Family Just Ought To Come First

My family is fractured by adoption but thankfully, those who went away have reunited with the rest of us and those we never knew are better known now thanks to those who did know my original grandparents. So, today’s unbelievable but true story.

Looking to find sources to help bring my cousin home. We have signed an intent to adopt and filled out licensing paperwork to adopt my 18 month old cousin. He has been in care 15 months and we only found out about this the last week in June. On July 1st, I started emailing the case worker asking for placement and expressing our interest in adopting, if it came to that. I got no reply. On July 11th, the Termination of Parental Rights (TPR) happened. I emailed everyday after expressing our interest and explaining we were already licensed to foster. We finally got to have a visit with him on Aug 1st and again, this past Friday via zoom. We have virtual bi-weekly visits set up because we are 10 hours away. We are the first members in our family to get to see him aside from mom and dad since he has been in care. The agency has made it clear that the foster parents have also signed an intent to adopt, so we are viewed as a competing party to them. They have now had him for almost 7 months. There is a post TPR hearing this week. The Guardian Ad Litem (GAL) said it will probably only be a 10 min hearing and that probably nothing will happen at that hearing. The agency has made it clear they don’t plan on changing his placement until they give a recommendation regarding who they feel the best family fit is to adopt him and gives consent, then the judge orders the child’s placement. Please help If you can.

The response from a former foster care youth – It pisses me off foster parents do this and the state supports foster parents doing this. My heart hurts that so many kids miss out on being with family. My advice is don’t believe and never believe foster parents, the GAL, Court Appointed Special Advocate (CASA), caseworker, or anyone else in the system. They’re all for themselves. Don’t believe in the “child is bonding” crap either. They use this to keep kids and adopt them out to strangers. Don’t fall for the open adoption crap either. I agree with hiring a lawyer. I wanted to comment and say “I’m sorry”. I’m sorry you can’t get your cousin and I’m sorry foster parents and the state are selfish people. If the child is a child they are willing to disrupt, a perceived bond won’t matter, if that is disrupted again. I missed out on being with family because Child Protective Services (CPS) didn’t care, even though I did go back. However, I could’ve avoided 24 foster homes if CPS did their jobs and placed me with family. Nobody understands the trauma they’re putting kids through by not keeping them with family.

Such Misplaced Priorities

I was reading today where a hopeful adoptive mother actually was promoting to the son of an expectant mother all of the things they could financially provide to her soon to be delivered baby. This is unbelievably clueless. The boy would have loved to send the woman the message below (but his mother did not allow it, saying, “I’d love it, if he could respond that way, but it’s best if he doesn’t respond at all because I don’t think she was supposed to do that.”) –

Dear Hopeful Kidnapper,

My Aunt lives 10 minutes away in a 5,000 square foot house with a pool in her backyard. We can drive to the beach in my parents fifth wheel and she can build sand castles with us. We don’t need a beach house, we drag our house with us. Her cousin loves horses and can provide that experience for our baby as well. How arrogant that you think you can give her a “better life.” Has anyone ever mentioned money doesn’t buy happiness?

And this hopeful adoptive mother is also a social worker ? Hopefully these are being given to the attorney as this is straight up harassment! The fact that she is a social worker makes this even worse, she should know better! This lady has certainly earned a top spot on the Hopeful Adoptive Parent Stranger Danger List. Being a social worker, you’d think she would have first hand knowledge that even under the most dire circumstances, most adoptees would not chose to trade up their own mother, father and family for strangers that perceive themselves as having more or better. So, neither would this newborn. It’s just nature’s way.

When adoptees say they hate hopeful adoptive parents – this is why. This arrogance and the saviorism that centers on them but not the child. The willingness…no, the eagerness to cross every boundary a decent human understands, just to get what they want. All while casting dispersions on people who are in crisis.

This perspective – I don’t understand why people make help conditional on buying a baby. It’s never “Hey, we know you’re struggling and since we care about the baby so much, we’d like to be super involved as aunt and uncle, so we can make a difference in this child’s life.” This is why hopeful adoptive parents make me so angry. They have the resources to help but will only do so by destroying a family to benefit themselves. It’s gross.

And really, this is true – The only reason she’s harassing y’all is because of how soon baby will be here. I guarantee, if someone offered them a baby tomorrow, she’d vanish from your life. So gross.

More truth – No lavish house, top school, showy beach house will fill the void that separation from a parent will create. Children don’t care about social status. This is SO elitist!!! Like what a wild fantasy life she has dreamed up! What if this daughter doesn’t like dogs or horses and sand?! All children have the ability and their moments of it — what if this child is destructive and wild??! What happens when this fantasy bubble and perfect home and plan aren’t going exactly as she pictured?? Kids are hard and messy and unpredictable. Parenting is more than these clouds in the sky fakeness.

Finally, this from direct experience – I am an adoptee. I grew up in a huge, beautiful brick home. I had a swimming pool, along with a swim & racquet club less than 500 feet from my driveway. I had the “best of the best” as far as society saw. Upper middle class. Not rich, but never struggled for anything we “needed”. Even with that, I would have given all of it up to be with my biological family!

The Brave New World

It is a reproductive fact – the egg contributes 50% of a person’s DNA, the sperm contributes 50% of a person’s DNA. For donor conceived children, the mother and/or father who is raising them may or may not be genetically related to them. Often, at least one parent is but in the brave new world of creating human beings utilizing reproductive technology – a child may be raised by a single mother who is not related at all to her child – though she may have carried the child and even breastfed her baby. The truth is that one’s marriage to their child is life-long, though as in the case of divorce, a genetically related parent may not be in their child’s life 24/7 or even throughout the childhood.

I do know of families with donor conceived children for whom the donor was anonymous – this can apply to egg donors as well as sperm donors. Fact is – Anonymity — as a pragmatic matter — can no longer be guaranteed to the donors who contribute to the existence of any donor conceived person. Donor-conceived people have interests all their own. Not all donor-conceived people know about their origin, and many express an interest in knowing more about their donors, including medical and identifying information. In a group of adult donor-conceived offspring from the 256 families that were eligible to receive identifying information, 85 (35%) contacted the clinic for this purpose. Many of those who contacted the clinic did so within the first three years after they turned 18, with the most common motivation to obtain information about their donors, including who they are as a person, their reasons for donation and their medical and health information. Third, recipients have a strong interest in knowing about the health risks their future children may experience based on the medical history of the donor.

Today, a woman writes – I’ve decided to conceive through a known local donor and my own egg. The child will know this man is their biological father. We are planning on meet up at least every 2 weeks from birth and he will receive plenty of pictures. He has also agreed to donate a second time in about 2 years so that my children will be biological siblings. (my note – that is certainly what my husband and I have as sons.) My question is, is there anything I’m overlooking in my excitement that I can do differently for the well-being of the child with this set up?

There are some details that sound like they haven’t been worked out yet. Is this an informal sperm donation or is it being arranged through a bank? Will he be listed on the birth certificate as the child’s father? Have you asked for perspectives from donor conceived people? Do you have a support system to help you raise the baby if he is not planning to be involved financially or practically? Has anything been drawn up legally? If he is not on the birth certificate as the father then he has no responsibility to help, participate or abide by your wishes. Sperm donors are not treated as the father of the child by law. No matter how much you may like and trust him today, things can change. To be clear, I am not against you creating a donor conceived a child. I encourage you to work out the legal details and to really think about the what if‘s no matter how unlikely they may seem now.

One response and some additional questions was this – The most ethical way to do this would be to list him on the birth certificate as the father and actually co-parent with him, not just let the child meet up with him every two weeks. Do you really think that would work out long term ? How would you handle it if the child tells you they want more time with their dad, overnights or to live with their dad or anything at all ?

Then there was this – What about when dad develops a new relationship with a woman who wants him all to herself?? To be with her and their “real” kids? Followed by an example – I actually know someone who was in this exact situation. She did what you are hoping to do, with a man who she thought would be in her child’s life forever. He moved across the country, married a woman who was/is extremely uncomfortable with the situation, they had kids together, and now he hasn’t seen his oldest child in over 2 years.

The woman in the question doesn’t want a romantic relationship and so that brings up another issue – You can forgo a romantic relationship, while also not procreating with a stranger. I do not understand why anyone would have a child with a man you do not know and then give that man access to your child. It takes a level of intimacy to trust someone to father your kid, doesn’t have to be romantic.

Again, more questions – what happens if you do meet somebody and fall in love, and your partner wants to take on the role of “dad” and feels threatened by the child’s relationship with its father ? And mentioned before – What happens if the father meets somebody and falls in love and she feels threatened by it, and tells him she doesn’t want him involved with you and your child ? What happens if he gets a job opportunity that moves him across the country, or even across the world ?

A woman choosing to donor conceive really needs to seriously think through the situation and there are situations where it does make sense and can be handled well. So just some final thoughts –

Both need to be absolutely certain on how that would work. Couples that intimately know each other can struggle to communicate well enough to co-parent, even within a marriage, and even more so when they live apart. You mentioned the specific of every two weeks having visits but what do you expect the visit to entail? How will you communicate changes in schedule? Are there financial obligations? Would your expectations change if his financial situation changed? What influence would he have on life decisions such as education, religion, place of residence, activities etc. What if someone needs or wants to move? Will you be able to control who else is included in the visits? How will his family be included or excluded? How will you handle inevitable disagreements on important issues? Do you have it legally planned out if something should happen to you and you are unable to parent or pass away? Planning to have full legal custody doesn’t guarantee you will make every decision on your own for the child. Are you financially prepared to confront additional legal barriers? You also mentioned having a sibling in two years which opens a new can of worms so to speak. I have watched so many of my friends struggle to work with someone they once loved navigating these issues. Some no longer recognize the person they chose (it happened) to father their child. Parenthood fundamentally changes people and it does seem you could set you and your child up for tremendous conflict. I think I would have multiple friends and family members write down every potential question they can think of and discuss how you can legally address these questions. I would also set up a prescribed procedure that should be followed when conflict does arise. I hope that is something attorneys can legally require. I’m sure you have thought a lot about what you expect, just be certain all of the potential legal issues are addressed to the best of your ability. In my opinion it would be a mistake to cross bridges when you come to them or rely on the donor to be a benevolent actor.

And just this advice – for your own protection, talk with a lawyer first. I got a free consult with a lawyer with expertise in this area, and decided a sperm bank was a better choice. There are a lot of cases, especially in certain states, where your donor could be considered a father, and could take custody, even with a legal agreement in place. Or could prevent you from moving out of state, etc. Took me awhile to let that dream go, but it was the right choice for me.

And though there aren’t many yet (I have read an essay from one myself who recognized she would not exist otherwise, which I thought a very healthy perspective) here are some Thoughts From A IVF Donor Conceived Person (if you want to read some more from such a person’s perspective). With this one, I thought this was also a healthy perspective – “I have never doubted that I was wanted, I’ve always known I was meant to be here on this earth. My conception wasn’t down to mystical chance, I had purpose and meaning to both sets of my parents from the moment I was conceived in my little Petri dish.”

Personally, as a last word, I can relate to this as I experienced secondary infertility, I was simply too old to conceive naturally any longer, even though I did give birth to a genetically, biologically related child – “Finding that you need assistance in conceiving does not mean you have failed, and it doesn’t mean any child you conceive through assisted reproduction is in any way ‘artificial’ or different from naturally conceived children. I’m proud of both my biological mother and my mother. IVF doesn’t make them any different to other parents, and raising a child that was not her own biological material doesn’t make my mother less of a parent.”

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Re-Adoption and Inheritance

The answer can be complicated and it is advised to consult an attorney. Here’s the backstory.

My Mom called today and asked if she could re-adopt me back. She and my biological siblings want to include me in family legalities/trusts/wills/etc. I am not opposed at all and delighted that she and my siblings want this to be. I will be 38 in a couple weeks and live in the US but we live in different states. I do not talk to my adopted family except my adopted sister, due to some horrific abuse and continuous support by the biological family of the abuser/s over me and others (surprise, surprise). I will be inheriting some of the estate from my adopted family (they think it’s shut up money/absolves their guilt possibly?) I have quite a few medical/psychiatric bills from well….everything about them and feel reimbursement for that is the least they can do, and anything extra will be used to help families hire decent lawyers to keep their own children from the broken system. So my question is, will being adopted back into my biological family cause any legal ramifications for me? Or can I move forward and add another band-aid to my soul??

I have been aware of inheritance rights for adoptees in Texas, especially regarding my mom who had a sizeable inheritance involved. I found this pro-adoption advice site article (Adoptees and Inheritance) which includes a bit of disclaimer – while the following information isn’t legal advice, it may offer you a better understanding of the inheritance rights of adopted children.

Especially this section but other parts of that linked information may be useful –

Can an Adopted Child Inherit from Biological Parents?

Sometimes. Because your biological parents’ legal parental rights to you were terminated, you have no automatic legal rights to their inheritance or assets. That legal connection is instead transferred to your adoptive parents.

However, birth parents can choose to include any biological children, including you, as a beneficiary in their will. As long as none of their other family members contest the will and your inclusion, that request is honored. Birth parents will need to be clear in their will about how to contact you, so their estate manager can get in touch with you about inheritance.

If your birth parents die without making a will, or if they don’t include you in their will, then you will not automatically inherit from them, unlike your adoptive parents.

Although you can be listed as a beneficiary in your biological parents’ wills, you may not always be able to contest their wills, as you don’t have a legal connection to them (unlike your adoptive parents). But this all simply depends on your individual situation and your personal relationship with your birth parents, so consult your attorney if you think you need to contest a birth parent’s will.

And there was this opinion from the all things adoption group –

The legal ramifications of being re-adopted vary from state to state (in regards to inheritance, it would be the deceased person’s state or wherever the will is probated). The document linked below covers the very basics regarding adoption and inheritance, but may be helpful. In some states being adopted does not sever inheritance rights, so the adoptee can inherit from both “natural” (in original case above, the first adoptive parents) and adoptive family members estates, so long as relationships have been maintained, which I didn’t realize, but it just depends on the individual state…

Intestate Inheritance Rights for Adopted Persons

What’s Best ?

Lily’s Slimy Struggle by Hefess on DeviantArt

Today’s Sticky Situation – I have a friend who approached me asking if we could adopt her child she is currently pregnant with. She has frankly just an absolutely awful situation. Her baby’s father is getting out of prison soon after baby’s birth. (Within a month or so of birth) He does not know she is pregnant. I know him. We all grew up together. He’s awful. Abusive in every sense of the word. Drug addict. Been know to be inappropriate with children. Scary guy honestly. She has tried to leave him in the past and he’s always found her. She has no money. No savings. No family. We have exhausted looking into women’s shelters in our area and none are accepting people right now. She is insistent that she wants me and my spouse to raise her child and while we could very easily welcome a child into our home, that’s really not the point. She refuses to stay with me in fear of brining danger to my family and kids once her ex is out of prison. She’s saying she understands if I don’t want to take her baby but that if I won’t she is going to put baby up for adoption, terminating all parental rights, the whole thing. I really feel like she is going to regret this. I’ve offered some of the resources I’ve seen mentioned in here with really no changes in her decision. What would you do in this situation? My wife is of the mind that we should agree with the idea that baby won’t be going to strangers and if she changes her mind she won’t be in a situation where her baby is just gone to a new family she doesn’t know and will have no recourse to her baby back. With us this can all be undone if she wants that at any point. I don’t disagree with that but it still just feels so wrong. Is this the right choice? What else can we do to help her? I’m just so lost on how to proceed. I know deep down she does not want to give up her baby. She feels like she’s doing it for their safety and I understand that reasoning. Thoughts? I would appreciate so much any advice. Thanks!

Initial response – Can you look into women’s shelters in other counties or states? Either way it seems like getting far away from the abusive father would be beneficial for her and baby. I know many people recommend guardianship in lieu of adoption. I don’t know the specifics of how that works but maybe that could be an interim option.

The original commenter’s response – We have looked out of area and there seems to be some options for housing but she has a decent job here. She makes just enough to support herself. She’s not sure how to move out of area with a newborn, no savings and no job lined up. I’m not sure how that works either. I completely agree leaving the area would be best.

This response seems practical – Talk to a lawyer (or pay for her to do so). One experienced in domestic violence and child custody would be best. Dad will be able to claim parental rights no matter how bad he is, so she’ll need legal advice about how to keep him away from the baby no matter what option she chooses. Then you could talk to the lawyer about a guardianship arrangement, if she needs someone (you) to care for baby, and it will be much easier to get baby back when things are more stable.

The original commenter’s response was – I’ve mentioned this to her. I’ll keep working on her because I agree I think this a good idea. Her plan was to adopt baby out and claim she doesn’t know who the father is.

To which the answering response was – that may work, but if he finds out about it, he could contest the adoption and even potentially get full custody if she’s surrendered her own rights.

And the original commenter’s response was – I’ve mentioned that to her. She’s just so scared I think she isn’t fully hearing half of what I’m saying. I don’t see any scenario he could ever get custody though. He’s a registered child sex offender along with drug charges, gang ties. Things like that.

There is some question about whether she is married to this man or not – if he is her husband, he’d automatically be put on the birth certificate. If he’s not, she’d have to name him to get his name on the birth certificate, but if he finds out (from a mutual friend, etc), he could assert rights and demand a DNA test to prove paternity. Hopefully he has no interest in that, but abusers often do stuff like that just to pull their ex back in, even if they have no interest in parenting. All it takes is for a mutual acquaintance to see her pregnant belly at the grocery store and pass the word.

Finally this advice, a plan that can be put into action – For now, set up a temporary guardianship for when the baby is born. That way, you can take care of baby’s medical needs and everyone involved can be as safe as possible, but she still has her parental rights. Tell her not to sign the father’s name on the birth certificate when the baby is born. This means no child support, but also no abusive man can come take the baby unless he demands a paternity test. Have her keep her SS, ID, and Birth Certificates in a very easy to grab place that’s not suspicious. This could be with her or you, just somewhere safe. This is so any split second notice she can take it and leave without it being noticeable. Start saving up for a deposit that can get her and baby into a new, unknown place with a cushion too so she has time to get job or income assistance. Keep an eye around town for the shelters opening up. Its not illegal to be homeless with a newborn for this exact reason. Do the same with food drives. Maybe start hording separate gobags with diapers and formula as well. Get a burner phone. Depending on how tech savy he is, one without a GPS. He will probably be calling her off the hook and/or looking for her once he gets out. Finally, and this is worst case scenario and I hate to bring it up, she needs to put it in a legal contract who this baby is going to if she dies. This will also ideally be in the go bag. I can’t help on the adoption end of your question, but I’ve been through the leaving part. It’s going to be scary, and its gonna f**king suck. I’ve had to do this before, minus a child.

Love vs Taking

I’ve had 3 in my life’s relationships (though the worst one was the one where I wasn’t actually married to her son). I have sympathy for anyone dealing with a toxic or even just difficult mother in law. I have great sympathy for this challenged young woman who’s story I share today.

Context: my mom and my MIL have problems with each other stemming from early 2020 because my MIL made so many Child Protective Services (CPS) calls on my mom that my siblings got taken.

Also, I’m Former Foster Care.

I moved back in with my mom temporarily (now permanently but it was supposed to only be temporary) so that my mom could work and have someone look after my siblings. She’s still working on getting my siblings put in daycare and get title 20 so it’s not horribly expensive

Anyway, now my MIL is trying to get my son taken because she is upset that we moved out and in with my mom (who she doesn’t like) and she wants to take my son.

When I first found out I was pregnant she freaked out and said she was going to “apply for custody” (like wtf) and then said all kinds of stuff behind my back while I was pregnant about how she was going to take him and I was going to be a bad mom.

I didn’t want to cut her out and I still don’t want to cut her out because she is his family but I don’t know what to do. She’s making up all kinds of lies about me and taking pictures of my bedroom in her house (which is a mess because she wouldn’t let me put any of my stuff anywhere else and we were in the process of moving our stuff out). I’m afraid that she’s going to get my son taken and I really don’t want him going through what I went through in the foster care system.

My son is very attached to me and I’m attached to him, I love him more than anything and I’m so afraid of losing him. I just knew that she was going to try to do this because she has always been jealous that he is not her baby and has always been critical of me from the very beginning and I’m so scared. I just don’t understand why she wants to mess with my and my son’s life.

I thought this was good advice – I would definitely have your boyfriend put a stop to it (they are not actually married but I had the same perspective of considering a woman my MIL when I was living seriously with someone I wasn’t married to). It’s his mother and he needs to take that responsibility and protect you and your baby. Maybe do what you can to get a place of your own. Since your mom has a CPS case against her, your mil can use that against you as well. So sorry you’re going through this. Might be best to cut ties for awhile until she learns to respect you as the wife/girlfriend of her son and the mother of her grandchild. You have a valid reason to be fearful.

Someone else advised – I think you need to prepare for a CPS investigation. Be prepared to show how he is financially supported. If/when they interview you, stay very calm and resist the urge to criticize your MIL. Say things like “I know she only wants the best for him and of course as his mother, so do I. And the best thing for any child is to be in a safe and stable home with their parents.” You may want to rehearse this.

And sadly, more than one said this but this one is good advice – I had a similar situation. We went to a lawyer. The advice was to completely cut her out so it shows you have no interest in her being in your life. It shows you are doing what’s best for your child as well. It even meant blocking all social media. It worked for us and if CPS shows up, be ready but you can say you have no contact with her.

When The Deck Is Stacked Against You

When my sons were young, I seriously worried that someone might disagree with our parenting of them and take our sons away from us. On occasion, I even warned them that their behavior put us all at risk. That was before I learned my parents adoption stories and before I joined an all things adoption which includes foster care group. Since then, the horror stories I have read about Child Protective Services makes my concerns of yesteryear seem less paranoid. I remember a Simpsons episode where the children are taken away from Homer and Marge over some coincidental events and given to the Flanders. Since our family was watching the series on dvds at the time, I used that episode to illustrate the dangers to my young sons.

So today, I read this story –

My biological mom is now sober, almost off probation and holding down a full time job, while keeping her house clean. Child Protective Services is telling her that unless she serves every single meal at the dining room table with the whole family, she’s not in compliance and my 6 year old sister is at risk of being taken away from her. Please try to tell me how Child Protective Services is not organized with the intent to steal kids from capable parents. Even when incapable parents turn their lives around and do the work required of them to become what their kids need to thrive, the system itself fights against them with arbitrary demands.

I can relate to this comment because it is much the same in my family (and we have the added challenge that my youngest son doesn’t believe the food that my husband and older son eat with me is actually fit for him to eat and so, I make provisions to include this one in some aspect of what the rest of us are eating (at least what he can accept as food LOL).

We have a maximum of 1 family meal per day as both my hubby and me work. The boys have breakfast together, though the older one often chooses to skip breakfast, lunch is at school and dinner is together, if my husband gets out of the clinic early enough. Sometimes one of the boys is angry and chooses to eat alone in his room to cool off, sometimes we eat in front of the tv. Sometimes my kids even eat outside in the park.

Someone else notes – we are the rare family who eats dinner together nightly but breakfast??? Lunch??? Not everyone is up together or home for lunch.

That pretty much describes my own family. We do have dinner together and I grew up with dinner at the dining room table but my dad was not always there because he worked shifts at an oil refinery. Everyone is on their own for breakfast and lunch in my household of today.

This is NOT the first time I have read they will go to your kid’s school and ask them questions –

They can prove where the kids are eating their meals by asking the kids at school without your knowledge or permission! I told my kids – if someone is at your school who you don’t know and they start asking questions, don’t answer them until I’m with you! No matter what they ask you say – “I’m not answering any questions without my mom here with me, you are a stranger.”

One suggestion is to get this demand in writing and consult with an attorney about it.

Someone else acknowledges how wealth inequality factors into these kinds of cases – they push all kinds of 1950s era respectability on poor moms, while the richer ones can feed theirs charges nuggets at the drive thru daily. And don’t get me started on substance abuse being leveraged against some parents, while the richer ones proudly boast how much wine they need just to be around their kids.

It’s not where you eat that makes you a family, but how you interact, and dinner is absolutely not the only place to interact by even the smallest stretch of the imagination.

One person admitted – They had issues with my kids eating crackers from a little cup on the floor, dropping one and then picking it up off the floor. It was a reason they gave for removal.

The response was – Have they never heard of the 5 second rule? Lol In all seriousness though, kids need to be exposed to a certain level of germs in order to build up their immune systems. Eating a cracker off the floor is not even the tiniest bit concerning. I’m so sorry they did that to you.

And I will add – I am not the germ free spotless kind of mother. And my kids have been healthy as all get out. I believe it is because I allowed them to be exposed to a certain level of germs. I believe that is actually true. They say if there is too much disinfectant and sanitizer involved, the kids are more vulnerable to illness.

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.

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.

No Communication ? Then Terminate

I did not know this was possible.  So, there is this case of a child in foster care.  The Dept of Children and Families is recommending that the child continue on in their care and flippantly adds in that the parents can lose their rights based on their level of communication with one another. That’s the DCFs basis for “terminating parental rights.”

Therefore, a grandparent is seeking a kinship adoption with plans to allow the parent who has been stable and involved in the child’s life from day one to raise that child.  It gets complicated.

Certainly, offering the child a stable, safe, loving home is preferable to the instability of foster care.  A kinship adoption keeps the child with their natural family. In this case, an original birth certificate can be obtained so that when the child is older, it will be accessible to them. Advocates suggest asking that the birth certificate not to be amended. The official world may think you are insane because changing an adoptee’s name is the more common approach.

For the grandparent that is willing, always it is better for a child, long term, to be somewhere stable and away from the family court system. However, as a family member, be very careful if your plan is to adopt “on paper” but give the children to a parent who’s rights are terminated.  In court, you will have to commit to raising them.  If you do otherwise, and it becomes known, you could lose custody as well.

It is also true that with kinship placement adoptions, the courts will be more lenient on contact with a terminated parent, than they would be in another type of adoption. After all, it is unrealistic to expect family members not to have contact with one another and the purpose of a kinship adoption is to keep the child in contact with their natural family.  This is simply a different kind of adoption compared to the child going to strangers.

In complicated situations such as this example, it is best to obtain an attorney.  If they are willing, have the parents sign guardianship or voluntary termination so you as the grandparent can take custody of your grandchild.   It isn’t uncommon for foster families to fight the change, when adoption is so close.  They will cite the child’s attachment to them.  Also DCF will challenge you as to why you didn’t ask for the placement of your grandchild, at the time the child was removed from their parent(s).

By establishing that you would be willing to take guardianship or even adopt, if needed – the social worker can change the plan for this child to “adoption or concurrent work towards a reunification with adoption possible if necessary, before an actual termination occurs.

Bottom line – all children need to stay with family whenever possible.