen Mucerino suggested they could appeal. But Dawn didn't have the patience. 'I said, "I'm not going to wait,"' [Hurtt] recalled. Instead, she followed Mucerino's other course of action and threw herself into getting the law changed."

Hurtt's situation caught the attention of Sen. Richard Miranda, D-Phoenix, and he drafted a new bill within a week. The state's governor, Janet Napolitano, signed the bill into law earlier this month. Source: The Arizona Republic

Labels: foster_care, laws

Safe Haven Law Working to Save Newborns

The state of Illinois enacted its Safe Haven law in 2001. The law allows a parent to relinquish custody of a baby up to seven days old with no questions asked and no repercussions. The baby is then placed with an adoption agency.

"New signs were unveiled last week that will identify safe havens across the community and the state. The hospitals, fire stations and other safe haven facilities will display the 18-by-18-inch signs depicting a baby's head nestled in an open hand."

Since the law's inception in 2001, a total of 41 babies have been taken to Illinois safe haven locations. Out of those, 36 were relinquished, three moms decided to keep their babies, and two decided to develop adoption plans for their kids. Source: The Beacon News (Aurora, Illinois)

Labels: laws, newborns, safe_houses

New State Law Opens Adoption Records

North Carolina recently passed a state law that allows adults who were adopted as children to get more detailed information about their biological parents and possibly connect with them - if all parties are willing. Though the new law set out general guidelines, responsibility for developing the details falls to each individual county.

"Before the new laws, [Frances] Gallimore [adoptions supervisor for Rowan County] said, an average of two to three adoptees called the department monthly seeing information about their birth parents. Most of them have been people in their 40s and 50s who were facing health challenges and wanted information about their family health history."

Prior to the new law, Social Services departments could only give very general, non-identifying information. The suggested cost for the service has been set at $250, which includes 5 ½ hours of search time, contact with the person (if found) and a report-back to the inquiring party of any information that is discovered. Read more at SalisburyPost.com.

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Labels: birth_parents, laws, records

The Adoption Quandary

Writer Elizabeth Larsen has been personally affected by the recent changes to the Guatemalan adoption processes; her adopted daughter is from the country that has radically reformed its adoption system.

"The new law, passed last month, requires the creation of a centralized government authority to oversee adoptions and mandates that any private orphanages, such as those run by charities, be registered."

The new law also shuffles priorities, favoring family preservation first, followed by adoption by relatives, then domestic adoption. International adoptions will now be considered a "last resort".

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Labels: international, laws

States Should Allow Open Adoption

Adopted children should be able to see their birth records and find their birth parents, according to a report from the Evan B. Donaldson Institute, a national not-for-profit organization devoted to improving adoption policy and practice.

The report notes that evidence from the eight states with open adoption laws indicates that the arguments against open adoption records are fallacious. In those states, there has not been an increase or decrease in abortion rates or any evidence that birthparents become distressed when contacted.

"These states' experiences in providing this information make clear there are minimal, if any, negative repercussions," said Adam Pertman, director of the Institute. "The mythology ... is that you should be protecting someone from something. But that's not the reality. Adoptees are not behaving poorly, they're behaving very respectfully, and birth parents do not appear to be a frightened class that wants to hide."

The American Civil Liberties Union and some right-to-life groups have opposed open adoption laws, which are already in place in Maine, Delaware, Alabama, New Hampshire, Oregon, Tennessee, Kansas and Alaska.

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Labels: birth_parents, laws, open_adoption

Guatadopt.com Works to Present Truth

The sensational stories surrounding Guatemala and its adoption processes could lead people to believe that all adoptions which take place in that country are, on some level, corrupt. In an attempt to distinguish reality from the sensational, Kelly Caldwell launched a website called Guatadopt.com. Kevin Kruetner is now the group's spokesperson and lead writer.

"I don't think the media is very balanced. They tend to show sensationalized stories and worst of all, they never seem to devote enough time to really understand the dynamics. But when a reporter is given two days to pump out a piece, what can we expect to happen?"

Kruetner urges people to remember that the vast majority of Guatemalan adoptions are legitimate, and even the stories of corruption often don't tell the full story.

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Labels: adoption_policy, international, laws

Guatemalan Adoptions Still Scrutinized

In June, the U.S. government warned Americans against adopting children from Guatemala, citing a lack of government oversight. Then, in August, Guatemalan authorities raided an "orphanage" where 46 children were living and awaiting adoption. Currently, the adoption process is not controlled by the government, but by private lawyers who, some speculate, are able to complete the process quickly because they bribe officials and buy babies.

"The lawyers find babies, obtain power of attorney from the mothers, secure governmental adoption approval, arrange housing for infants pending paperwork and deliver the children to the new parents. Foster parents and doctors are paid by the lawyers."

After the August raid, several adoption lawyers took out newspaper ads protesting the government's interference. The Guatemalan government also ratified the Hague Convention on Intercountry Adoptions, which will take effect in January and force the adoption process to become more centralized. In addition, the U.S. Citizenship and Immigration Services says it will more closely scrutinize visa applications for children from Guatemala, to ensure that adoptions are being handled appropriately.

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Labels: governments, laws

North Carolina Eases Search for Birth Parents

Currently, only seven states allow adoptees to see their original birth certificates. The North Carolina legislature has recently passed a new law that, though it doesn't grant access to birth certificates, will make it easier for adoptees to find information about their birth parents by allowing child-placement agencies to serve as intermediaries between willing adult adoptees and birth parents.

"The law replaces rules governing adoption records that rank among the nation's most restrictive. Current law requires adoptees to petition a judge and show 'just cause' to access birth records and other adoption information. It also forbids adoption agencies from releasing anything except 'non-identifying' information to adoptees or birth parents."

The new law is considered a compromise between groups who wanted adoptees to have full access to birth records and organizations like the National Council for Adoption which opposes full access without consent from both parties. Read more at Charlotte.com.

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Labels: adoptees, birth_parents, laws

More Dads Taking Maternity Leave

Between 2001 and 2006, the number of dads who took a family leave of absence increased significantly from 38 percent to 55 percent. Most of them returned to work quickly, within a month, but the increase is still worth noting.

"Wes Kee wasn't originally going to take a leave for the arrival of his first baby, but his son's premature delivery led him to revise those plans - and six months at home with the newborn changed his outlook. 'I enjoyed it. I liked being there with my son. It was bonding time,' said Kee, 34, adding that he would stay home for the birth of another child."

Whether for a birth or adoption, more new fathers are beginning to understand how much impact they can really have in the life of a child, whether directly, or indirectly simply by helping the mother. Read more at CNews.Canoe.ca.

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Labels: fathers, laws, leave

North Carolina Adoption Laws Could Change

Some North Carolina legislators and others are proposing new laws that would allow adoptees to access their original birth certificates when they reach adulthood. The propositions are receiving mixed reviews, with some people being concerned that the birth mothers rights would be violated should such a law take effect.

"[Roberta] MacDonald said one of the main reasons for the law would be to allow adoptees to have a family medical history. She said the law would not lead to a mass of adoptees bothering birth parents, citing other states with more lenient adoption laws."

The law would include an option for birth parents to fill out forms stating whether or not they ever wish to be contacted by the child, and would allow the birth parent to submit updated medical information as well.

Read more at NewBernSJ.com.

Labels: birth_certificates, birth_parents, laws

India to Relax Adoption Rules

The Central Adoption Resource Agency Chairman J.K. Mittal says the Indian government has plans to ease the rules governing adoption of Indian children by people in other countries.

"He said India's adoption laws are very complicated and lengthy and often discourage foreigners from adopting children here."

The current process requires foreigners who which to adopt an Indian child to be sponsored by a licensed agency in their country that is also able to work in India. Currently, direct adoption of Indian children by foreigners is strictly prohibited, which likely accounts for the sharp drop in inter-country adoptions, from 1,298 in 2001 to just 853 in 2006. Read more at TheHindu.com.

Labels: international, laws, rules

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