Too Inconvenient ?

A friend who knows I write this blog, sent me an article about a baby stolen from her family in Korea to feed the demand for adoptable babies in the US. However, I have written about that issue more than once. Below that article was another one that caused me to go – oh Wow !!

Here is that story from Slate by Allison Price – LINK>My Sister-in-Law Asked Us to Adopt Her Twins Because She Missed Her Old Life. Somehow, We Said Yes.

Last year, when our kids were 3 and 4, we decided to explore adoption and/or fostering, as we felt like we still had room and love for more children in our life. Around the same time, my sister-in-law got married and pregnant with twins. She had never expressed much desire to have children and was definitely stressed to discover it was twins. When the twins were about 6 weeks old, they all came to stay with us for a weekend to attend SIL’s friend’s wedding, during which we agreed to watch the babies. They ended up texting around 11 p.m. that they’d had more to drink than they’d planned and the party was still going, so would we mind if they just got a hotel room and we’d keep watching the babies overnight? We were fine with it. The next day, when it was 3 p.m. and they still weren’t back and hadn’t answered any texts, my husband called them. They’d decided to take advantage of sleeping in, had brunch then had a few shops they wanted to check out, and thought it was a nice break from the babies.

Two weeks after the wedding, they asked to come visit us again. They told us that having twins was significantly more difficult than either of them had imagined and they were really missing their previous life and the ability to do whatever they wanted whenever they wanted. They said they knew we were considering adoption and wondered if we would take in their twins. They thought it would be the best solution as they could continue to see them and be involved in their lives (at their convenience). My husband and I were shocked. We spent the next month talking to them about it more and went to multiple counseling sessions with them. I went to the obstetrician with my SIL to discuss the possibility of postpartum depression affecting everything. The outcome of it all was that they didn’t want to be parents and wanted us to take the kids. Ultimately, we drew up a legal agreement, they surrendered parental rights and we adopted the twins.

We absolutely love the babies and feel like our family is complete now, but I don’t know how to interact with my brother-in-law and SIL anymore. I lost all respect for them when they basically admitted that their kids were an inconvenience they wanted to be rid of. (When we asked what they would do if we didn’t adopt them, they said they were considering other private adoption options.) It’s been a year, and everyone in my husband’s family just acts like what they did was perfectly normal. My BIL and SIL have even asked us not to tell the twins we aren’t their biological parents, which goes against the legal agreement we all signed. We plan to be open and honest with them about how they came to be a part of our immediate family. It’s so bizarre to me that everyone thinks this was a perfectly appropriate thing to do.

Asked advice – Is there a way to discuss this with them?

The Advice Columnist said – First and foremost, it sounds like you need to know whether the terms of your adoption agreement are legally enforceable, or whether some of the terms of the adoption can be changed.

How you talk with your brother-in-law and sister-in-law about disclosing the adoption to the twins needs to come from a well-informed decision that you and your husband make. Adoption can mean a lot of joy, love, and comfort, but it can also mean trauma, confusion, and anger. I foresee a lot of those latter feelings for these twins, knowing that their birth parents (who they will presumably develop a relationship with) saw them as inconveniences to be surrendered.

Keeping this important truth from them—one that is central to their identities—is likely to feel like a betrayal once the twins inevitably find out. You need to do a lot of research on open and kinship adoptions to be sure you’re making the decision that is right for your family and these twins; if you haven’t already, find a support group where you can crowdsource resources and feedback. Then you’ll be able to inform the birth parents and the rest of the family how you will be proceeding regarding disclosing to the twins. Make no mistake: No matter who else in the family has what opinions, this is ultimately you and your husband’s call as the legal parents.

It is a bizarre situation you are in—not just the surrender of the kids, but the supposed blasé attitude of the rest of the family. You sound understandably unclear about how you’re even going to maintain a relationship with your BIL and SIL, given how this has played out. Keep an eye on the family dynamics here; while I hope everyone can exude love and grace around these children and their adoption, I worry that this inauspicious start might signal more drama and discomfort to come. I hope I’m wrong, but that’s all the more reason to find a support group, and maybe also a therapist for you and your husband, to help you make sense of this unique dynamic. Good luck.

Changing A Child’s Name

I don’t belong to that group. Some in my all things adoption group which includes foster parents, adoptive parents and former foster care youths had some (actually a LOT) thoughts but I’ll just share a few.

One adoptive parent said simply – she is not a dog!!! (blogger’s note – we have a bunny that we got at the state fair many years ago – we were told his name is Walnut – and we had not desire to change it.) One woman noted – In fact, I never changed my cat’s name when I adopted her from an animal shelter. The one who shared the image wrote – A child is not an animal, you can’t change their name to suit YOUR wants. This is NOT design a child. It’s one thing if the child is older and it’s THEIR decision, but we’re talking about a toddler here.

Another person noted – “fostering to adopt” because it’s the cheaper way to buy a kid! FFS! To which another added – it shouldn’t be allowed as it’s a conflict of interest. Wonder how many reunifications have been derailed by the fosters that want to keep specific children?! Someone else noted financial reasons – it’s income from the state till the child reaches 18, in some cases, 21! Another added experience – I know of a couple reunifications that didn’t happen after the fosters decided they wanted to adopt. These were parents actively working towards reunification; and if they couldn’t be returned to the parents, there were other family members willing to take them. It is so messed up that in some cases the fosters have more rights than the parents or family. I know that one of the fosters turned out to have ties with the Guardian Ad Litem’s brother. Coincidence? Doubtful.

One mother of loss tells her sad story – My kids’ fosters actively stood in the way of reunification, and played on the fact that (when they moved for TPR – Termination of Parental Rights) I was in a state of upheaval, and had no place of my own, no job, and no family to rely on. It didn’t matter that I was clean, following all recommendations, willing to do therapy with the kids, and actively looking for work. They verbally promised visitation, if I would sign the papers. And then, the judge in our TPR hearing gave me 30 days to decide whether I would sign voluntarily or fight. I was told in open court that if I didn’t sign, he would terminate anyway and I would have no shot at visitation (I later found out that the judge was KNOWN for being biased against natural mothers in recovery). So I signed, thinking at least I’d have something, just for them to say they didn’t feel it was in the kids best interests to have me in their lives. I was never informed by my lawyer that I could appeal. Someone I knew told me, after the appeal time had expired. It’s absolutely insane what the state can get away with. I wasn’t even allowed to explain to my kids what happened and say goodbye. I haven’t spoken to or seen them since 2017. It shattered my heart and not a day goes by that I don’t see them in my mind.

Answering Hard Questions

Today’s complicated situation (not my own) – I am currently expecting and due in December. My pregnancy was unplanned with someone I wasn’t in a relationship with, and I initially considered abortion but chose to pursue open adoption instead. The adoptive parents I selected are family—my sister-in-law’s sister—so my son would grow up with his cousins in the town I’m from and where some of my family still live. They’ve struggled with infertility, having faced four miscarriages and a stillborn, and they’re overjoyed about this baby.

Lately, I’ve been thinking about the future and how I’ll respond when my son asks, “Why did you give me up?” My reasons feel rooted in fear and selfishness, and I’m not sure they’re good enough. I’m 27, with a stable job, savings, no drug issues, and not in any dire circumstances. I’ve just never wanted kids and fear the unknown challenges of single parenting.

I’ve been researching adoption’s impact on both the child and the birth mother and am realizing the deep grief, loss, and trauma involved. It’s making me reconsider my decision to place him for adoption. I fear making this decision will make him grow up feeling rejected by me, but also feeling like a second choice child to the hopeful adoptive parents because of their inability to have biological children.

The HAP are flying out in a few days, and they don’t know I’m having second thoughts. I’m terrified of hurting them. Should I tell them before they come, or wait to talk in person?

If I keep my son, I’ll be raising him as a single mom. Even then, he’ll face the pain of growing up without an involved father. The adoptive family offers a stable, loving two-parent home with the means to provide a private education and a secure future.

For those of you who are adoptees, my question is: Looking back, would you have preferred to stay with your biological mother, even if it meant a tougher life, or be with adoptive parents who could offer more stability and opportunities?

Any thoughts, personal experiences, or advice would mean the world to me. This is the hardest decision I’ve ever faced, and I want to do what’s best for my son, not just what’s easiest for me. I know both decisions are a hard path, so I’m not saying giving up my son for adoption is “easy”, but it’s the “easy” way out of responsibility and fear of the unknown, and it feels deeply selfish. There is a ton of fear surrounding open adoption too with not knowing if it will stay open, or if I’ll end up regretting my decision.

An adoptee reminds her – you don’t owe anyone your baby. Another adoptee admits – I had great adopted parents. Even so, it didn’t stop me from wondering why I was given away. I never felt whole, and still don’t 40 years later. Another adoptee shares – Tons of struggles with my identity, horrible abandonment and attachment issues. One says – And I definitely still have trauma. And another one – I love my adoptive parents, but the feelings of grief and abandonment are pervasive in my life.

A mother shares her own journey – I already had three kids when I ended up with an unplanned pregnancy. I wanted an abortion but ultimately couldn’t go through with it. Then I regretted not going through with it for a looooong time. Like even once my baby was here. So then I contemplated doing adoption, but I’d cry about the trauma it would cause our whole family. Of what I was robbing my innocent baby of. Of the stories from adult adoptees. Of how he would always feel unloved and unwanted because he was the one that didn’t get to stay. And then once he was about 10 months, it just clicked for me. I was listening to a song about abortion in the car and was thinking “that’s what I should have done” and I looked at him in the camera and an immense wave of sadness hit me. And I realized just how perfectly my 4th child has fit into our lives. It was hard. It still is (life would certainly be easier without a one year old, especially as my older kids are in school). But I don’t have any regret anymore. And I remember someone a long time ago told me “you baby is just as adoptable at 6 months as a newborn, so give it time”. It helps get the hormones a little more under control, helps you adjust to life a bit, etc.

Feeling Alone

Today’s story – Adopted at birth. Black child adopted by white family. Intense borderline personality disorder and identity issues. Constant shame. Why do I feel this way! My adoptive parents were always good to me. My adoptive mother said she understands but refuses to read literature about how traumatized I am because she doesn’t like non fiction.

Fast forward to August of last year I took an Ancestry DNA test. My birth mother was indifferent when I found her, but my birth father was brimming with joy that he had a daughter. My mom never told him she was pregnant. They had a fling in the military together years ago. Anyways, I look just like my dad and he’s already spoke about the guilt he feels missing out on my life. He loves my kids (his grand kids) and he is flying us out to visit him this winter. He’s a great man and I finally found my family. Why do I still feel so alone?

Some thoughts –

One adoptee noted – The abandonment is so real. It’s just a part of who I am.

Another adoptee writes – Lifelong trauma is something that can be lessened over time but unfortunately it will always be there to some degree. I am 76 and will never be rid of some of the ‘stuff’. I do take some comfort and closure in knowing who I am and where I came from. I hope in time you can take comfort in that and develop a longlasting and close relationship with your birth dad. My heart goes out to you.

Another person calls it out – Not liking nonfiction is an absolutely ridiculous excuse to not read about the trauma of adoption (particularly transracial adoption). I’m so sorry she isn’t willing to do that for you.

Another adoptee acknowledges – reunion sometimes feels like it will fix everything but it doesn’t, unfortunately. There is more grief to process in that we missed out on so much time with biological family and even though there can be instant and great connections, we still don’t feel truly a part of the family.

An adoptee in reunion notes – I’ve been in reunion for over 10 years and still feel lonely, even though it’s all been really great. I think it’s just a part of who we became when we were taken away. I wish we could feel instantly better, when we find answers to our history but this is also why I always talk to everyone about adoption and all it’s myths because doing this to people is just so messed up. We had no say in this but yet we are the ones that have to deal with all the ramifications.

One adoptee admits – I never really made the connection. I have had a lovely reunion with my dad as well, but you are right. I constantly tell my husband, I feel alone. I just don’t fit anywhere. I’m dealing with it. It’s a process though.

An interesting explanation from an adoptee – Our brains have been rewired for protection instead of connection. We literally had our brains synapses and pathways changed in order to survive in a world without connection. My psychologist described it as “what we are told is love for us is survival and trauma bonding”. When our whole concept of love is based on this, is it any wonder we struggle to understand connection. I did until I had my own babies and that in itself was a devastating reality. Even with them, my little family and reunion of sorts, I still feel utterly alone like an alien dropped into a moonscape. We are having a normal reaction to a very abnormal situation.

Some advice from someone who facilitates reunions – Why is it not enough? Because it is not enough – it is so much less than you deserve. Why can’t your mother behave the way your father is behaving? Why can’t you matter to her, the way you matter to him? It hurts because your getting only half of what you are entitled to – what every person born is entitled to. You are not ungrateful for what you have —you are necessarily anguished for the absence of something every person deserves and every person actually needs to feel complete and secure – having two parents that care about you. Humans are resilient. They can endure and survive horrible losses and violations and trauma. They can realize their inherent value, even after they’ve been abused and mistreated. They can move on but to expect them not to feel let down, when their parent is indifferent, is just not fair to a person in that situation. Don’t let your birth mother stop you from reaching out to your maternal relatives. They may think you are wonderful and want very much to know you.

Too Many People Already

I can’t see my all things adoption group agreeing with this one but sometimes it is one of the arguments. Today, I read (and to be honest, this concern was minor compared to the others) –

I sterilized myself last year because my bloodline is just plain bad. My genes are very bad. I am also not healthy enough to carry safely, and I know what genes I and my fiancé would be putting into our prospective biological child. On the off chance that the baby would be healthy, that would be fantastic. But I can’t guarantee that, especially knowing what I have wrong with me and what is in my bloodline. I feel it would be very selfish of me to give birth to a child who would potentially have even more problems than I have. Plus, I don’t want to add more life into the world when it’s already overrun. I didn’t ask to be born, neither would our biological child. Her question to the group was – Can someone please give me a better idea of what qualifies as ‘good’ adoption and what qualifies as ‘selfish’? I want to make sure that we do it right, with as minimal trauma as possible.

From a mother of loss to adoption (aka birth mother) – Most adoption is basically legal human trafficking. It is likely to have lasting impacts on children – even if they’re separated at birth. In my own opinion, the only “good” adoptions are unavoidable ones where a child is orphaned, abandoned, or removed from an abusive/neglectful household where reunification isn’t an option. Otherwise you’re basically buying a baby and putting your own desires above the actual wellbeing of the child.

An adoptive mother asks – If you aren’t healthy enough to carry a child, are you healthy enough to raise them? Here was her reply – when I say not healthy enough to carry, I mean as in I am obese. We all know what overweight can do to a pregnancy, and being obese is even worse. I also have badly scarred lungs from many bouts of bronchitis and pneumonia and have high blood pressure. The risk for miscarriage is very high. Luckily because I’m sterile, I don’t have to worry about that.

The follow-on question from an adoptee was – How are you going to keep up with kids ? Her reply was – I’m taking medicine to make my condition bearable and I’m steadily losing weight (15 pounds down!) Plus my fiancé is much more active than I, so he can take over when I cannot continue. I also look at my mom who has been obese her entire life with me. She kept up with me.

One adoptee notes – I had 16 children and am not a pixie … nothing with my weight was an issue. I was 260 with my last. (Same dad/husband for all).

From a Baby Scoop Era adoptee who was pregnant as a teen but who parented asks – are you healthy enough to parent, chase after and be reasonably certain that “you” are healthy enough to keep up with and participate in all the physically challenging aspects of raising a child???? For at least 30 years???? They do not stay cute/cuddly babies forever!?! Consider joining a gym and adopting a puppy or kitten!?

Another adoptee notes – You’ve been here, hearing that adoption is unethical and causes harm, yet you still want there to be “a right way” to do things for yourself. You’ve still got a bit of de-centering to do in this conversation. She replied – I don’t necessarily mean a ‘right’ way, but a less traumatizing way. I would love to have the chance to be a parent in the best way possible, but not by giving birth to my own. I’d like to find the best way to go about adoption minimizing trauma as much as possible, since I know trauma will still be a thing no matter what. The adoptee states – Adoption legally disrupts identity, family, and history. Consider other ways of helping displaced children, such as fostering and supporting reunification, or supporting teens as they age out and start making their own way, temporary or permanent legal guardianship, other legal transfers of custody. Kids shouldn’t be required to give up anything in order to get the help they need.

Another mother of loss to adoption shares – it’s weird to me that you know it causes trauma and you still want to do it. Reminds me of my own situation. My son’s adoptive mother knew there would be trauma but thought that if we did open adoption well enough, it could mitigate that trauma for him. I don’t yet know how he feels about it as an adult but I’m so angry about it now. That she was glad to do the harmful thing – just hoping to make it less harmful.

When the woman complains – “This is tiring” Another adoptee replies – really?! This is tiring for you imagine how tiring it is for people that are adopted telling you over and over again that adoption is trauma, and it is selfish and human trafficking yet you try to justify your actions by doing it because of your health issues. Having a child is not a right it’s a privilege… and it seems to me you don’t have that privilege. You do not have to adopt a child in order to give it external care but participating in the system is participating in human trafficking.

Someone formerly in foster care disagrees with the above – I believe she means tiring because she’s repeating herself in different ways. I can understand where the system is abused and children are being taking advantage of by the system. I have been in there while I was in foster care. However, being in foster care is not the same for everyone. Most kids would love to be reunited with their parents because most don’t understand the harm they were in. Later in life they find out and can appreciate being removed from harmful situations. Also, there are children who hope to be adopted to have a family that they choose and chooses them. I have also been here. I’ve been in multiple foster care homes and was adopted as a teenager. I also recently adopted my nephew and his sister (mom had a baby by an unknown father). I fostered them for over 2 years trying to reunite and both her and my brother chose to sign over their rights. I tried helping her and taking her to her rehab centers and she would leave and say it’s too hard. She was also prostituting and using drugs and coming to supervised visits high and unable to keep her eyes open. Dept of Social Services gave the ultimatum that either I adopt or they will find someone else who will because she had given up trying at all. So I understand all perspectives. Sometimes no matter what anyone does the birth parents aren’t going to get their life together. The kids are already in the system. Adoption can allow a sense of home and normalcy other than being that foster child or not being able to call anyone mom or dad or whatever. (Also, I don’t force anyone to call me anything. I ask them what do they feel comfortable calling me and how they want me to address them). It’s important for them to feel included and know their opinions matter.

How To Identify

Today’s thoughtful question from someone thinking about becoming a foster parent – How would you have wanted your Foster Parents to introduce you?

Example: If someone at a park/social situation asks me questions like “oh are these your kids?” Or “How many kids do you have?” What is the best way to respond? Do I say yes these are my kids? Do I say that two are and one is my foster child? How do I even handle that situation appropriately? I can’t imagine that outting a child all the time as a “foster child” is a good idea… I don’t want them to feel othered… but I also do not want to pretend like I’m their mother because I am not… idk it’s tricky and idk how to handle it in the safest and most considerate way.

The concern – once my Foster Child is old enough to be asked how they want me to refer to them, I will ask them but I likely will be fostering young kids/babies or kids that have unique medical needs … some who may be too young/unable to be asked this question.

Some responses – In California, it is illegal to tell people your foster child is a foster child. (Another noted – It is also illegal in Washington state to tell people they are foster children. It is suggested that if you are thinking about becoming a foster parent you should check the laws in your region.) In my opinion, you shouldn’t be giving out personal info about kids to people at the park. Absolutely allow older children to identify themselves however they are comfortable but with babies and young children just say they are your kids. I always do, whether they are mine, relatives, friends, neighbors or foster. Are they all your kids? Yes. Do I care if some random person wonders why I have 3 two-year-olds? No. If people question me further, I either start asking them a bunch of personal questions or simply say that life is full of mystery.

Another suggested – “yes, they are with me” as a helpful phrase.

Another said what this blogger thinks – People are way too nosy and not entitled to answers to these questions. She used this example – my daughter and stepdaughter are the same age and when they were little, people would ask if they were twins and I would just say “nope.” And then they would look at me funny and I just left them wondering. (blogger’s note – in fact, my 13 mo younger sister and I were the same size until she got much bigger. We were often dressed alike and so we were often mistaken for twins.) Someone else offered her a humorous reply – all I can picture is you getting irritated after being asked this one too many times in a day and saying “no, I found this one at the playground and she’s followed us ever since.”

Adoptive Parent Myth

God in so powerful He can create a crisis pregnancy in another woman’s womb, so you can be a mother. Her loss is your gain because you’re so special and deserving, right?

A baby loses his/her mother and all biological connections causing trauma, increased suicide risk, identity issues, etc because you are so special and so deserving.

So basically God says f* everyone else because you are so special and deserving. You’re better than the mom with the crisis pregnancy and your need for a child matters more than what is best for the child, which is to stay with his/her biological mother.

God does all this, right? If He is this powerful, then why didn’t he fix your infertility, so you could carry your own child?

God does NOT place babies in the wrong womb and they aren’t born wanting a stranger. God does not make mistakes.

Phantom Parents

An adoptee found a clipping from 1985 about “Talking to children about their unpleasant past.” What jumped out at more than one person who saw this was the part about “phantom parents.” The quote from the clipping read like this – “birthparents mean something symbolically to children. At some level the child is attached to these phantom parents. An attack on the parent is an attack on them.” Someone noted – It’s written as though this is a fact but also a mystery.

When I went looking for an image, I actually found where an adoptee, David Enker, had written a memoir titled LINK>”Phantom Parents” released as a paperback in May 2023. It is actually a collection of short stories and illustrations. He is a writer and designer living in Haarlem, which is a city in the Netherlands, with his wife and son.

David was unofficially adopted as a baby, so he decided to use that experience to explore the world from a unique perspective. He lived and worked in London as a freelance designer, taking him to many places and companies across the city, using the experience to write short stories and create photographs and graphic novels with deep personal and contemplative, often humorous, components.

Since there wasn’t much there, I kept looking and found a piece on Medium – LINK>Phantom Parent Syndrome. It is not related to adoption but the definition was helpful – There is a phenomenon known as phantom limb syndrome. This is when someone who has lost a limb still feels its existence through pain in that area or other sensations. There is a tug of presence, pain of loss, and irreversible change of life and connection to others.

So, interpreting this concept related to adoption, yes, I can believe that adopted children feel the existence of the parents who are not raising them. In that context, it makes sense.

Psychology Today has a piece on LINK>Phantom Families. Elinor B Rosenberg feels that while adoption meets real needs of kids, birth parents, and adoptive parents, she feels that it also denies deeply held wishes. Their longings often go underground, driving behavior and feelings in hidden ways. Adoptive parents wish they could have borne the kids they are raising; adopted kids wish the parents who bore them and raised them were the same; and birth parents wish the circumstances might have been such that they could raise the child they bore. Rosenberg has found that adopted children have greater identity struggles and that they launch later than their peers. Adoptees build a more grandiose “birth-parent romance” based on shards of information given to them by adoptive parents. They use the fantasy to explain to themselves why they were adopted, who their biological parents were, what kind of children they are now, and what kind of adults they will be.

Rosenberg says “It’s a narcissistic blow to be given away. They must come to terms with it.” It is honest to note that Rosenberg is also the mother of two adopted daughters (so there is that) as well as a clinician.

Young Adult Decisions

A woman writes in my all things adoption group – I work in child advocacy. Full transparency, I’m hoping for support but definitely open to hearing the hard things.

I’m so conflicted after being in this group. Some young adults I advocated for in their youth (today they are 21 and 23) have asked to be adopted by me and my husband and we’ve agreed. It was completely their idea and I’ve shared the complicated reality of what it would look like (changing their birth certificates etc). Should I try to get them to further discuss in therapy, or should I accept that this is truly what they want? Both aged out of foster care after 4-6 years in/out of the system. Though they continue to have contact with their biological parents, they have largely felt abandoned and say that they just want to feel “claimed.” Should I trust that they are adults and going into this eyes wide open? It feels wrong to celebrate, but they are honestly bouncing off the walls with excitement about it. They have requested to change their names and everything. I hate to diminish their joy, even though I have reservations. Maybe adult adoption really is that different and I’m worried over nothing.

If I do go through with it, I will have to start identifying myself as adoptive mother in this group and that feels icky to me after all I’ve learned from you. Yes, I know it’s not the same as infant adoption, but I still feel conflicted.

The response from an adoptee – If they are adults and are making this request on their own without any prompting from you, then I see nothing wrong with it. They are old enough, and seem to understand what it is they’re asking for.

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.