Our Father

Documentary on Netflix

I’m pretty certain this is streaming and we only get dvds from Netflix. Never-the-less, not for the first time, has a fertility doctor been accused of inseminating patients with his own sperm. So, yes, this is a true story. The Indiana fertility specialist, Dr Donald Cline, is the subject.

In a moment when the right to safe and informed reproductive care is under threat in the US, Our Father is particularly resonant given the questions it raises about how our legal system views those seeking control over their own reproductive choices, and restitution when that autonomy is violated.

Jacoba Ballard’s life changed after she took an at-home DNA test and learned she had seven half-siblings. After reaching out to her newfound family members and researching the mystery of their shared relation, Ballard and her siblings soon discovered with horror what their parents’ trusted doctor had done. The number of confirmed siblings continued to grow as more people added their DNA to 23andMe’s database. Each time she saw a new connection appear on her profile, she’d steel herself before reaching out to deliver the news. “I know I’m going to call them and I’m going to ruin their life,” she says in the documentary.

Jacoba Ballard grew up suspecting that she, the only blond, blue-eyed member of a family of brunettes, was adopted. When she was 10, her parents told her they had used donor sperm to conceive her. “I wanted a child so bad,” her mother, Debbie Smith, says, the pain clearly visible on her face. The Smiths went to Cline, who had a reputation as the best in what was then the new field of fertility treatment and artificial insemination. The good doctor – and devout Christian, church elder and respected member of the community – told them that medical students were used as donors, each no more than three times to limit any future problems with consanguinity (the medical term for unwitting siblings later having children together). The couple went ahead and nine months later Jacoba was born. “She’s my everything,” says Debbie.

Our Father includes interviews with eight of the 94 siblings. Because of Cline’s lack of cooperation and the unknown number of patients he had the opportunity to inseminate up until he stopped practicing in 2009, there is no way to know for sure how many siblings there may be.

One criticism of the documentary is that it gives too little space to the unresponsiveness of the district attorney’s office – alerted by Jacoba early on – and the extraordinary fact that it was impossible to prosecute Cline over what he did to the women because none of that amounted to a crime under the then-current law. Jacoba’s research reveals that one of the people in the DA’s office who might have been expected to follow up on her complaint is associated with the Christian fundamentalist movement Quiverfull, which encourages the faithful – or at least the faithful of certain coloring – to have as many children as possible and groom them for power so they can become ambassadors for God. Is it relevant that church elder Cline has produced what Jacoba likens to “this perfect Aryan clan”?

Surveying the blonde hair and blue eyes of many of Cline’s offspring, the film briefly meditates on whether Cline’s crusade may have had white supremacist underpinnings (Quiverfull ideology, which promotes patriarchal gender ideology and other conservative ideals and bemoans European population decline, certainly seems to).

The filmmakers behind Our Father, including director/producer Lucie Jourdan, say they were moved to tell the story of the siblings and their parents in order to help them condemn Cline’s actions to a broad audience when it became clear the court had failed. In 2017, he was brought to trial facing two counts of felony obstruction of justice, for lying during the investigation. The obstruction of justice charges meant that no evidence related to Cline’s actions toward his former patients was admissible—though those actions constituted the injustice for which the siblings and their parents were truly seeking restitution. Cline pled guilty, and received two suspended sentences (meaning he served no jail time), and a $500 fine.

In 2018, the siblings’ lobbying, led by Matt White and his mother Liz White, contributed to the passing of Indiana’s fertility-fraud law. There is still no federal law on the subject.

Acknowledging Time Magazine and The Guardian from which sections of today’s blog were taken.

Assimilation Is The Intention

For many indigenous women, political action regarding children was not about campaigns for
subsidized day cares or cultural arguments about gender, work, and parenting. Child welfare was a literal fight to keep Native children in their homes and in their nations.

During the 1970s, Native American women activists understood the crisis of child adoption
(which had grown rampant in the postwar era) as more than a personal issue affecting individual
families. The removal of Native children from their homes and communities compromised not only parental rights but also tribal sovereignty. Technically, indigenous nations had a legal advantage in the battle for control over Indian child welfare because the right to oversee issues related to children living on reservations existed as an implicit aspect of sovereignty. In practice, however, state courts and welfare agencies largely misunderstood or ignored tribal authority and the interests of indigenous communities and removed Native children from their homes at arresting rates—an average of one quarter of Native American children lived away from their parents during the early 1970s

In response, Native women activists created a child welfare political agenda that not only kept
children in their communities but also addressed the problems that sometimes led to foster and adoptive placements. Although they acknowledged that there were legitimate issues, such as alcoholism, that required some parents to surrender their children, activists did not interpret the current crisis as the result of inadequate parenting. Nor did they place blame exclusively on culturally insensitive child welfare systems. Rather, activists condemned poverty and the vestiges of colonialism for the problems that precipitated child removals. One activist asserted that ‘‘the process of colonization has brought more destruction to these family ties than any internal changes … could have ever created.’’ According to this woman and others, while colonization created the problems indigenous families faced—solutions to them rested with Native nations. Both the programs’ indigenous women activists established and their petitions to the federal government to uphold the right of the tribes to control child welfare focused on increasing tribal agency in addressing the fundamental difficulties that Native families confronted. These activists gained strength from their citizenship in Native nations and framed their work against child removals in the context of tribal sovereignty.

The history of non-Native people intervening in the lives of indigenous families is a long one; arguably as old as the history of colonization itself. The Indian Child Welfare Act (ICWA) of 1978 is Federal law that governs the removal and out-of-home placement of American Indian children. … ICWA established standards for the placement of Indian children in foster and adoptive homes and enabled Tribes and families to be involved in child welfare cases.

“They closed the boarding schools and opened up CPS (Child Protective Services), but it’s the same thing – they’re still coming in and taking our children,” Cetan Sa Winyan said. The Cherokee Nation of Oklahoma, the Oneida Nation of Wisconsin, the Morongo Band of Mission Indians of California and the Quinault Indian Nation of Washington are petitioning the Supreme Court to request that the Indian Child Welfare Act remain intact.

The state of Texas is challenging the constitutionality of ICWA, claiming it’s a race-based system that makes it more difficult for Native kids to be adopted or fostered into non-Native homes. Another argument is that the law commandeers states too much, giving federal law imbalanced influence in state affairs.

A Supreme Court response to the tribes’ petition and the petition filed by the plaintiffs is due on October 8th.

Tribes and advocates argue that ICWA is culturally- and politically-based, not race-based, because tribal nations have political status as sovereign governments under federal law. Cherokee Nation Deputy Attorney General Chrissi Nimmo said the tribe will put all the resources it has into making sure ICWA is protected. “ICWA attempts to keep children connected to their tribe … and an attack on that is absolutely an attack on tribal sovereignty,” Nimmo said.

In the case of Brackeen v. Haaland, the Brackeens — the white, adoptive parents of a Diné child in Texas — seek to overturn ICWA by claiming reverse racism. Joined by co-defendants including the states of Texas, Ohio, Louisiana, and Indiana, they’re being represented pro bono by Gibson Dunn, a high-powered law firm which also counts oil companies Energy Transfer and Enbridge, responsible for the Dakota Access and Line 3 pipelines, among its clients.

You can sign a petition here – https://action.lakotalaw.org/action/protect-icwa.

Dumpster Baby – Not A Joke

Yesterday, I saw a meme my daughter posted. One older Asian sibling was teasing the younger one that she was found in a dumpster. My daughter who grew up in a yours, mine and ours family commented that she used to tell her sibling that her parents were monkeys. When I commented that the graphic made me sad because some adoptees were actually dumpster babies, she told me that she didn’t realize it happened, she just thought it was a joke and I see today that she did remove it.

Today, in my all things adoption, I see a comment that references dumpster babies in response to a story about those Safe Haven Baby Box Drop Offs that I have written about before in this blog. A former Labor and Delivery nurse said –

I am in favor of them….with the caveat that the child can be reclaimed by mom, without penalty within the first 6 mo. (I actually read a book not long ago, Little Fires Everywhere by Celeste Ng, where was a baby left by a desperate mother at the fire station. She later wanted to reclaim the baby.)

The L&D nurse continues with – I wish this was spoken of in schools, as early as middle/ high school. This is designed to prevent dumpster babies, the majority of which are likely never found. (In fact, there is a Family Guy meme that is captioned, I am a prom night dumpster baby. Image at the top of this blog.)

I do agree with the nurse, whatever can prevent a panic infanticide, and these do happen. I also wrote a blog once about the remains of a baby who died of exposure and neglect who was found many many years later and in fact, the mom who dumped him was eventually revealed.

The ‘safe haven’ laws are not uniformly known…even among those who ‘work’ in the safe haven locations. A reform would be if those babies left in baby boxes or victims of hospital ‘abandonments’ (which also do happen) all had a 6 month, no questions asked (no effort at a termination of parental rights by Child Protective Services, if the mom comes forward within that time), so that she may retrieve her baby. No adoptions allowed before that grace period ends.

The article that caused that comment was about a 19 yr old Indiana teen, Hunter Wart, who worked for over a year to raise $10,000 as his senior project. The end goal was to purchase a baby drop-off box for the Seymour Fire Department. He mowed lawns and collected metal to sell as scrap. The article goes on to say his reward was when a healthy baby girl was left inside. The fire Chief Brad Lucas estimated that the child was only one hour old, when she was dropped off. An alarm rings when the box is opened by the person leaving a baby. The baby girl will be in custody of the Indiana state child services, once she is released from the hospital. A Safe Haven Baby Box is definitely better than abandoning a baby in unsafe conditions.

The Safe Haven Baby Boxes non-profit was founded by Monica Kelsey—who was abandoned as an infant herself—in an attempt to give distressed new moms a safe place to leave their child while remaining anonymous. Before the initiative was launched, two to three abandoned babies died every year in Indiana, said Kelsey. The state has had no abandoned babies die since the boxes were installed, she added. “These babies were left in trash cans and dumpsters. One was left at the door of a hospital. That baby had frozen to death before he was found.

While I am not a fan of adoption and I have made it abundantly clear that I think families need enough financial and other kinds of support in order for parents to be able to raise their children, I am a realist. I understand that options should not be removed from women because I believe babies are generally (but not always) better off if raised by their biological parents. The goal of Safe Haven Baby Boxes is to minimize harm and trauma. We should never limit the options available for mothers in crisis.

Adoptees Deserve Better

Steve Inskeep, is a co-host of NPR’s “Morning Edition” and “Up First.” He is an adoptee and an adoptive father. He penned an op-ed in the New York Times recently titled For 50 Years, I Was Denied the Story of My Birth. I share excerpts below.

In 1968, a woman appeared for an interview at the Children’s Bureau, an adoption agency in Indianapolis. She was in her 20s and alone. A caseworker noted her name, which I am withholding for reasons that will become apparent, and her appearance: She was “a very attractive, sweet looking girl,” who seemed “to come from a good background” and was “intelligent.” She had “blue eyes and rather blonde hair,” though the woman said her hair was getting darker over time, like that of her parents.

Her reason for coming was obvious. She was around 40 weeks pregnant. She told a story that the caseworker wrote down and filed in a cabinet, where it would rest for decades unseen. The expectant mother said she had grown up in Eastern Kentucky’s mountains, then migrated north as a teenager to find work after her father died. She was an office worker in Ohio when she became pregnant by a man who wasn’t going to marry her. The most remarkable part of her story was this: When she knew she was about to give birth, she drove westward out of Ohio, stopping at Indianapolis only because it was the first big city she encountered. She checked into a motel and found an obstetrician, who took one look and sent her to the Children’s Bureau. She arranged to place the baby for adoption and gave birth the next day.

The baby was me. Life is a journey, and I was born on a road trip. I spent 10 days in foster care before being adopted by my parents, Roland and Judith Inskeep, who deserve credit if I do any small good in the world.

In recent decades, open adoption has been replacing closed and sealed adoptions. The rules governing past adoptions change slowly. Mr Inskeep was not allowed to see his birth records. Everything he has shared about his biological parents was unknown to him growing up. He says, “They were such a blank, I could not even imagine what they might be like.”

His adopted daughter is from China, and like many international adoptees, she also had no story of her biological family. A social worker suggested to him that his adopted daughter might want to know his own adoption story someday. So I requested my records from the State of Indiana and was denied. Next I called the Children’s Bureau, where a kind woman on the phone had my records in her hands, but was not allowed to share them.

In 2018, the law in Indiana changed. Many adoptees or biological families may now obtain records unless another party to the adoption previously objected. In 2019 the state and the Children’s Bureau sent me documents that gave my biological mother’s name, left my biological father’s name blank and labeled me “illegitimate.” On a hospital form someone had taken my right footprint, with my biological mother’s right thumbprint below it on the page.

I saw something similar on my mom’s adoption file records. Tennessee had changed the law in the late 1990s for the victims of the Georgia Tann scandal only, sometime after they denied my mom but no one ever told her. My cousin told me she got her dad’s file (he was also adopted from The Tennessee Children’s Home) after my dad died in 2016 and that is why I now have the file my mom was denied on flimsy reasoning (her dad, who was 20 years old than her mom could not be proven to have died, though her mom had died and the state of Tennessee didn’t really try very hard).

Mr Inskeep writes – It’s been nearly two years since I first read those documents, and I’m still not over it. Knowing that story has altered how I think about myself, and the seemingly simple question of where I’m from. It’s brought on a feeling of revelation, and also of anger. I’m not upset with my biological mother; it was moving to learn how she managed her predicament alone. Her decisions left me with the family that I needed — that I love. Nor am I unhappy with the Children’s Bureau, which did its duty by preserving my records. I am angry that for 50 years, my state denied me the story of how I came to live on this earth. Strangers hid part of me from myself.

2% of US residents — roughly six million people — are adoptees. A majority were adopted domestically, with records frequently sealed, especially for older adoptees. Only nine states allow adoptees unrestricted access to birth records. Indiana is among those that have begun to allow it under certain conditions, while 19 states and the District of Columbia still permit nothing without a court order (I came up against this in Virginia). Also California, when my dad was born, I could get nothing out of them. Florida also remains closed.

This spring, more than a dozen states are considering legislation for greater openness. Bills in Florida, Texas and Maryland would ensure every adoptee’s access to pre-adoption birth records. Proposals in other states, like Arizona, would affirm the rights of some adoptees but not others. The legislation is driven by activists who have lobbied state by state for decades. Many insist on equality: All adoptees have a right to the same records as everyone else.

Equality would end an information blackout that robs people of identity and more. Mr Inskeep notes what my mom (an adoptee) often said to me – “I was never able to tell a doctor my family medical history when asked.” For that matter, until I learned who my original grandparents were from 2017 into 2018, I didn’t know mine either because BOTH of my parents were adoptees.

Closed adoption began as “confidential” adoption in the early 20th century, enabling parents and children to avoid the stigma of illegitimacy. Records were sealed to all but people directly involved. In a further step, by midcentury, even parties to the adoption were cut out. Agencies offered adoptive parents a chance to raise children without fear of intrusion by biological parents, and biological parents a chance to start over.

Access to information about one’s genetic background, heritage, and ancestry is a birthright denied only to adoptees. An adoptee is expected to honor a contract made over his or her body and without his or her consent.

Is Guardianship Enough ?

As prospective adoptive and foster parents find the all things adoption group I belong to, some of their perspectives truly do begin to change. Same for expectant mothers thinking about surrendering their child for adoption, then changing their mind and deciding that they may actually be capable of raising their own child. Always a happy outcome.

Unfortunately, many Division of Children and Families agencies at the state level still operate from an obsolete point of view. Here’s a story from one foster mother who is facing that dilemma.

We have a 7 year old pre-adoptive foster son that has lived with us for 21+ months. I always had the intention of adopting (until I joined this group), but we were only regular foster parents until this boy moved in. Everything was going “well” and mom was going to sign an open adoption agreement. Then the pandemic hit and we had to supervise their video visits, which ended up being good because we got to know each other. Then we offered to supervise the monthly in-person visits. I joined this group and now I’m trying to help mom to get her son back. She is working on her plan and I’m so proud of her, but I am not sure it will be enough for Division of Children and Families. We have a permanency meeting in a month, so I need some help.

I have 2 questions about our situation:

For the adoptive parents/foster parents in the group: How do you navigate changing a goal of adoption to guardianship, when the department has said in the past that doesn’t offer enough permanency for the child and they would move him. Is a 7-8 year old listened to, if the child says he wants to live here forever but only if his mom can’t get better?

For the adoptees/former foster youth in the group: Let’s assume mom’s rights are terminated. There is no dad involved and there literally is no family that could take this boy in and raise him. How do we know if this boy really wants to be adopted by us or not? How do we know if guardianship is or isn’t enough for him? We have a biological child who is only 6 months, in case that matters. How old is old enough for us to follow what the boy requests? We have heard so many adoptive parents talk about how their children’s behaviors changed after adoption because they felt “secure”, but after reading so much stuff in this group, I have a whole different view about adoption. Yet I don’t know how to figure out what our foster son would really want or if he would think we love him less, if we don’t adopt him.

Only one response, from an adoptive/foster parent so far but it could be helpful to others in a similar situation –

Does he have a CASA (Court Appointed Special Advocate) or GAL (Guardian ad Litem) ? I am not sure what state he is in but in Indiana, the guardianship petitions are heard in a separate court outside of the Child Protective Services court. Child Protective Services is notified that a guardianship petition has been filed and they can come and object, if they want but sometimes they don’t.

So I would think, if you get an attorney and just file it – with mom being in agreement, then they would have to come and object, explaining why adoption is better. I think if mom is making some efforts, then that would be a bonus towards guardianship.

Guardianship is always an option. I haven’t figured out why they don’t push more for guardianship for very young children and what the age is that it suddenly becomes an option but I have seen our state grant guardianship with a Child Protective Services case for kids as young as 2 years old.

Also, I don’t think it is ethical for the department to threaten you with moving him. So I would ask for a supervisor or above to sit in on your next meeting and just ask for them to explain why this is happening and why adoption is the only option. I would personally tell you that we have custody/guardianship for our two youngest and it has been good.

The Strange Case of the Ukrainian Adoptee

Not the child in this story.

She had traveled from Ukraine to the rolling hills and cornfields of Indiana, only to wind up on her own in a strange city. When police checked in with the girl in September 2014, it had been more than a year since she had seen or heard from her adoptive parents, who had changed her age from 11 to 22 on official documents and rented her an apartment before moving to Canada and leaving her behind.

This is strange enough but the story gets stranger from there.

The couple who abandoned the girl disagree about whether she actually was a child — or an adult pretending to be one.  The mother, now divorced from her husband, claims that the adoption was a “scam” and that the girl was a diagnosed psychopath and sociopath, who had been an adult the entire time they knew her.

Her ex-husband tells a different story.  As far as he was concerned, police said, the girl was a minor when they switched her age and left her behind in Lafayette Indiana. He also told detectives that his wife had counseled the girl to tell people that she was 22 if questioned, and to explain that she just looked young.

The family had adopted the disabled girl from Ukraine in 2010 and she came to live with them and their three sons in their cozy suburban home north of Indianapolis. The girl would later tell detectives that a different adoptive family had initially brought her to the United States in 2008. Though no details are provided in the police affidavit, there were apparently complications, because the couple in this story adopted her two years later.

The girl’s actual age was difficult to establish from the beginning.  In an Indiana probate court, they adoptive parents legally changed their daughter’s age from 11 to 22 and provided a letter that purportedly came from a doctor who said that the date on the girl’s birth certificate was “clearly inaccurate,” since she had both the teeth and the secondary sex characteristics of a grown adult.

The girl had been committed to a psychiatric hospital and diagnosed with sociopathic personality disorder in 2012, and, around that time, started to admit that she was over 18. Determining her true age was difficult, the letter states, because records provided by Ukrainian officials were “grossly incomplete” and her condition, spondyloepiphyseal dysplasia congenita (dwarfism), meant that the typical assessments weren’t helpful.

When her adoptive parents rented her an apartment in downtown Lafayette Indiana, she knew no one else there. What happened next is unclear.  It is said that the girl’s neighbors “took her under their wing.”  In May 2014, less than a year after her adoptive parents left her alone in the apartment, she was evicted for not paying her rent.

In September 2014, the Tippecanoe County Sheriff’s Office tracked down the adoptive daughter, who would have been 12 or 13 at the time. Legally, she was considered to be well into her mid-twenties.  Another five years passed before her adoptive parents  were finally charged with neglect.

When another couple petitioned to become her guardians in 2016, the adoptive parents filed an objection.  Two years later, the new couple changed their mind about the adoption, for reasons that weren’t specified. The adoptive parent’s petition was subsequently dismissed.

Stay tuned.  Authorities have hinted that there could be even more strange details to come. “This is going to end up on a TV show,” an anonymous law enforcement official remarked.

The Modern Foundling Wheel

Safe Haven Baby Box – Indiana

I first read about this concept in the book Mother Nature by Sarah Blaffer Hrdy while I lay in hospital having just delivered my oldest son.  Mothers could abandon newborn babies anonymously in a safe place known as a Foundling Wheel. This kind of arrangement was common in the Middle Ages and in the 18th and 19th centuries.

A modern form, the baby hatch, began to be introduced again from 1952 and since 2000 has come into use in many countries, notably in Germany and Pakistan but exists in countries all over the world under various names.

Now in the United States, there is the Safe Haven Baby Box which is found in Indiana.  Although every state in the US has a Safe Haven Law, anonymity is the benefit of the Baby Box. A Safe Haven Law requires the one relinquishing the baby to actually walk in to an authorized facility and physically hand the child off to a person.  The one relinquishing is going to be asked some questions.

I am decidedly pro-Life because 9 months is a lot to ask of any woman who does not want to or cannot for whatever reason parent a child.  However, if abortion is not accessible for whatever reason, an anonymous method of giving the child away safely is preferable to infanticide.  And no, I do not think abortion is infanticide though there are plenty who would argue the point with me.

Although a baby left in a Baby Box is not going to know anything about their origins, inexpensive DNA tests and matching sites could still reveal some things about their origins in a future time once they reach adulthood.  I know, it worked for me.  No, I wasn’t relinquished but both of my parents were.