The Legal Rights Of Siblings

This from someone with experience – If you are adopting a child or children in who have siblings being adopted into other homes, make sure you have a quality attorney, NOT one of the ones that are contracted with through the state. Know the laws in your state in regards to sibling rights post adoption. Your attorney needs to go over this in great detail. Sibling separation agreements, continued contact agreements, etc are just RECOMMENDATIONS and not legally binding, unless they are worded in a certain way. This means that even though they are telling you these things will have to be agreed to and take place in order to adopt, any adoptive parent can choose to cut contact without punishment – at any time – and there’s nothing you can do about it.

Don’t be like me. Don’t think that just because the agreements are there and someone is verbally telling you this has to be done is going to mean that it will prove legally binding. It may not. Don’t be ignorant like me. KNOW THE LAWS. Have an attorney who is well versed in these matters. And make sure that continued sibling contact is legally required and can be enforced. I learned a valuable lesson about this, but it may be too late and sadly at the expense of 3 children who shouldn’t have to be denied contact. 3 children who will carry scars and wounds because of my ignorance in this area. I don’t know – what the fuck was I thinking ? But undeniably, I fucked up. I preach and preach about us being educated and I failed to educate myself in regard what may possibly be the most important aspect of adoption. Don’t be like me. Don’t fuck this up. Make sure your kids and their siblings if they have been separated by adoption have legal rights to remain in contact with each other. Please. Don’t put your kids and their siblings in the situation my stupidity put mine in.

The truth is the best intentions in adoption often fall through. Adoptive parents can just say “it is not in best interests of our child” and get judge and court order to close contact. A common tactic is to move so far away, it’s no longer feasible to have physical contact. Even in the case of agreed to open adoptions, the intentions are often not followed through. Then, there is the less visible problem – if an adoptive parent does not want contact, the child is placed into an impossible situation. The child has to choose between loyalty to their adoptive parents or to their separated siblings – it’s a no win situation. When I became a non-custodial mother and my daughter was older, I provided her with a calling card so that she could call me at no charge, when doing so was not going to complicate her life with a step-mother and half and step siblings. She was in control.

These kids are human beings and should have the right to maintain contact with their siblings, at the very least, after adoption. It is increasingly known that genetic connections are better for the child than the loss of them.

Another woman shares her experiences –

I have played this game for 25 years with my daughter’s adoptive parents. I would suggest not pushing back at them at full force. The more you push the more they will close down. Tt’s not about twiddling your thumbs ….. it’s about playing the long game. Sigh. And I understand this as regards my daughter. It was very hard to be an absentee mother but now that she is in her mid-forties and her step-mother died quite a few years ago now, I am grateful I have managed to retain a good relationship, a loving relationship, with her. She often mourns her mom who died. I would never ever criticize the woman who raised her. That is totally misguided for anyone caught on the outside.

Reform work currently taking place in the state of Ohio seeks to establish the lawful connection for siblings in foster care. There is more work that needs to be done, so that the right to maintaining a connection isn’t terminated, if an adoption occurs.

Here is the view from a person who became separated – I read my sibling agreement contract. I was supposed to see three of my older siblings (the ones I lived in the house with before foster care) 3 times a year. I have no clue how it fell apart, but I never saw my siblings again – until I found my biological family at 17. We were all able to get together once last year after 15 years apart. Then again, I read the open adoption contract too and that also fell apart. I was supposed to know my family but it seems like nobody cared enough.