Childcare Boxing Day

A foundational backbone for financially challenged families to keep the wolf of Child Protective Services away from their doors and children is access to affordable child care – 24/7 regardless of holidays.

Not as often celebrated in the United States, today is Boxing Day – a holiday celebrated after Christmas Day. Originating as a day to remember, by gifting, those people who support our everyday lives. In the 1800s, the rich in Britain used to “box up” gifts for people, especially their servants and helpers, and present these gifts to them on the day after Christmas, thus earning the day its name, “Boxing Day”.

In addition, during that time, churches used to collect money from their congregations throughout the year in a box, and then “un-box” the money after Christmas Day and hand it out to the poor as alms and charity. Thus, the day after Christmas got this identity. Daycare may not be a charity but it is a kind of charity for all those people who must continue to work throughout the holidays. Nurses, store clerks, law enforcement (by the way, most of these people are NOT highly paid) etc.

An interesting point to note about Boxing Day is that it coincides with St Stephen’s Day, a day that honors the death of a Christian martyr. One of my favorite Christmas carols is Good King Wenceslas which tells a story of a Bohemian king who goes on a journey, braving harsh winter weather, to give alms to a poor peasant on the Feast of Stephen (December 26). Blogger’s note – my husband’s name is Stephen and that is probably the whole reason I became enamored with this song. Anyway, during the journey, the king’s page is about to give up the struggle against the cold weather, but is enabled to continue by following the king’s footprints, step for step, through the deep snow. The legend is based on the life of the historical Saint Wenceslaus I, Duke of Bohemia (907–935). Good King Wenceslas has a rich history, appealing medieval feel, and bone-chilling winter imagery.

Romanticized Christmas Adoption

It’s everywhere, not only at this time of year but throughout the year. One adoptee wrote – be aware of your Christmas movie viewing. The orphan/adoption plot line is strong this time of year! you may be looking for Christmas movies to view with your children. I have personally decided to use this as an opportunity to teach my kids about my adoption status, and help empower them to be educated non-adopted members of society, and hopefully avoid their desensitization/romanticized experience of others’ adoptive storylines. Join me in my campaign to keep the trauma-aware population growing! (Yes, I am part of such a campaign !!)

Regarding Christmas Princess on Amazon Prime: a former foster care youth adoptee whose adoptee status is her vehicle to position herself as a Rose Bowl Parade princess. There are flashback scenes to her addicted first mother’s neglect, their home removal, and some overt/horrifically blatant guilt tripping from her adoptive parents. (The adoptee says – I’m not being sensitive…when she is wrestling with her attachment issues and then *surprise* is approached by her birth mother, she tells her adoptive parents about it. Her adoptive dad says “it’s like you don’t appreciate everything we’ve done for you! When will you learn we’re you’re family!” Pretty tough to watch for me and they just gloss over it like that was excellent parenting and she’s the one with the problem. Needless to say, I was triggered – which doesn’t happen all that often for me.)

The adoptee adds this side note – as a kid I had an obsession with orphan stories. (Blogger’s note – it is interesting that I was too but I thought my adoptee parents were orphans when in reality they were not – there were families out there living lives we were unaware of.) I read every tragic book I could find, and was not triggered—only intrigued—by the plethora of stories I found (in my desire to romanticize my situation.) So, I’m not saying don’t let them watch potentially triggering material. I mean, by all means, if you know they have a trigger, for the love of everything, please respect that. Not all kids are able to articulate their reactions, so I’m just saying, as in all good parenting: be alert, be aware, be available to talk it out. Literally pause the movie and say “that was completely out of bounds for him to be guilting her like that. It really rubbed me the wrong way. What do you think?” and follow it up with intentional discussion “why do movie makers seem to gravitate toward adoption stories? What do you think that’s about? How do you feel about that?” or “do you like movies that involve adoption? Do you ever relate to the characters? I find myself sympathetic to the adoptive mom, I don’t want her to feel rejected, but even more so, I find myself feeling protective of the kid. The top priority should be their well-being, right?” Engage engage engage! If they happen to open up to you, please please be encouraging and sympathetic in your response!!! If I had felt free to express all of my curiosity, emotion, feelings of rejection without dismissive “How could you not feel lovable?! We love you SO much!” I would have processed much of my adoption better along the way.

Other themed Christmas movies – Rudolph The Red Nosed Reindeer – the island of misfits, Santa Paws (note – my wife watched it and was surprised it has a foster care theme, with it showing the foster mom as mean and evil.), Elf (Buddy is a late discovery adoptee who learns he is not in fact an elf like he had always believed, despite it being very obvious because of his physical size. The whole movie is about reunion with his father and there are some hard rejection moments in there.), Annabelle’s Christmas Wish (is about a boy who is orphaned and lives with his grandfather. There is holiday magic but also an entire plot about how his wealthy aunt is weaponizing Child Protective Services to take the boy away). There are probably others, this is just a short list offered so far.

From an adoptive parent who adopted from foster care – I’m pretty sensitive when adoption is part of a story line, and always concerned about how my adopted child will feel upon watching movies centered around adoption. But yes, my daughter is very intrigued by adoption stories and it gives us a chance to discuss healthy vs. non-healthy relationships and how no two families are the same. She doesn’t yet know everything that happened to put her into foster care. I appreciate hearing adoptees’ perspectives to know how to better navigate parenting her.

Beyond Cruel

Sometimes it is unbelievable –

Would it be good or bad to acknowledge to the young adoptees or the natural mom the day they got separated? Not a celebration at all, but like acknowledge a death date? I don’t think either one is consciously aware of the date, but I know their bodies remember. We have done nothing throughout the years, but we are in a much better place with the natural mom now and the children are older, and just wondering if reminding them would be cruel or like recognizing the elephant in the room.

Some replies –

Would YOU want to be forcefully reminded of your relinquishment/choice to relinquish every year?? No. This seems cruel to think of and remember.

Seems an odd thing celebrate. I lost 4 kids to child protective services. I have two of those I am now able to parent and am in reunion with the 2 oldest, who are now mature. No one among any of us has ever mentioned the date they were taken, or the last good bye visit date etc and I certainly do not know it, People don’t tend to want to remember/celebrate negative events. If someone dies, you may remember their birthdate openly but not the death of their date (other than perhaps privately in the sorrow of your heart – definitely not as a celebration). My daughter had our reunion date tattooed on her arm, Find something positive to celebrate, if you must.

Being forced to surrender my newborn was the worst, most traumatic day of my life. I have C-PTSD (complex post-traumatic stress disorder) in part because of the experience. The last thing I would want is some sort of remembrance or it made into an occasion.

I remember that day as if a national tragedy occurred (for me and my child it was). I remember the last day I held him, I remember the day the adoptive parents cut contact. Now it is a season of deep depression and sorrow every single year when it rolls around.

Beyond cruel. Borderline evil. This is the damned problem with y’all (y’all being adopters). Y’all are so out of touch and lack a drop of understanding of anyone else. It was a happy day for you. You got to steal someone’s child, erase their identity and claim to be their mom. You aren’t, btw. They have a mom. It’s not you. But what on earth would make you think they want to be reminded of the day their family was permanently destroyed and that some random stranger decided they were now mom?

You’re trying to make the mom acknowledge the date too ? Its a very traumatic time for both and referring to it as a time of their bonding death is just …..I’m not sure I have words in my vocabulary for what that is. It’s like you’re saying they are dead to each other now and you would like to remind them both of that.

Have this information written down for the children because they may want to have that information some day, if they have an interest in piecing together what happened to them. That is all. If you happen to see that the kids or their mother is struggling around this time give them space for their grief. I’m not sure that poking this wound would be beneficial for anyone – however well intended.

It got through and she said – I will back off. I will definitely not be bringing it up.

Being forced to surrender my newborn was the worst, most traumatic day of my life. I have CPTSD in part because of the experience. The last thing I would want is some sort of remembrance or it made into an occasion.

Tragic

Angel and her Grandmother

Hers is a clear case of all that is wrong with foster care and the family court system. Monica Dunning, Angel’s grandmother, had successfully completed the foster parenting classes and background checks to become a licensed kinship foster care home. Dunning was seeking to be named her granddaughter’s guardian.

Angel’s mother died in a car crash on Halloween 2016. Dunning said that Angel was placed into child protective services in Tennessee the very next day because of a “no contact” order with her father. Dunning said her daughter was divorced from Ahearn at the time of her death. Allegations of domestic violence led to the court order that prevented him from seeing Angel. The girl passed through eight to ten foster homes in Tennessee over the next few years. Instead of being placed with her grandmother, Angel’s father was awarded custody of her on May 3, 2021.

“It’s heartbreaking that I feel like me and my family were absolutely robbed from the time that my daughter passed away. We just, we had very, very limited contact. And there was absolutely no reason why she couldn’t have come here,” Dunning said. After her father gained custody, she was no longer aware of Angel’s whereabouts until she got the call on October 18th that let her know that her granddaughter was dead.

A third-party caller claiming to be Rachel Hollifield’s aunt said in the 911 call that for the past year her niece had repeatedly tried to run away from Leonard. She was not sure what triggered the shooting incident. The woman’s aunt told the dispatcher – she heard a scream in the house followed by gunshots and then it got silent while she was on the phone.

In his Georgia home, Leonard Ahearn first killed his daughter, Angel Ahearn, who had just turned 12. Then he shot Rachel Hollifield, his girlfriend, in the hand. Finally, he turned the gun on himself. Angel died at the scene. Leonard and Hollifield were transported to a hospital. Leonard later died from his injuries. Hollifield is expected to recover.

Dunning was particularly frustrated because she had invested time and money to undergo the process to authorize her to care for Angel, in a home where Angel would have been safe. She said it seemed as if the officials in charge of Angel’s case “would place [Angel] with anybody” but her maternal grandmother.

Fathers And Custody

One of the cultural changes that has come to pass is fathers asserting their rights when faced with the loss of custody for their child. I am happy today because one battle has finally been hard won. It had been a 6 month battle that cost over $35,000 in legal fees. The judge awarded sole custody of the baby girl to her dad. Everyone is over the moon happy for him.

Today, I read about another father who was lied to about his child. I wonder how often this might happen, more often than I once thought. The way his father found out his daughter was alive was when an adoption agency lawyer called him to ask if he knew about his daughter’s birth. His ex had told him the babies (she had been expecting twins) were stillborn. DNA test results were that 99.9999% she is his daughter. The judge sided with the hopeful adoptive parents who have a 5 bedroom house with a pool, backyard and front yard plus grandma and grandpa living there too. His parental rights are due to be stripped and he will never get to meet his daughter. He mourned the death of twins he thought were stillborn for a year. Now he will lose his daughter again, after never even meeting her.

In more conventional custody situations, as of 2018, nearly 4 in 5 custodial parents were mothers (79.9%). But the statistics go deeper than that: Not only does the mother get custody of the children more often, the parents agree in more than half the cases (51%) that the mother should have custody. However, the number of children living with their father has more than quadrupled from 1% in 1968 to 4.5% in 2020. Many divorced fathers would prefer to have custody of their children but are not actually awarded custody. 65% of the time the female parent is awarded custody.

Personal confession – I was awarded custody of my daughter in my divorce case. However, due to financial hardship (with no child support asked for nor rendered), my daughter was raised by her dad and a step-mother. It was simply an agreement that to the best of my knowledge was never court ordered. It was not an easy role in the 1970s to be an absentee mother. Thankfully, I continue to have a good relationship with my daughter and her assistance to me when my parents were dying can never be adequately repaid but continues a source of deep gratitude for me.

Within the legal family court system, women are viewed as generous, trustworthy and friendly and there is a belief that they will have more time to spend with their children but this is not the reality in either single mother families or in families where both parents work. As of 2015, joint-custody arrangements were more common than sole paternal custody but less common than sole maternal custody. With regard to joint-custody arrangements: occurrences of domestic violence on the part of husbands was reduced.

It is surprisingly easy to find stories of fathers having to fight for custody against adoptive or foster parents. In a case I had looked at before, which was ruled just this 2022 year, the father had sought custody in a divorce petition filed in Iowa before his then-estranged wife gave birth. A judge ordered DNA testing and prohibited the child’s permanent placement or adoption. She gave birth in Michigan and a judge terminated parental rights of the birth mother and father, who was considered a non-surrendering party because he failed to respond to a generic legal notice published in a newspaper. The Michigan Supreme Court justices said the case presented challenging legal issues, with some concerned about the father’s due-process rights. Even so, the state’s Supreme Court sided with the adoptive parents of the nearly 4-year-old boy whose birth father had sought custody. That court reversed a decision by a state Court of Appeals panel that said the birth father’s parental rights were wrongly terminated, which provided the birth father with a chance at gaining custody.

If the topic interests you, you may wish to read this analysis – LINK>The Strange Life of Stanley v. Illinois: A Case Study in Parent Representation and Law Reform provided by the NYU Review of Law & Social Change – Legal Scholarship for Systemic Change. Thankfully, there has been dramatic and important growth of parent representation in child protection cases. In Stanley, the Supreme Court addressed Peter Stanley’s efforts to regain custody of his children from the Illinois foster care system after the death of his partner, Joan Stanley, to whom he was not married. Stanley became a canonical case regarding the rights of unwed fathers, and, crucially for the child protection field, it included a broader holding that only parental fitness can justify state action to remove children from their parents’ custody.

Reproductive Justice

And Reproductive Justice MUST include adoptee voices because adoptees are intimately familiar with the same systems of white supremacist violence that make reproductive justice necessary. Today’s blog is thanks to an op-ed by Tina Vasquez in LINK>Prism. The goal of this series about reproductive justice and adoption was simple – disrupt the adoption storytelling that has become the norm in mainstream media. These feel-good stories from the perspective of adoptive parents rarely include the voices of adoptees or question the preponderance of “cheap, easy, and fast” transracial and international adoptions by evangelicals that amount to little more than child trafficking.

No more salvation narratives. No more narratives of gratitude. No more framing adoption as a “win-win.” No more white saviors. We will question adoption as a system—its power dynamics, its economics, and its privileging of certain “reproductive destinies.” “Out of the Fog” is a phrase adoptees often use to describe facing the reality of their adoptions.

LINK>Operation Stop Child Protective Services (CPS) was founded by Amanda Wallace. She spent 10 years as a child abuse investigator before realizing that “she had become the silent enforcer for an oppressive system.” She now lends her insider knowledge to families navigating the system and trying to regain custody of their children.

About 27% of adoptions are transracial, according to a recent survey from the Department of Health and Human Services: birth mothers are disproportionately women of color, and adoptive parents are overwhelmingly white. Low-income Black and Native American children are the most likely to be separated from their families. Poverty is often interpreted as neglect when applied to these people.

When Roe v. Wade was overturned in June, white evangelicals wasted no time communicating their desire to take the babies that result from forced pregnancies. Never mind that most people denied abortion care simply become parents and that there is little evidence linking abortion bans to increases in adoption.

Time and time again, the solution offered to state violence is adoption, yet we fail to center adoptees whose lived experiences and areas of expertise touch every injustice and systemic problem our movements battle against. This is especially true when it comes to reproductive justice. While efforts are being made to explicitly discuss adoption as a reproductive justice issue, adoptees’ voices are still not being uplifted in these conversations. Adoptees are building their own movements—including Facebook groups like LINK>Adoptees for Choice—but will movements for sexual and reproductive health, rights, and justice invite them into the fold?

It’s The Insecurity

Two people talk about seeing their daughter but the adoptive parents won’t let them now, even though they agreed to an open adoption. If you are an expectant mom being given promises of an open adoption, I would caution you not to believe them. It is so common for an adoption that starts out “open” to quickly become closed. Some adoptive parents are so insecure. It seems like they are afraid that when the real parents are in the picture, the kid will love them too much and that it’ll just remind the child that the adoptive parents aren’t the real parents.

From an adoptee and former foster care youth who is in love with someone who is a First Dad. His ex gave the baby up out of spite and religious differences. It was an open adoption and they involve his ex but not him. He has to beg for updates and has never seen his daughter. He doesn’t know what to do and feels helpless because they are lawyers with lots of money.

This happens a lot with foster care adoptions. Sometimes it’s offered as a deal – if the parents sign away their rights, they get a say in who adopts their child, or they get to keep the older child and are promised an open adoption with the baby. Some parents don’t even bother trying to get their kids back, they just sign away their rights. Willing relinquishment is rewarded, while parents who put up a fight get punished for being uncooperative, even selfish.

One adoptee shares – I wasn’t supposed to mention being adopted to teachers, doctors, therapists etc. We lived hard in the fantasy… except for when my adoptive mom got pissed… then that fantasy was shattered and my adoption was thrown in my face. So this is how I now picture every adoptive parent who closes an open adoption. That they are being like my adoptive mom firmly trying to shame the genetics outta me and brainwash me to view her and only her as someone who cares.

A birth father who was also a former foster care youth shares his experience – my daughter’s mother is in active addiction and had been told Child Protective Services would not let her keep our baby. She had adopted out her first child, and we decided it would be best to at least have two siblings together, and the adoptive parents have been great with keeping in contact with her… but she is very low contact. She feels tremendous guilt, so she does not make contact and does not reply most of the time. I was promised throughout the entire pregnancy that it would be an open adoption and my daughter would live with them but she would have a relationship with me and with the children that I have full custody of myself, that I’d get pictures and video calls, and she would learn about my family and carry on the traditions we follow. But after they left Texas, they sent me a letter saying they would be severing communication with me because they wanted my daughter to grow up with “less confusion.” They did not go into any further reasons but did tell me they knew it wasn’t fair to me. They thanked me for all that I did to care for her during the pregnancy. I was told quite bluntly by the doctor that our baby only made it because of my involvement in caring for her and her mom. I got to hold my baby once – for an hour supervised at the adoption agency – two days before they flew out. The adoptive parents send photos to her mom, and she forwards them to me once and a while. One of the workers at the adoption said they know it’s unfair but they are powerless after the adoption is finalized. She told me that adoptive parents and prospective adoptive parents cause “as much damage, if not more” than birth moms and that they are very selfish. My daughter’s mother lives in poverty and has little contact and no means to ever visit Virginia in person. They don’t see her as a threat. I’ve been sober for ten years and I work hard. They see me as a threat, even though I am not, therefore they cut me out.

An adoptee suggests – Please keep tabs on them, I wouldn’t stop reaching out either. I see dads who stop all action due to where they stand legally. But who you are biologically matters to your children, not legalities. Journal and document everything you can now, keep them included in your journey and future plans. One day you can present them with the truth vs the fairytale.

Here’s a little story for you about dads’ impact through biologies: My daughter is almost 4, her father is an addict and has not been in her life since before she was one. She knows dad is unwell and does not think like we do right now. Tonight before bed she said she wanted to see her dad. I told her I wasn’t sure where he was right now but one day she’ll see him. She asked if she would see his house. I said “maybe, but don’t you want to talk on the phone to get to know him first”. She gave a little giggle. “I do know him, it’s my dad. He’s our family.” I snuggled her tighter and told her “yes he is”. That small conversation spoke volumes to me. I could understand and relate. This was why I personally felt the way I did when I was little as I had the same longing and family feeling about relatives I’d only ever heard of. They were in fact my family. Those adoptive parents that have your baby may try to mask those feelings and reality but they are tucked inside. I hope one day you get to see you’ve never been forgotten.

I know what an enormous impact it had on me personally when I learned that my mother’s original father’s family knew about her and often longed to have contact with her. It turned my perceptions of that branch of my family totally around.

One about male domination – my children’s father signed away his rights, after intentionally getting the kids put back in foster care. He’d told me if I ever left him, he’d manipulate Child Protective Services to make sure I lost the kids forever. That they’d be brainwashed to hate me. His sister adopted the kids and has allowed him to see them. She throws a fit if I post anything about them on Facebook. I’m just hoping they’ll see through the toxic fog eventually.

“My child is confused” is the favorite justification by adoptive parents when they’re about to close the adoption.

Hasty Accusations

Syesha Mercado and Tyron Deener

I stumbled on a LINK> Change.org petition and thought – there must be a larger story here. Because of her high profile as an American Idol alumus (season 7), her story got more attention nationally than it may have otherwise. Because wrongful child/parent separations concern me, I cared to look further.

Dr Sally Smith is said to have wrongly accused more than a dozen parents of child abuse. There are hundreds of child abuse cases tied to her, where parents were proven innocent but suffered irreparable trauma and harm due too her accusations. This doctor is said to hastily diagnose child abuse which rips families apart. Dr Smith is the medical director for the Pinellas County Child Protective Services team and is a contracted child abuse Pediatrician at Johns Hopkins All Children’s Hospital and Bayfront Medical Center in St. Petersburg, Florida.

Syesha’s nightmare started when her 15-month-old son, Amen’Ra, was ripped from his family, and placed in foster care, following a hospital visit. Mercado and her partner, Tyron Deener, had taken their baby boy to Johns Hopkins All Children’s Hospital in St. Petersburg on Feb. 26 for a routine check-up. The couple had become concerned about the possibility of malnutrition when Mercado’s breast milk started to run dry. She was pregnant (later delivering her newborn daughter) and her son, Amen’Ra, stopped accepting fluids. I remember the challenges of weaning my own children off breast feeding.

During their legal battle for custody of Amen’Ra, Mercado and Deener were in the car with their 10 day old daughter. They were subjected to a police conducted roadside welfare check in the middle of the highway. The result was their newborn baby was also taken away by Child Protective Services. The couple said that they directed all communication to their attorney who had not been given a warning about the safety check.

The Change.org petition has a summary of just a few of the other cases that Smith has been involved in, which pointed to significant inconsistencies in Smith’s medical notes. Florida’s Second District Court of Appeal said as it overturned one such removal – Smith’s conclusions were based “primarily on her assessment of the father’s credibility, not on the available medical reports.” In another case, a wrongfully accused mother committed suicide due to Smith’s trumped-up claims. One Marine Corps veteran spent 300 days in jail on Smith’s allegation that he killed his girlfriend’s son and was freed when a neuropathologist contradicted her findings.

Dr Smith has long been criticized by defense attorneys, parents and child welfare employees for her aggressive way of interrogating parents. Oftentimes, she sees injuries that other doctors do not.

Mercado said, “He wanted mama’s breast milk, like a lot of breastfeeding babies do, and I went to the hospital in the middle of this entire process, in the middle of the weaning process, which I know a lot of mothers out there experience all the time. I was met with a lot of judgment and accusations that literally just started to spiral out of control.” Deener noted that every person who has handled his child’s case has been white, from the case manager to the guardian ad litem to the judge.

Every day in America, parents are separated from their families and mistreated, they are mishandled and they are misquoted, by a very oppressive system. Since 2004, there have been 7,425 claims of medical neglect reported in Pinellas County. Of those,1,490 were verified, representing about 20 percent, according to the Florida Department of Children and Families. The agency verified 16% of medical neglect claims statewide in that time frame, with 14% of claims verified in the Suncoast Region, an area that covers Pinellas, Hillsborough, Manatee and Sarasota, among other counties. Experts say parents like Mercado and Deener are often confused about their rights, when dealing with pediatricians in cases of alleged child abuse. They are talking to the equivalent of the police without knowing their rights.

In August of 2021, the couple regained custody of their baby daughter after only a few days. It took the couple 7 months to regain custody in October 2021 of their toddler son. At that point, they were still faced with six months of supervision by the state, coming to their home to check their competency and ability to raise their own children. Their children should have never been taken from them in the first place. The couple are vegans who live holistically. They have maintained that the doctors didn’t understand their lifestyle. They also believe there is a racial element to their case. In fact, the children of people of color are more often removed from their families than the children of white people.

What To Do ?

Today’s question – A woman adopted 2 kids years ago and has raised them since they were very young. Now that they are older, some truth came out that the situation that caused the adoption wasn’t as bad as she had been led to believe.

1) She wants to know if there is a way for their birth certificates to revert back the originals? She thought she had to change them in order to adopt the kids. (This is a common misperception that adoptees are trying to change because it almost always matters to them.)

And/or

2) Can she help their birth mother regain custody so that she can finish raising her own children ? Or un-adopt them, is that even possible?

A complication is that the kids say they don’t want a relationship with their biological mother or even to meet her. The woman is not certain they are telling the truth. Maybe they don’t want to hurt her feelings?

Some responses –

1) She probably did need to change the birth certificate to adopt, that’s still the case in many jurisdictions. It’s why guardianship is often preferred, though what that means also varies from one jurisdiction to the next, sometimes it is viewed as not allowing for stability.

2) The first step is for the kids need to get to know their mother again. If they refuse, I’m not sure what she can do other than to gently encourage it and never speak poorly of their mother. If they get to that point, what comes next varies widely from one jurisdiction to the next.

The mother may be able to re-adopt her children. However, if the allegation was neglect or abuse determined by Child Protective Services, that may not be possible. Same with guardianship. She might be able to take guardianship of her children, or not, depending on the situation.

These options may fail. It may be possible for the adoptive mother to give the original mother a power of attorney, should the children move in with her, and/or unofficially she could share custody of them, just like some separated/divorced parents do.

The woman definitely needs to consult a lawyer, so that she can determine if the court might view her as a possible risk. This assumes that Child Protective Services removed the children from her care. If her Termination of Parental Rights was a private relinquishment (that would make all of the above FAR easier.)

Another possibility is an adult adoption, which could restore the information that was originally on their birth certificates (by again changing the documents to finalize an adoption). If these children are already teenagers, that makes this option easier, as long as they are in agreement.

And this is the most important point, from an adoptee – It’s very possible that they don’t want a relationship with their biological mother, if she hasn’t been in their lives. Listen to what they are saying. I would never have wanted to leave my adoptive family to go and live with my biological family. It would have felt like a complete rejection of the life I had lived. I wouldn’t want another name. I am the name I have been for a long time, not baby girl “x”. These kids need to be the ones leading. Everyone else needs to just sit back and listen.

Therapy. Individually. Let them heal their own traumas. Create a space that’s safe and secure enough that they know they can speak honestly about how they feel about their biological family.

Another adoptee admits that she wanted so badly to have a relationship with her biological family. “It was freaking awful. The worst.” It’s not always what the adoptee thinks it would be like, either way.

The most important thing is their healing and security. The rest will come, if that is the right direction. They don’t deserve to have the process of reintroduction rushed, if they say “no” for any reason. It should be their lead.

Legal Conflicts

Straight off, I will say that I am NOT in favor of gestational surrogacy. My primary objection is separating babies from the mother who’s womb they developed in. There is definitely an in-utero bond. I probably do know more families with donor conceived children than most ordinary citizens do. I know of situations where a surrogate was used. One in which the intended mother was actively undergoing chemotherapy at the time her twins were born and who did die when the twins were about 2 years old. They are being raised by their genetic father who donated the sperm in that assisted reproduction effort. I also know of a couple of women who simply didn’t want to wait any longer to have children with no husband in sight. They used both egg and sperm donations. BOTH carried their own children and I know them as awesome moms. These children are all 18 years old now including my youngest son.

The situation that inspired today’s blog regards couples from other countries entering into surrogacy contracts with women here in the United States. In this particular case, the intended parents have refused to come and get their twins for over a year now (they were born in February 2021). The surrogate and her husband are on the birth certificates as the parents but lack any legal custody because the surrogacy contract supersedes any hospital created birth certificate. The woman has both TikTok and Instagram accounts but both are private (possibly due to the legal complications) but I really don’t need to see them myself. The Instagram has a cute profile photo of the twins.

The United States is a destination country for couples who find they have to undergo surrogacy abroad due to the laws in their own country. Surrogacy is allowed in the United States for international patients by law. Not all of the states here are equally “friendly.” The website on LINK> International Surrogacy notes “surrogacy arrangements are legal in the following territories: Nevada, California, Texas, Arkansas, Illinois, Virginia, Florida, New Hampshire, Delaware, New Jersey, Tennessee, and Utah.” The states that ban surrogacy arrangements include Arizona, Michigan, New York, Indiana, Kansas, Louisiana, and Nebraska cautioning that surrogacy is even considered a criminal offence in some of them.

In the USA, a birth order is the legal document used to assign parentage to a child. These can be either a post- or pre-birth order that establishes the parental rights for the intended parents. This is key when undergoing surrogacy in the USA. Pre-birth orders can be started in the fourth month of pregnancy, whereas post-birth orders are granted on day 3 or 5 following the birth. This choice is very pricey for the intended parents – $95,000 to $290,000 – due in part to the fact that the US healthcare system is run by private businesses.

So back to our “trapped” surrogate and her husband. In order to have legal custody, they will have to go to court. They would have to sue for custody because simply being on the birth certificate doesn’t circumvent the surrogate contract in place. A complication of course is that they are not genetically related to these children and had no intention of parenting them to begin with. This even though they have been effectively raising these two babies for about a year. The intended parents have “broken” their contract but that doesn’t simply negate it legally.

Being a legal parent on a birth certificate does not always mean you have legal custody of your children – if there is another entity involved (like surrogacy, Div of Human Services/Child Protective Services with foster care, adoption until it is finalized, guardianship). It really depends on the country and this is the reason so many contracts, legal fees and lawyers are involved with situations such as surrogacy. Every situation is extremely unique.