When Adoptions Fail

Joyce Maynard with the two Ethiopian daughters,
ages 6 and 11, she adopted in 2010. 

Famous moms like Angelina Jolie, Madonna and Charlize Theron make adoption look easy. In as many as a quarter of adoptions of teens, and a significant number of younger child adoptions, the parents ultimately decide they don’t want to keep the child. But what happens, and who’s to blame, when an adoption doesn’t work?

Writer Joyce Maynard revealed on her blog that that she’d given up her two daughters, adopted from Ethiopia in 2010 at the ages of 6 and 11, because she was “not able to give them what they needed.”

Other cases have been more outrageous, like the Tennessee woman who put her 7-year-old adopted son on a plane bound for Russia in 2010 when things went south. Recently she was ordered by a judge to pay $150,000 in child support.

In the adoption world, failed adoptions are called “disruptions.” But while a disruption may seem stone-hearted from the outside, these final anguished acts are complex, soul-crushing for all concerned and perhaps more common than you’d think.

On her blog, Maynard wrote that giving up her two adoptive daughters was “the hardest thing I ever lived through” but goes on to say it was absolutely the right decision for her – and the children. Yes, she has been severely judged by some people. She says, however, that “I have also received well over a hundred letters of a very different sort from other adoptive parents – those who have disrupted and those who did not, but struggle greatly. The main thing those letters tell me is that many, many adoptive parents (and children) struggle in ways we seldom hear about.”

Statistics on disruption vary. A 2010 study of US adoptions found that between 6 percent and 11 percent of all adoptions are disrupted before they are finalized. For children older than 3, disruption rates range between 10 percent to 16 percent; for teens, it may be as high as 24 percent, or one in four adoptions. Adoptions can take anywhere from a few months to a couple of years to become final – and that window is when most disruptions occur, experts say. While some families do choose to end an adoption after that, those cases are rarer (ranging from 1 percent to 7 percent, according to the study).

Disruption rarely occurs with infants. It occurs more often (anywhere from 5% to 20%) with the older children. That is because the complexities of parenting a child who already has life experiences and certain behaviors is more complicated. When a child is rejected and traumatized early in their development, it changes the way they function and respond to people. Older children – especially ones who have been neglected, rejected and abused will often distance themselves from other people and develop a hard-shell.

According to the study, the older the child is at the time of adoption, the more likely the adoption will fail. Children with special needs also face greater risk of disruption, particularly those who demonstrate emotional difficulties and sexual acting out. Certain types of parents are more likely to end up giving up adopted children. These include younger adoptive parents, inexperienced parents, and parents who both work outside the home. Wealthier parents and more educated mothers are also more likely to disrupt an adoption. There is less tolerance, if someone’s more educated or they make more money,

What happens when a parent decides to give up an adopted child?

If a child has been adopted legally, then it’s like giving up a birth child. The parents who adopted the child have to find a home for the child or some other resources. That could be the adoption agency or the state (who would most likely put the child in foster care). If the parents decide to end the process before the child has been legally adopted, the child would then likely go into foster care. International adoptions follow the same rules, except the adoption agency usually notifies the country that the adoption has failed, however, returning the child to their country of origin is never an option.

If an adoption fails before the parents become the formal, legal parents of the child, the courts usually aren’t involved. If the adoption has been finalized, however, then the parents must go to court. A dissolution – sometimes referred to as an annulment – takes place after a child is formally adopted by a set of parents. The law treats these situations very seriously. States vary on their handling of these situations. Generally speaking, a parent will petition the court where they adopted the child asking to un-adopt them.

Disruption is never easy for the child. It takes an extreme toll and can cause lifelong issues of distrust, depression, anxiety, extreme control issues and very rigid behavior. They don’t trust anyone; they have very low self-esteem. They’ll push away teachers and friends and potential parents and if you put them in another placement and they have to reattach again and then if they lose that placement, with each disruption gets tougher and tougher.

If you are a hopeful adoptive parent – be careful what you wish for. Some adoptive parents believe are will be able to help a child and sometimes, to some adoptive parents, this means changing the child. They believe that if they just love the child enough . . . Truth is, it takes so much more than love. It may be harder to handle than you ever thought possible in your fantasy dreams.

Inspired and borrowed from Today’s – It Takes More Than Love.

I Want To Annul My Adoption

The title of today’s blog comes directly from an adult adoptee. When questioned about why she would want this now, she replies –  I’m tired of being forced to live under false pretenses.

Parties who can reverse an adoption usually include the birth parents, adoptive parents and the child being adopted. In order for an adoption to be reversed, a petition must usually be filed by one of these parties and the court must be convinced of a compelling reason to reverse or annul the adoption. This is usually weighed under the legal standard of the best interests of the child.

An adopted child may wish to have his or her adoption vacated. They may wish to change this status when they are natural adults due to poor relationships with the adoptive parents or because they wish to reestablish contact with their birth parents.

Once the adoption has been reversed, the child’s birth certificate is changed to reflect its original state before the adoption.

Certainly a person who was an infant or minor child at the time of the adoption was obviously not able to consent to it and so an adult adoptee should be able to accomplish this, if that is their wish.

To annul an adoption requires legal representation and it’s expensive. A simpler and easier step in that direction is to request a legal name change. And just doing that is empowering.

And many adoptees do want their original birth certificate.  This is becoming more possible in about half of these United States. That in itself does not erase the validity of the birth certificate changes as part of a legal adoption.

One woman who has actually been looking closely at this writes – You’d have to be re-adopted again by your birth parents. You don’t have the option of annulling and reinstating your original birth certificate and identity, which seems wrong. You aren’t allowed a birth certificate without parent names.

She goes on to express her personal opinion – Adoptees should have the option of annulling an adoption considering most of the time we didn’t even consent to it in the first place. Why should I have to honor a contract, that alters who I am, made on my behalf without my consent for the rest of my life?

This is potentially a civil rights and human rights issue. Many adoptees object to the childish way they are treated like less than full citizens, with different rules applying to them to make them less than other people.