He Did Not Give Birth

There is some push back on calling him the “birth” father. After all, he didn’t give birth. Often, the father isn’t actually known or is misrepresented by the woman giving birth. I know of situations where these kinds of circumstances exist.

Birth father has commonly be used to refer to a man who’s child is being or has been placed with an adoptive family. The actual man is certainly the genetic father. Some adoptees will derogatively refer to him as their sperm donor and that is accurate too. Others refer to him as their biodad. More than one will say simply that he should be referred to simply as “dad.”

Throughout history, men have had the easy path in human reproduction. Their contribution takes almost no time at all, whereas a woman must devote as much as 9 months of her life for a completely new human being to emerge into the world. Technically, what is referred to as a birth father is one who pays no child support. Often an adoption is finalized without the birth father’s knowledge or consent. If you are not married to the mother of your child at the time of birth, you are considered a ‘putative father,’ meaning reputed to be. Often a genetic father denies he fathered a child until forced to do a paternity test which proves the truth (or not) of the situation.

And realistically this – being called birth father or bio father does not diminish what you as the birth mother have gone through. And this came up repeatedly – it really is up to the child what they chose to call their father. Also, the birth mother who started this was reminded that she needs to be very careful whenever she expresses disagreement because her relationship with her child could be snatched away, at any time – for any reason, that the adoptive parents see fit to do that. Don’t risk it over this because if she gets cut off her child will experience yet another loss. She does not get to be a gatekeeper regarding her child’s relationships. Her issues with her child’s father shouldn’t become her child’s issues. It doesn’t matter when his relationship with his child started because at least he has one now.

Thwarted Father

I had never heard this legal term – Thwarted Father. However, there has been the occurrence of one in my own family. I thought I was “close” to my youngest sister when she became pregnant out of wedlock. It was always her intention to give her baby up for adoption and she sent me packages from prospective adoptive parents for my opinion about each. She also lied to me about who the father was. She lied about who the father was on her baby’s birth certificate.

Fast forward many years. Just before our dad died, my nephew’s adoptive mother contacted me. I had to share with her that my nephew’s mother actually is severely mentally ill (most likely paranoid schizophrenia but medical privacy laws have prevented our family from actually knowing her diagnosis – so this is experientially on my part but it is clear her mind operates in an entirely different way – which surprisingly I sort of understand as a kind of limbo – in this world we collectively share in common but not in exactly the same world that most people agree is a reality, using that last term rather loosely).

The DNA was just not adding up. I will always feel deeply grateful to my nephew’s adoptive mother for her willingness to go the extra mile for him to have accurate identity information. She hired a private investigator and eventually the DNA was narrowed down to two men who were brothers and who as it turns out my sister had had sexual relations with. Paternity tests of an advanced nature then determined which man was the father. Interestingly, he had only been with my sister sexually once. And she seduced him – according to the story – when she opened the door to him (he was there to drop papers off for our dad who was his friend), she dropped the towel covering her naked body. From a cousin there is an indication that my sister was sexually assaulted by her riding coach when she was only middle school age. While their interactions may have been consensual, at that age, I would not term it informed consent.

My nephew was a mature young adult by then. Certainly, it was awkward for my sister because she was very close with our dad. However, there is a dark side to this story. She knew. About 6 months after her baby was born and already adopted, she sent a newborn photo of her son to the father and told him. He threatened to sue for custody. On Father’s Day, she called his house very early in the morning to inform him the adoptive parents and the baby had been killed in a car accident. Imagine his surprise and his anger at having been thwarted from having a relationship with his son. They do try to build a relationship now. It is always hard to make up for all that was lost – in fact – it is never possible.

What exactly do ‘thwarted fathers’ get? Nada. Zip. Zero. Zilch. Well unless you consider the scripted ridicule. And then they get ‘deadbeat’, ‘loser’, ‘serial impregnator’, ‘sperm donor’, etc…

According to the Meriam Webster dictionary, to thwart is to:

run counter to so as to effectively oppose or baffle : contravene
oppose successfully : defeat the hopes or aspirations of
pass through or across

In the case of adopted individuals – a “Thwarted Father” means he was effectively opposed, that the adoptive couple effectively violated his rights, even if unknowingly. It means his hopes and aspirations of being a father were defeated. He was passed. His child stolen from him with a trickery of the law. And I would add, a deliberate falsehood.

At this time, my nephew and myself as well (and his natural, biological/genetic father) all keep ourselves out of the awareness of my sister. It pains my own heart that it must be so but she refuses to accept treatment, as is her right. However, it is upsetting to be in direct contact with her. So we each, for our own well-being, chose not to have contact with her.

Welcome to June when we turn some of our attention to fathers. They deserve a bit, don’t you think ? With my two sons, I would be totally lost in trying to raise them without their dad in their lives. I know single moms who do a good job of it and maybe I would too – if I had to. Let’s just say, I’m grateful that I do not have to test that possibility in reality.

When The Money Matters

Family court is always about who can outspend the other, not about who is best for a child. Now, if you are biological family to a child who’s parents aren’t fit and that child is taken by the Dept of Social Services, any foster parent can outspend you in court and adopt and take that kid, YOUR BLOOD family, anywhere they want. Biology means nothing compared to a “foster” parent wishing to adopt a “Same Race American” baby the cheap way.

Its much more expensive to adopt a child if you’re not a foster parent, but you can run most families in the ground financially trying to save their blood, and take that child with the help of Dept of Social Services (taxpayers help pay for these adoptions) for much less, usually. All thanks to this case ruling that was only intended to allow a foster to adopt – only – if the biological family was ALL unfit.

Now it applies in any case, even when that child has a huge, wonderful, loving family, even if a family has to cut ties with a biological parent. As always, $$$ talks, and this child could lose her wonderful grandparents after a $100,000 + 3 year battle.

I am so heartbroken for Gracie and The Hajeks. This case could affect any of us and often no one even knows about a family’s challenges. Many of us have either benefitted or lost in a divorce/custody case because of the amount of money we could spend, rather than what was in the best interest of the child. It would be morally wrong if this child is purchased by the highest bidder, rather than remaining with her natural family.

It is a complicated legal case – the grandparents have a temporary joint custody of their granddaughter in an odd custody arrangement that includes the former foster caregivers. The grandparents are being pushed to settle with previous foster parents because they want to adopt the child.

The girl was taken away from her mom at 3 days old when drugs were discovered in her biological system. The baby girl was then placed into foster care. The girl’s mom had tried to hide the identity of her dad and so put someone else’s name on the birth certificate (my own sister did that with my nephew).

So, the grandparents found out about the baby’s existence when she was 3 months old. Their son had learned about her and was trying to get custody. He had to have his paternity confirmed. This was finally completed when the baby girl was 7 months old. Though he wanted a relationship with his daughter, he wisely believed he could not care for her fully and asked his parents to step in. They willingly agreed.

The Dept of Social Services and the child’s Guardian Ad Litem recommended family placement. The judge presiding at the time awarded a visitation schedule to the foster caregivers along with placement with grandparents. Several months ago, when the Dept of Social Services wanted to close the case, the judge awarded an odd temporary joint custody between grandparents and foster caregivers. The girl spends 3 days with the foster parents and 4 days with her grandparents. The grandparents do have final say in her issues. The Dept of Social Services is no longer involved.

The foster caregivers are now fighting in court to adopt the 4 yr old girl. They have not done much to move the case forward. The strategy appears to be continuing the case, so that the grandparents run out of money and lose by default. The foster caregivers have never been generous as they have always wanted to adopt her. Originally they only wanted to give the grandparents 4 weekends a year. The grandparents pushed for their rights and were given every other weekend.

The grandparents are young – age 40 and under. They want to raise their granddaughter but feel trapped in the legal system. They don’t have funds to fight the foster caregivers for much longer. The grandparents have lost their lawyer because of falling into arrears in their payment of legal fees. So now, they are on their own in this fight.

Only noting here that the male foster caregiver is a police officer and worked as a court bailiff for many years. So he knows how the legal system functions.

Here is the link, Help The Hajek Family Fundraiser, if you are willing to donate to the grandparents’ legal expenses.