Legal Standing

Today’s story (not my own) – I’m completely distraught because my 2.5 year old nephew is being adopted by his foster parent. She has legal standing over us cause she’s had him over a year. I didn’t even know there was such a thing as foster parent standing. Regrettably we weren’t in a position to be able to take him in at the time he entered care (at age 1) and I will never forgive myself for that. I won’t go into details but I was going through my own struggles at the time and it wouldn’t have been fair for anyone, including my nephew and 4 young kids. But I torture myself day and night about it. Especially now….

My sister, my nephew’s mom, was murdered the day before Thanksgiving. She was in rehab for months last year. Following her plan and trying so hard. We truly thought she was getting him back and that we wouldn’t need to intervene. If only we knew then what we know now, everything would be different. Caseworkers, GAL, supervisors, lawyers were all no help. “Standing” and “bond” was all they kept saying. Lawyers wouldn’t even take the case; they advised me not to try to get custody because the foster parents would win and then our relationship would be damaged. Was I in the wrong here for trying to do this? Isn’t being with family what would be best for him long term? I understand he will have trauma either way unfortunately. But we did say if he came to us, the foster parents could still see him a lot too!! Hoping that would help him with the transition. With us, he could see his siblings, father, grandparents, etc more. He would have genetic mirroring. He would know all of his family history. We’d be able to tell him stories about his mom. How does a 1 year relationship with a foster parent trump a lifetime with biological family?!

The foster parent claimed she was gonna be “so open” and said “you’re not losing him.” All lies. She’s already stopped all communication, blocked me on Facebook, and refuses to allow me (and his grandfather) visits. How could someone treat a grieving family this way? I was never anything but kind to her! We are his safe, healthy, loving family. I can’t tell you how heartbroken I am. He is her first foster child and I should’ve seen this coming. When she found out we wanted to get custody, she said in a text to my mom, “I’m aware of the emails/calls/efforts but after nearly 18 months with me, I’ve been assured that it’s futile. Frankly it is very disappointing because I have been open about everyone staying in his life.” SHE’S disappointed? All our family feels is emptiness.

My mom has my nephew’s sister (since she was a toddler, now a young teen) who is devastated about this adoption as well. Everyday is a nightmare and everything feels hopeless. I already lost my sister and now I’m losing my nephew. It hurts so much some days that I don’t think I can endure it.

One adoptive parent suggested – File a motion to intervene with the county courts. Show up to all hearings and fight! It is required by law to rule out biological family first and most of the time that wins out over the child’s temporary bond with their foster parents.

One who was fostered from birth and later adopted notes -Self-centered people hang on very tight when they have a child that they assume will be “theirs” someday. The system is not about the child’s welfare. Sometimes it is about who has more money. That is the gold standard. In the larger scheme and meanings of life, money matters more than our genuine family members.

It Really Is NOT Fair

Anne Rudig writes “I’d like to know who my parents are.” in The Guardian. My adoptee mom wanted to know as well but was thwarted by the state of Tennessee at the time she tried. After her death, I discovered that the state of Tennessee had changed its laws for the victims of Georgia Tann’s unscrupulous practices. I tried to get my mom’s original birth certificate from Virginia and my dad’s (also an adoptee) from California and in both cases – the answer was NO without a court order and that means an expensive attorney and no guarantee of success. Fortunately, I found other ways to get my own desire fulfilled.

Anne goes on to say, “Like countless other adoptees in the US, outdated laws mean I still don’t know my parent’s names, ethnicities and medical histories.” The medical information was part of my own mother’s concerns as she had a condition that the doctors were having a difficulty diagnosing. Until I learned something about my grandparents I always had to say, I don’t know because my parents were both adopted. I only knew what showed up in their lives. Now I know my paternal grandmother had surgery for breast cancer.

Anne has had similar experiences – The medical history on my side of the family is solid white space. Each time I encounter a new doctor, the conversation is pretty much the same. “I see you have no family history for major illnesses – cancer, heart disease, stroke. That’s great.” “No, I have no family history.” Then follows an awkward moment as confusion travels across the physician’s face. I break the silence between us. “I was adopted.”

I read Anne encountered the same difficulties with the state of California that I did – “In some private and all closed adoptions the original birth certificate is sealed by the state of California. The only way to see it is to hire a lawyer and petition the court with a ‘very good reason’ to unseal. When I asked a clerk in Marin County, California, he couldn’t give an example of what a good reason might be, but he did say that wanting to know my origins wasn’t one of them.”

She goes on to say – “At the age of 69, I am not allowed to see my original birth certificate or know the basic facts of my origin. The names of my original parents, their ethnicities, vocations, countries of origin, ages, places of residence, and attending physician – all remain hidden. I want the date of my birth confirmed. I want to know where I came from. I want to know my original mother’s name. My adoptive parents are long gone. My original ones have likely passed too. Who is this law protecting, and from what?

In fact, I tried to make the same argument without success. All of my adoptive grandparents were dead and both of my parents were dead and yes, it was likely my original grandparents were dead too. Eventually, I came to the conclusion it is about money – about the state having to hire extra people to vet and dig up the records and copy them, etc for the descendants and/or still living adoptees. It’s about tax money and where it gets spent.

Anne asks – So why are states still sealing adoptees’ birth certificates? Sealed birth certificates obliterate our identity and origins – the exact things most people take for granted. The goal of closed adoptions is to turn the adopted child into a blank slate, ready for fresh imprint. But no baby is a blank slate. We all come with history, ancestry, fathers and mothers. And many of us don’t want to search; we just want to know.

My first husband and I conceived in the early 70s and didn’t know the sex of our baby until it was born. Still, we seemed somehow convinced we would have a son and when the baby we had turned out to be a daughter, we were surprised. I remember the nurses had to tell me 3 times that this baby was my daughter.

Anne shares – an over-eager sonogram technician led us to believe I was carrying a boy. While my pregnancy progressed, we selected a handful of boys’ names. In the delivery room, my doctor announced, “You have a beautiful baby girl.” My husband looked confused. “You’d better check on that.” So, when our daughter arrived there was a white space on her birth certificate, where her name should have been. We spent a week trying out names for her. 

Anne ends her essay with this truth – Sealed birth certificates were meant to protect adoptive parents from the embarrassment of infertility, the original mother from the shame of unwed pregnancy, and the child from the label of illegitimacy. None of this is necessary anymore, nor does it justify hiding personal information from adoptees. Forty-one states still restrict access to birth certificates through laws that date back as far as the 1930s. (blogger’s note – my parents were mid-1930s adoptees.) It’s time to repeal them. If not for me, then for my children, and perhaps theirs – and for all the children who will be adopted in the future.