Wanting To Say The Right Thing

A question about being a considerate friend –

I’m not in the adoptive triad (natural mother, adoptee and adoptive parent) but two of my close friends are adoptees. I live in the USA in a part of the country known as the “Bible Belt”, a place that is saturated with Evangelical Christianity and rose colored glassed about adoption. Out of my two friends that are adoptees, one has been reunited with her first mom for over a decade and they have a friendly and somewhat close relationship. The other knows of her first mom but I don’t know if they have met in person. There are other details about their stories I know about but don’t want to get too personal.

The stories I heard have confirmed some of the icky feelings and questions I’ve had about adoption but didn’t understand and couldn’t voice. Because outside of the triad, everyone knows how adoption is painted and its very pervasive, at least here in the US. To be critical of adoption is to have an outlier opinion.

I haven’t said anything negative about adoption to either of my friends. But, I want them to know that I don’t judge them for having negative feelings about being adopted and that I am becoming aware of some things. For anyone in the triad, if one of your friends said those things to you, would you feel weirded out? I don’t know if my friends have negative feelings about being adopted but I’m sure they do somewhat.

An adoptee responds –  I personally live in the Bible Belt myself. I get what your saying and it wouldn’t weird me out of someone asked me about my feelings on adoption as long as they weren’t being weird about it. It would make me feel heard by someone for a change.

And another adoptee – I also live in the bible belt. I’ve talked with people about my adoption and the things I’ve been upset about. I didn’t feel it was weird or rude if questions were asked to get more perspective or if other people voiced what they felt was negative.

An adoptee notes – Adopted people appreciate our allies, people who have made the effort to better understand our plights. That said, the majority of adopted people that I personally communicate with usually recognize that we are more comfortable talking about these sorts of issues with other adoptees (not all adoptees will feel like that and in fact some adoptees will talk to anyone about their adoption, others won’t talk to anyone at all). We aren’t a monolith, one size fits all. But, adoptees who realize the harmful aspects of their childhood are very specific about who they share their innermost feelings with. We know who is a safe person to talk to. I guess for me why someone wants to discuss these sorts of deep, dark issues would be important. Are you just wanting to let them know what you have learned or are you wanting to be a ‘caring ear’ willing to listen more than talk?

The “friend’s” response was – I mainly just want them to know that if they ever need to talk, I’m here for them and they can express criticism about adoption. I won’t judge or criticize them.

Another adoptee agrees with the one above – with friends of mine who aren’t adoptees, I might talk about these issues superficially but only as things come up – regarding parenting adoptees (many of my friends are adoptive parents) and I try to help them “get it” and I talk to their kids and try to help their adoptive parents get it.

This one goes on to say – I would not like my non-adopted friends to make assumptions that they know I have negative feelings on adoption. I do but it’s easier for me to have those negative feelings about other people’s situations. Naming that about my own situation to a non-adoptee would not be likely to happen. Exposing myself that much wouldn’t happen. It’s like that feeling, when you can be mad at your brother but if someone else is, you tend to stick up for them… that’s the kind of feeling it would create for me. You don’t get the right.

I know your trying to be supportive but to me you need to let them lead, don’t become a part of the show. I’m suggesting you consider staying out of it. If they talk, then listen, and even validate their feelings. Give them permission to have the negative feelings but not unless they express them. To me that would feel like you think I should have some negative feelings or would want share them, if I do.

A transracial adoptee also admits – I’m in the Bible Belt. Have they ever confided in you specifically about adoption? Are you in any way associated with Evangelical Christianity, or are they or their families? I ask because Evangelical Christians are pro-life and typically hold more of the positive rainbow pro-adoption propaganda views.

I think it would really depend on the conversation and how you brought it up. I think using certain vocabulary like “adoption trauma”, “the FOG,” “centering adoptees,” “adoption industry”, “family preservation,” etc. could help signify that you’re a safe person. Personally, I’d recommend following their lead, not to purposefully bring it up, but not ignore/deflect any conversations.

As I came “out of the fog,” I’ve found it harder to speak to non-adoptees, simply because they more often than not (and because being in the Bible Belt) didn’t have the same views as me. I think as an adoptee, I’d find it reassuring to know that a close friend was an ally.

The “friend’s” response was –  I used to be a Christian but I’m not any more. I met friend #1 at church over a decade ago and we reconnected a couple years ago and became close friends. Her adoptive parents were very conservative Christians. She identifies as kind of a liberal Christian but more witchy than Christian and doesn’t go to church. I’m kind of agnostic. Friend #2 is a young lady I know from my city Choir. She is a mainline Protestant Christian and active in her church but she is liberal. Her parents, I think, are more conservative but I don’t know to what degree. Both friends know I’m not pro life at all, that I’m LGBT and child free. I have some negative views toward having children but I’m working on it in counseling.

To this, the transracial adoptee wrote – I wouldn’t bring it up, especially since they haven’t really confided in you. Bringing it up only centers yourself, rereading your last paragraph really just points out the reasons for approaching this subject are your reasons, for you. I think, if you truly are a safe person to vent to, then they’ll come to you. I reiterate – just follow their lead, don’t put them in an uncomfortable spot, so that you can feel like a good ally.

The child of an adoptee (blogger’s note – I am the child of two adoptees) and a first mom (another blogger’s note – this is a mother who gave a child up for adoption – which both of my own sisters did) writes: obviously *I* am not personally an adoptee but I do live in the Bible Belt. I am just curious, why on earth would you bring up someone else’s private business to tell them you’re “a safe space” and they can “express criticism without judgement”? If they’re **actively discussing their trauma** with you, that’s the time for you to reassure them that you’re “on their side.” Purposely bringing it up, may make you appear to someone like you’re just being a trauma tourist.

The “friend’s” response was – Its not something I would ever bring up out of the blue. If someone you love or are friends with has something really awful happen and they share it with you, you know it’s awful for them and you express that you know it’s awful and show you are there for them. However, the overarching opinion of adoption is that its positive and negative opinions are met with hostility. So, it’s a little different. Most people that have bad things happen are allowed to feel bad about something and say it sucks. But I don’t know if the average adoptee feels like they are allowed to feel that way about adoption, let alone express such opinions. They’ve shared about being adopted. But, if they share again, I want to say the right thing.

To which the previous commenter responded – if they bring it up, I think it’s fine to say you’ve done some reading and you want to be supportive and non judgmental, or even briefly share your opinions on the practice and systems. I don’t think it’s something that should be brought up independently but you said you’re not gonna do that, so you should be good to go.

Another who was placed with her kin remembers – Before I came to accept the reality of my own disappointment, I would have been insulted if someone tried to tell me they were a safe space for me to vent. I didn’t realize I needed to vent. I was in complete denial. In high school, I had a few people respond to some grisly parts of my story with astonishment and anger on my behalf. I was confused, miffed, and maybe a tiny bit amused that they were angry about something that “didn’t bother me.” Why don’t you ASK how they feel instead? Perhaps let them know that you’re aware that some people feel extremely grateful for having been adopted, but that you’ve been made aware of a different perspective of anger and loss… and that you’re curious to know their thoughts, IF they’re open to share them.

Another adoptee suggested – if a friend said something like “Hey for some reason adoption has been on my mind and I was reading a lot of adoptee experiences and researching how it affects a high percentage. I’d love to hear your thoughts.“ I wouldn’t be weirded out.

One adoptee had a cheeky response – Tell all those church attendees that Jesus’ mother was unwed and 14, so Jesus born in manager. Being young, unwed or poor is no reason to give your child away to strangers.

One woman who’s ex-husband is an adoptee and who also lost her daughter shares – I’m still close to my ex-husband because of his messed up family ties both biological and adoptive. I sometimes have to watch what I say, when he vents to me but he knows I’m a safe space for his negative feelings. Most people tell him to basically suck it up. I have a few more adopted friends but my ex husband is the closest story I know, besides my own daughter. My cousin, who was my daughter’s foster parent, didn’t think an autistic 17-year-old could be a parent, so she worked against me. She became a pastor in the Baptist community and was working at a homeless shelter for families. My daughter is in a closed adoption “for safety reasons”. I am not even allowed to know who the adoptive parents are. This is kind ridiculous because now I have a 2 month old and had to deal with Child Protective Services again. Thankfully, my case was eventually closed. Now I realize even more than before how much my family didn’t help. All I needed were a few resources, when I was 17, and I would have been fine, just like I am now at 26. I do have “issues”, my cousin knew my daughter’s adoptive parents before the adoption through her church and that they’re infertile. I don’t know if my first kid is ever going to know about my second kid. To me that’s not very Christian – to keep siblings separated – when there’s obviously no concern for safety. I have also had to take what my ex-husband told me into consideration – that when my child is older, she maybe not want to contact me and I will have to process that better, because I’m the adult. That is hard to think about even with years to prepare, if she does contact me.

Remembering Tam

Today’s story by a grieving friend (not the blogger) but such an important acknowledgement – remembering Tam on the anniversary of her birth.

She cried for weeks after she arrived. Tam spent years in the orphanage back in Vietnam, it became her home and the other children her family. She played a cassette tape of all the songs they sang together. Each time it ended, the crying would die down as she flipped it to the other side. The crying would resume after she hit the play button. Profound pain and sadness. Grief.

Tam was blind, yet moved with ease, feeling with her hands, smelling with her nose. She took care of herself meticulously, especially her hair. She refused to use a service dog and reluctant to use her cane, never wanting to draw that kind of attention to herself. She had a good amount of self-pride.

I graduated from college in 2000 with a degree in psychology. I had also wanted to minor in social work which seemed to come to me more easily. Second semester senior year was just a bit too late to choose a new major, or even a minor. Since then, I’ve surrounded myself with social workers for most of my career.

Midterms are one of the last ways to boost your GPA, and I could have used a boost! I also received my acceptance letter from UConn to their master’s program at their school of family studies. I make the call back home from my dorm room to share the news. “Tam is in the hospital, call everyone to come home.”

The story of how she died has been told a number of different ways in the media over the years. What hasn’t been included in Tam’s story though is that as adopted people, we live with layers of pain, trauma and in a constant state of grief. Too often it is disenfranchised grief, to the point we aren’t aware our bodies still feel the losses we’ve endured. Too often an act of suicide is confused with wanting to stop the pain. To stop feeling. Sometimes, we act impulsively after a fight or argument as we register it as a threat. This threat triggers our fear response. Fear of rejection. Anger at ourselves.

Whatever it is, we just want the pain to go away. We are tired of feeling. We want it to stop. Suicide continues to be stigmatized, and those, like me, live with shame and guilt. It’s why there is a movement to normalize these thoughts and feelings, so people can share them to be seen, heard and validated. It’s powerful when someone connects with you and says “I see you, thank you for helping me understand your pain.” With that kind of connection, a life can be saved.

The truth is that Tam died in 2000. Both her life and death have profoundly changed me. I continue to turn my pain into purpose. To keep telling her story. Many people don’t realize how important it is when you’ve been adopted. Your story is told by others, often to shape a narrative. I strive to tell Tam’s truth. Even through her death, she deserves to be seen. Her pain and how she lived makes her human.

It was her birthday last week. I now call it the anniversary of her birth. Often it is a traumaversary for those who are adopted. I will never know what she would have been like at this stage of adulthood. I do remember her laugh. What a laugh!

Just Need A Little More Time

Today’s story –

Our state has a mandated “permanency plan” that kicks in at 15 months of the past 22 in care. Adoption is the strong preference. Does anyone have any experience with a system like this and being able to successfully advocate more time for reunification to happen? We are 32 days away from that 15 month mark and we are not possibly going to be in a place where reunification is realistic in that timeframe, but mom is making HUGE strides and can absolutely do this with an appropriate amount of time. There are complicating factors – she is a domestic violence (victim) and a past substance user. I fear the state will use these against her, despite her incredible work over the past 4 months.

If they move forward with a termination of her parental rights, despite her work, are we able to do anything to reunify ourselves ? If we can get them to agree to guardianship instead of adoption ? This family just needs more time and I want to make sure we are doing everything possible to get her that time.

In addition to this sibling group of littles, we also have a teenager. She asked for a termination of parental rights and wants to be adopted. She is very excited about not having to go home and be with her family anymore. Her situation is different as she is 17, which means she gets to make her own choices. Any suggestions for how to talk about what she wants and is asking for and her joy at ending her first family ties, while also holding space for how deeply tragic that would be for the littles ? I don’t want the littles to think that we want that for them, or to think that because it’s happy for the teen that it would be happy for them. What is best for these two groups of children is different and I want to make sure we don’t hurt either of them in the process of celebrating the other. Thanks for your ideas and help!

Some help comes – are the Littles old enough to understand that while you love them and want to have them there until their mom is able to finish “getting her stuff together” – that the older child’s parents weren’t able to do what was needed for them to be a safe person ? If they know their mom, it may be a bit easier to explain that they’re living with you, while their mom gets some help and takes care of things. 

Another who was in foster care as a youth notes –  I would personally go with like, “mom is getting some help to take care of herself, so that she can take care of you again safely” but language choices can be altered a bit depending on the specific circumstances. That’s how it was framed for me when I first entered care at a younger age and my mom had similar circumstances to this mom, substance abuse, dual diagnosis, plus the intimate partner violence factor.

A family advocate writes – 15 months is federal law, the Adoption and Safe Families Act. At 15 months, the state must pursue termination of parental rights and adoption – unless there is a compelling reason to continue working reunification. If mom is making progress but just not quite there, the compelling reason is that she could reasonably be ready to reunify within a time frame that would still be in the best interests of the children. There could be a goal change requested, but I would be surprised if that judge approved that, if she’s doing well. Mom needs to document everything she’s working on and every objective measurable bit of progress she’s made. Her attorney can present this to the judge to argue against a goal change. But if the team sees her progress, they may not even request it.

Secure Attachment

I read a comment unrelated to the topics in this blog encouraging the need for secure attachments – “If we would start at the beginning of life and support the development of secure attachment, I think that we would have fewer damaged people to deal with.” So, I went looking and found this at LINK>The Attachment Project

Attachment disruption occurs for all adoptive children as they experience separation from their primary caregivers. Whether their early relationships were secure or insecure, the separation breaks the early attachment bond. What’s more, for some adoptive children, attachment bonds break multiple times as they move from placement to placement before reaching their permanent adoptive home. 

The first two years after birth are essential for forming healthy early attachment relationships. In this critical window of time, children develop their “template” or “mental representation” of what a caregiver-child relationship looks and feels like. In fact, at just six weeks of age, children start to prefer their primary and secondary caregiver(s) over others. This preference forms because children begin to develop trust that their caregivers will attend to their needs at this stage of their life. They start to understand that when they cry for food, love, and attention, their caregiver will give it to them. Or, in some instances, won’t. 

Therefore, this early window of time is clearly vital for a child’s understanding of whether other people are trustworthy and dependable. And also for the establishment of healthy levels of self-worth and confidence. After all, children’s templates for self-view are grounded in how the people closest to them tend to their needs.

Attachment disorder can occur due to separation from caregivers or being moved from one to another, like with adoption or foster care. Attachment disorder in adopted children is called adoption attachment disorder. These childrens’ difficulties engaging with and being soothed by their caregivers are protective behaviors learned through childhood. 

Anger problems or control issues may manifest in children with insecure early attachments. Attachment difficulties often persist into adulthood. Insecure-ambivalent parents often express a wide array of emotional states to their infant, some of which may be “negative” such as distress upon crying or occasional detachment. Adoptive parents may not often connect with their infant through physical touch and language. Thus, attention is lacking. A parent who has an insecure attachment with their parent is susceptible to passing this down. Infants adopted at birth may also struggle to attach to their adoptive parents, and parents may not find it easy to jump into nurturing right away.

blogger’s note – in letters my mom’s adoptive mother wrote back to the Tennessee Children’s Home after taking my baby mom from Memphis TN to Nogales AZ by train indicate that she struggled to respond to my mom’s distress and it appears from what she wrote that she even resorted to a “calming” medication from her pediatrician to assist her.

Family First Always

Today’s story – my dear friend is fighting for custody of her biological nephew (both the child’s parents are incarcerated for abuse/neglect for now). The child is an infant and currently in foster care. My friend put in the work and was approved by children’s services to be a foster parent, but they won’t place the child with her. And now they are saying that the child’s current foster family is interested in adopting him.

An adoptive parent actually answers – Fight for that baby! Family first always! She needs to email and contact daily. Copy every person’s email she can put on a email. Don’t be overly aggressive but stern. Every time I see this it makes me so mad. Prayers the right thing is done.

Someone who was in foster care as a youth note – At least in my state, she could file a motion to intervene. Our children’s court judge ALWAYS places kids with approved family.

Another writes – Most likely state law and Child Protective Services policy both prioritize biological connections. Find the statues and policies (handbook should be online, or at least it is in my state) and have her cite them in emails to the worker and supervisors. She may need to get her own attorney to enter the case but if she can’t afford that, I would go to the court house and see if there is anything she can file herself to enter the case or petition for custody and get in front of the judge asap. Idk if it would help to offer to maintain a relationship with the foster family (doesn’t have to be long term, but don’t specify lol) to ease the transition.

Another has questions –  She needs to contact the state ombudsman and get them involved. Who said no? Contact their supervisor. Supervisor said no, go up the ladder. Is she in the same state as the nephew?

Another shares – Same state/country – different state/county? We had a similar situation with my “great/grand-nephew”, but also had ICPC (different state) placement to get through. The Social Worker for our state explained it to us that they are legally required to consider Family First placement. He was moved from a non-family placement to us at around 10 months. Sadly, baby’s mom and dad (my cousin) are unable or unwilling to parent the baby at this time, at least being placed with us we will foster that relationship in the future for him to connect/reconnect with his parents.

We were told multiple times things like this:

“that baby’s family (non relatives) has already been picked out”

Your involvement/help is not needed or welcome here

It is “all but signed off on for him to be adopted (at 3 months old)”

“maybe you can get the next one”

We persisted, because we wanted the social worker/agency to know there was a family placement option for him, should they choose it. We are currently foster parents/placement for him.

Childhood Trauma

This will not be news to most adoptees. Still the statistics don’t lie about what childhood trauma does to the child. Being separated from the family that we were conceived within will always have a layer of trauma built in.

The effects of adoption trauma include grief and loss, problems in relationships, struggles with identity and sense of belonging, or behavioral and academic problems. Adoption trauma can also sometimes lead to more serious mental health concerns, including anxiety, ADHD, and suicidal ideation.

Just Google “Adoption Trauma” and you will find abundant sources of corroborating information.

Adoption Fragility

Fragility is often called out in regard to adoptive parents. Today’s blog was inspired by a mother who lost her child to adoption. This mother admits – I am also fragile. It’s often pointed out in response to an adoptive parent’s fragility. I am working on this. What is helping is getting all the adoption conditioning out of my body, heart, mind and soul. It’s deep and intense yet this work is helping.

My image above came from a Facebook page called LINK>The Open Adoption Project which focuses on improving adoptee experiences by encouraging open communication. Regarding this situation, they say “Sometimes, tragedy turns to triumph.” They note, Stevoni, the mom that Aymee is referring to, was struggling with drug addiction when her kids were removed from her care and placed with her ex-husband’s wife, Aymee. Stevoni’s parental rights were eventually terminated. Aymee adopted the kids. There were years of struggle and heartache with Stevoni going in and out of prison. Stevoni and Aymee eventually laid aside their differences for the kids. The Open Adoption Project says the two have formed one of the most admirable open adoptions we’ve seen. Stevoni now helps incarcerated individuals recover from their own addictions and is an active part of her kids’ lives.

So back to the original comment – Adoptive parents often get called out regarding their fragility. She says, I rarely see them change. Then, goes on to share her theory (while hoping she’s wrong).

Emotional manipulation of your adopted child/adult (withholding important information from them in relation to their biological family, guilt trips, passive aggressive behavior, savorism, jealousy, ownership, etc) is not because you are blind to your mind games, these behaviors are intentional.

Why? Perhaps because it is dynamic and this behavior has been in place from Day 1. The adopted child is groomed to feel responsible for your feelings. You like this dynamic because it makes you feel better.

Here’s the thing. Mind games are not Love. So if you are fragile and choosing to not deal with it, this is not love. It’s dysfunctional and extremely harmful. If you truly love your adopted kids, work on this. It’s not that hard but it does take work.

I spent a week in Oregon at Jean Houston’s house and she talked about that John Lennon song, Mind Games. The lyrics reflected John’s interest in a book with that title by Robert Masters and Jean Houston. The book stressed tapping into our mental potential to effect global change. So, just because, here is the song.

Is It A Just-World ?

Because I really do love trees, this image tugged at my heart. A new term for me – the Just-World Fallacy. It is often used to blame victims and excuse abusers.

In spiritual circles, one might hear re: adoption, “It was in your soul contract. You agreed to it.”

I am a spiritual person and I do have some belief in soul contracts but not as binding devices that eliminate free will choices and decisions.

Getting real – an infant can NOT consent to being adopted. Pre-birth? Who can really know ?

Generally, the responsible parties are the mother and the father. One or both may have been pressured or coerced, as in my mom’s adoption where Georgia Tann was involved. That is clear from information in my mom’s adoption file, which was given to me by the state of Tennessee as a descendant who’s parent was affected by Tann’s practices. My mom always thought she had been stolen. Politely, she would describe her adoption as having been inappropriate.

My dad’s father probably never even knew he was a father. He was a married man involved in an affair. My grandmother, the self-reliant person that she was, simply took care of her circumstance. She gave birth in a home for unwed mothers run by the Salvation Army and was subsequently hired by them and transferred from Ocean Beach, California to El Paso, Texas. The Salvation Army then took custody of my dad and adopted him out.

If my parents did have any kind of soul contract pre-birth, it was probably to meet and marry but it would take getting adopted to achieve that outcome or at least the way the situation played out in their real lives.

This leaves me definitely on the fence about whether their soul contract with one another included the necessity of getting adopted. Hmmm. I do know it seems like adoption was necessary for me to exist. So there’s that. Could it have happened another way ? I have to admit to that as well.

So back to that Just-World Fallacy. It is termed a fallacy because clearly in individual circumstances and events, justice is never a certainty. It is defined as a cognitive bias that assumes that “people get what they deserve” – that actions will necessarily have morally fair and fitting consequences. In spiritual circles, it could be termed cause and effect or even karma. “Just-World” has believers because people have a strong desire or need to believe that the world is an orderly, predictable, and just place. Related beliefs include – a belief in an unjust world, beliefs in immanent justice and ultimate justice, a hope for justice, and a belief in one’s ability to reduce injustice (which is what motivates any kind of activist and motivates my writing this blog).

In spirituality, we believe in a larger, broader view of how justice manifests. And always, we hope for an evolving and maturing humanity that rises above. I liked this graphic on empathy.

Seven Core Issues

I’ve not actually read this book but learned about it today. It comes highly recommended by many and who have actually read it and is rated right up there with The Primal Wound and Twenty Things Adopted Kids Wish Their Adoptive Parents Knew. Also Being Adopted: The Lifelong Search for Self. So, I thought I should share it. I was happy to see that the book also covers Third Party Reproduction (in fact the book includes donor insemination and surrogacy).

Originally published in the 1980s, it was ahead of it’s time. One adoptee says, it is something that I wish my adoptive parents had read. The new edition has been updated and was released in 2019. The seven core issues are loss, rejection, guilt and shame, grief, identity, intimacy, and mastery/control.

One person familiar with this book said it was “A classic and foundational to the way I think about these issues and the importance of reform in adoption practices.”

At Amazon it is said – “the first conceptual framework of its kind to offer a unifying lens that was inclusive of all individuals touched by the adoption experience.” It is further noted that – “Attachment and trauma are integrated with the Seven Core Issues model to address and normalize the additional tasks individuals and families will encounter.” The book also claims to access “a range of perspectives including: multi-racial, LGBTQ, Hispanic, Asian, Native American, African-American, International,” as well as those that cover openness, search and reunion.

Penny Callan Partridge, Co-founder in 1973 of the Adoption Forum of Philadelphia, wrote – “For decades, I have been responding to these ‘seven core issues’ as an adopted person, as a parent by adoption, as a poet. Now I imagine myself as a therapist trying to help someone in the adoption constellation. I would definitely want this book close at hand.”

Another, Keith Silverstein, a voice actor and adoption advocate, noted – “As an adopted person, I’m very familiar with the seven core issues, both comprehensively and experientially. Yet even with my prior knowledge, there was a deeper understanding to be attained through the pages of this book. Having had the pleasure to work with and consider both Sharon and Allison my friends, I’ve seen first hand the passion they have for adoption and helping children find permanence. Their collective expertise, contained here, is, in my opinion, the gold standard for understanding and working towards permanence in adoption.”

The Goal Is Reunification

Officially it is. However, too many foster parents do it as a means of adopting a child in a market with limited availability. As one former foster care youth notes – “I keep telling everyone reunification is lip service and the younger kids never get reunited.”

The New Yorker has an article out in collaboration with ProPublica – When Foster Parents Don’t Want to Give Back the Baby by Eli Hager. The subtitle reads – In many states, lawyers are pushing a new legal strategy that forces biological parents to compete for custody of their children.

In this story, a typical couple who’s infant ends up in foster care, actually decided to do the “hard work” to get their baby returned to them (the infant had been placed with foster parents). The couple had met every one of the judge’s requirements, and then some. They’d tested negative on more than thirty consecutive drug screens between them, including hair-follicle tests that indicated how long they’d been clean. They had continued to visit their son weekly, even when due to the pandemic that meant Zoom. The father took a job as a maintenance man for the county, installing plumbing in low-income housing and mowing the fairgrounds. The mother quit working in a bar and began delivering mail for the U.S. Postal Service plus manning the deli counter at a grocery store on her days off. They spent much of what they earned replacing carpets, repainting walls, and fogging air ducts to remove any lingering trace of meth from their one-story house. They had completed parenting lessons and were in therapy, getting support for their sobriety and learning how to be better partners to each other. In other words, the foster-care system, whose goal under federal law is to be temporary, in service of a family reuniting, seemed to be working.

Then, after being sober for 6 months, another requirement was added – an expert evaluation of how well they interacted with their son. What they didn’t know was that they would be competing for him. His foster parents, hoping to adopt him, had just weeks earlier embraced an increasingly popular legal strategy, known as foster-parent intervening, that significantly improved their odds of winning the child.

The background is this – it has become harder and harder to adopt a child, especially an infant, in the United States. Adoptions from abroad plummeted from twenty-three thousand in 2004 to fifteen hundred last year, largely owing to stricter policies in Asia and elsewhere, and to a 2008 Hague Convention treaty designed to encourage adoptions within the country of origin and to reduce child trafficking. Domestically, as the stigma of single motherhood continues to wane, fewer young moms are voluntarily giving up their babies, and private adoption has, as a result, turned into an expensive waiting game. Fostering to adopt is now Plan C, but it, too, can be a long process, because the law requires that nearly all birth parents be given a chance before their rights are terminated. Intervening has emerged as a way for aspiring adopters to move things along and have more of a say in whether the birth family should be reunified.

Intervenors can file motions, enter evidence, and call and cross-examine witnesses to argue that a child would be better off staying with them permanently, even if the birth parents—or other family members, such as grandparents—have fulfilled all their legal obligations to provide the child with a safe home. Regarding our unfortunate couple, the evaluator who is a social worker reported “Neither parent has the kind of relationship with (their son) that will help him feel safe in a new situation.” The mother was bewildered when she read the report. Didn’t the evaluator understand how hard it is to bond with a baby you’ve only been allowed to see a few hours a week. Why was the baby’s eye contact with her described as lacking “affective involvement”? She also opposed the baby being returned to his parents on the grounds that the foster-parent intervenors had reported that he pitched fits and struggled to eat and sleep after seeing them.

It turned out this social worker had a long-standing independent agenda: helping foster parents succeed in intervening and permanently claiming the children they care for. No wonder some people feel the system is rigged against them. Relying heavily on this expert assessment, the county moved to permanently terminate the parents parental rights. In the 1950’s, the British psychoanalyst John Bowlby posited that being separated from a maternal figure in the first years of life warps a child’s future ability to form close relationships. The the American Academy of Pediatrics has concluded that kids who grow up with their birth family or kin are less likely than those who are adopted or are raised in non-kinship foster care to experience long-term separation trauma, behavioral and mental-health problems, and questions of identity. It’s not acceptable in most family courts to explicitly argue that, if you have more material (financial) advantages to provide for a child, you should get to adopt him or her. 

Ultimately, even though the couple had complied with their treatment plans, the filing concluded, their son had been in foster care for three years and needed “the permanence that only adoption can afford him.” However, his parents fought back. They filed an Open Records Act request, and soon received dozens of invoices. In all, their tiny, unaffluent county had spent more than three hundred and ten thousand dollars on their son’s case. An internal investigation found improprieties in the handling of the case. The trial was cancelled, and, the county finally dropped its case. Then, his mother joined other birth families in testifying in favor of new state legislation that would give biological relatives more priority in foster-care cases and prevent foster parents from intervening, until they had cared for a child for a year. In August, that law went into effect.

There are a lot more details in the article, if you are further interested. PS it is possible to get around the paywall with a bit of persistence and read the article in full.