The Mandalorian

So, I’m not a Star Wars fan. I was once told I reminded a Salon participant at Jean Houston’s home of Yoda. I went looking. I have to admit there was some physical resemblance. LOL

Anyway, today I learned from a Time magazine article about The Last of Us that The Mandalorian had an adoption theme. That I did find interesting (though I am still not going to watch it). I did go looking and found quite an extensive article at Adoption.org LINK>What Does ‘Star Wars’ Have To Do With Adoption? In that article I found some answers.

From the article –

There is also a series in the Star Wars universe that is an amazing picture of foster care in the most untraditional sense. The Mandalorian explores the question of “who is family” when the main character is charged with capturing and eventually protecting a young creature who bears a strong resemblance to Yoda. He is strong in the force, but the Mandalorian is set in a time when being a Jedi is outlawed, and Jedis are killed without impunity. The Mandalorian becomes a makeshift foster father to the little guy who finds all kinds of ways to get into trouble and create drama. The war-hardened Mandalorian grows to love the little guy and does everything in his power to keep him safe and to get him back to “his people.”  At the end of the first season, we see Grogu go off with Luke to learn about the ways of the force, but it probably isn’t the last time we’ll see the little guy. 

Maybe it is just because adoption and foster care are such a huge part of my life that the themes of adoption, found family, and foster care stand out so starkly, but I don’t think so. The entire series falls apart without twins separated at birth. It doesn’t work without friends who didn’t know each other becoming the best allies for one another. The connection they feel is what ties all of the stories together. One of my favorite parts of the movies is that Jedi “become one with the force” when they die. When someone is “one with the force,” they turn invisible but can still interact with the living Jedi. They can still root their family on from beyond the grave. Even though our family is gone, they are still with us. Everything is connected by “the force.”  What a great allegory for the love believers are supposed to share. 

Even if you know nothing about Star Wars, you know about the swords. Almost everyone has swung a plastic, colorful sword and made the noises “swoosh, whoosh, bzzzz” as they “fought.” My adopted kids think it is the best ever. Star Wars and adoption are like popcorn and coke. You don’t need to make the association. However, if you have the popcorn anyway, the coke makes it so. Much. Better. Honestly, though, we couldn’t do this adoption thing without mentors and help from the people around us.  Luke and Rey had big feelings about their past. They felt betrayed by their parents until they knew the truth.

Rey stops to think about the people who loved her. The people who helped shape her into the person she was, the people who cared for her when she didn’t know what to do. And she found her name. She called herself Rey Skywalker. She had no “legal” claim to that name. She hadn’t officially been adopted by Luke or Leia, though Leia ended up being her greatest mentor. She chose to associate herself with the people who loved her when she was struggling and when she triumphed. 

There is much more at the link. The author, Christina Gochnauer, is a foster and adoptive mom of 5. She has a bachelor’s degree in Psychology from Letourneau University. She currently resides in Texas with her husband of 16 years, her children ages 3, 3.5, 4.5, 11, and 12, and her three dogs. She is passionate about using her voice to speak out for children from “hard places.”

Conflict Induced Adoption

Illustration by Nat Castaneda)

An interesting custody battle is taking place. I am going to summarize. You can read a more detailed account at this ABC News LINK>Baby orphaned in military raid now at center of custody battle with her relatives and Marine.

In September 2019, a weeks-old baby girl was found badly hurt but — miraculously — alive in the rubble of a raid by U.S. special operations forces. Both of her parents were killed in the operation and she was placed under the temporary medical care of the U.S. military to recover from burns and physical trauma. The military had targeted a home in central Afghanistan, looking to capture or kill suspected foreign fighters associated with al-Qaida.

Today, the 3-1/2 year old girl (known as Baby Doe) is claimed by two families who are fighting a complex legal battle over the right to raise her. On one side are her paternal uncle and cousins in Afghanistan, with whom she was placed by the Afghan government in early 2020. Her uncle’s son and his wife, referred to in court as John and Jane Doe, cared for her for 18 months. Baby Doe and her Afghan family fled the Taliban and came to the US. John and Jane Doe have now resettled in Texas.

On the other side is a U.S. Marine lawyer who was in Afghanistan at the time of the raid and who successfully petitioned a local Virginia court to grant him an adoption order. An attorney for the Marine, Maj Joshua Mast, has contended in court filings that the girl had no surviving biological relatives (which the U.S. government says isn’t true). Mast’s attorney described her as an “orphan of war and a victim of terrorism” and Mast used the adoption order in Virginia to take custody of Baby Doe in September 2021. Baby Doe currently lives in North Carolina with Mast, his wife and their children. In September, John and Jane Doe filed a federal lawsuit suit against the Masts, claiming that the Masts unlawfully took Baby Doe.

The case is being reviewed in both Virginia and federal courts. Also involved are the Pentagon, the State Department and the Justice Department, who say the child should be returned to her Afghan relatives.

Following Afghan cultural traditions, Baby Doe should have then been taken to her next closest relatives. But who was she? Who were those relatives? Was she even Afghan? The US worked with the Afghan administration of then-President Ashraf Ghani and the International Committee of the Red Cross (ICRC) to locate Afghan relatives who could raise her as their own, in line with local customs.

Mast was serving in Afghanistan at the time, as an attorney for the government’s Center for Law and Military Operations. In that role, he was involved in discussions about what to do with Baby Doe and took a keen interest in her welfare. He advocated for her transfer to the United States, so she could be placed for adoption far away from the dangers of “a country known for child abuse, neglect and sexual trafficking of children,” as an attorney for Mast once wrote. Mast’s court filings have also stated that Baby Doe’s parents were likely combatants, not collateral damage from the 2019 military raid. In late 2019, when Mast and his wife, Stephanie, sought an adoption order, they claimed Baby Doe was stateless and needed continuous medical care. John and Jane Doe claim that Mast abducted Baby Doe days after he had helped them arrive in the US in August 2021, as part of the chaotic US evacuation from Afghanistan.

The Justice Department filed a motion that argued the case should be moved to a federal court. The motion also stated that the Masts’ adoption should not have been granted, citing a U.S. government decision that Baby Doe should be returned to her Afghan family. The State Department likewise said in a recent statement to ABC News that the baby should have been brought back to her relatives. “Reuniting the child with the family members in Afghanistan was the right thing to do,” a department spokesperson said.

“We need a full investigation on this case and how this child could have been adopted away from her relatives,” Lisa Lawrence, a Defense Department spokesperson, said. “The investigation could lead to loopholes that need to be closed within our system. There shouldn’t be anyone from any rank of military that can push something as significant as an adoption through without following proper protocol and procedures.”

6 Months After

It’s still too early to know all of the ramifications of overturning Roe. My state of Missouri was quick to claim the first out of the gate to overturn any right to have one. It is said the decision had a definite effect on the midterm elections. Kansas was an early surprise.

What impact has the overturning had on adoption ? After all, more than one Supreme Court Justice covered their decision by praising adoption. LINK>Good Morning America has a piece that takes a look at this.

Research on abortion and adoption shows that, in reality, there is not a clear line between adoption and abortion as equal options. “The idea that adoption is going to be an alternative [to abortion], that’s not borne out in what we see people already deciding. That’s not what they want for their lives, and their children’s lives,” according to Gretchen Sisson, a sociologist and researchers at the Advancing New Standards in Reproductive Health program at the University of California San Francisco. Among women who are denied abortion services, over 90% of them choose to parent versus choosing adoption, according to data from LINK>The Turnaway Study, which tracked nearly 1,000 women for five years.

According to Sisson, the data shows that adoption is a “rare decision to make,” while abortion is by comparison a “far more common” decision women make. In 2020, 620,327 abortions were reported in the US, according to the Centers for Disease Control and Prevention, which collected data on every state aside from California, Maryland and New Hampshire. That same year, there were an estimated 19,685 non-stepparent, private domestic adoptions in the US, according to the National Council for Adoption, an adoption advocacy organization. “Adoption is almost always a constraint. It’s what happens when people feel they don’t have another option, when parenting is so impossible, so untenable, so unsupported, that people will turn to adoption purely as a way of surviving and ensuring their child’s well-being,” said Sisson. “And if you remove abortion as a legal option, more people will relinquish when they feel that they can’t parent.”

Exploiting the poor to increase the supply of adoptable babies ? That has seemed to be the intent from the Supreme Court Justices. Sisson estimates that new abortion bans enacted post-Roe will increase the number of infants available to adopt each year by as many as 10,000. “You’re talking about a relatively small number compared to the number of people that are going to be parenting children that they didn’t intend to parent,” said Sisson. “But you’re talking about a massive number when looking at the overall rate of adoption.”

Rory Hall, executive director of Adoption Advocates, a Texas-based adoption agency, said the agency has not yet seen a noticeable increase in women opting for adoption amid heightened abortion restrictions in the state. She said that while she believes infant adoptions will increase, she does not believe they will increase as much as anticipated because adoption is such a “hard” option. “Our biology tells us not to do it, and emotionally it’s just so hard to do that,” Hall said of adoption. “I think most people, if they would terminate the pregnancy but can’t, are going to try to find a way to parent.” She continued, “With that said, there’s going to be some that are just in a position where they can’t no matter what, and will choose adoption.” Hall said of increased abortion restrictions, “I think it’s going to weigh even more on our foster care system. My concern is we already have so many kids in [foster] care … and that will increase, probably exponentially, as each year goes by, and so I worry about those kids.”

No Big Deal ?

Because LINK> Rebecca Solnit says it so well in her essay in The Guardian . . .

Being a parent is expensive. Being a criminal is also expensive, whether you lose economic opportunities to avoid apprehension or spend money on your defense if apprehended or go to prison and lose everything and, marked as a felon, emerge unemployable. Abortion is an economic issue, because when it’s not legal, those are the two remaining options, leaving out being dead, which you could argue is either very expensive or absolutely beyond the realms of money and price. And being dead is also on the table because women have all too often died from lack of access to reproductive healthcare, including abortions (to say nothing of being unable to leave an abuser, to whom pregnancy and children can bind you more tightly). They are facing more of that now.

Having no options but to be dead, criminal or a parent is not a sane or moral argument for parenthood, and it’s also pretty different than having certain inalienable rights, including life, liberty and the pursuit of happiness. Also, now that abortion is unavailable under almost all circumstances in Texas and other states, it’s an economic justice issue in that those with the financial capacity to take time off, travel in search of care and pay for it out of pocket are not affected the way those who cannot do so are. And those who can afford to get an abortion under these circumstances are also those who can afford to defend themselves against possible criminal charges.

All of which is to say, abortion is an economic issue and a labor issue, as well as a human rights and healthcare issue, as the AFL-CIO and other labor unions have recognized. So it’s been confounding to see some supposedly progressive men say that people should talk about economics instead of abortion, as if the loss of reproductive rights isn’t a huge economic blow to anyone facing the possibility of an unwanted pregnancy. The last days before the midterm elections should include robust Democratic conversations about defending rights and pursuing economic justice, with access to abortion central to both.

Access to birth control and abortion laid the groundwork for US women to begin to claim financial, professional and educational equality – a goal still far from realized, overall, but reproductive rights flattened the mountains and filled in the chasms a little. Taking that away pushes women back into the grim era when an unplanned, unwanted pregnancy could upend a life, stop an education, stymie a career, force unwanted dependency on the person who caused that pregnancy – an era when self-determination was an aspiration, not a given.

The Dobbs decision striking down Roe v Wade on 24 June was cavalier about all this. The majority opinion pretends that bearing a child no longer has significant social and economic impact. It cites among its justifications that “attitudes about the pregnancy of unmarried women have changed drastically; that federal and state laws ban discrimination on the basis of pregnancy; that leave for pregnancy and childbirth are now guaranteed by law in many cases; that the costs of medical care associated with pregnancy are covered by insurance or government assistance; that states have increasingly adopted “safe haven” laws, which generally allow women to drop off babies anonymously; and that a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home”. In other words, there is no reason not to have an unplanned or unwanted child; doing so is no big deal.

All of which are callous lies. The right not to bear children isn’t just about respectability for the unmarried, and to frame it that way while ignoring the profound and lasting emotional, psychological and physical as well as financial impact of carrying a pregnancy for nine months and giving birth is outrageous. Discrimination against people who may get pregnant or are pregnant continues despite those laws; many pregnant people continue to lack access to healthcare; and the fact that a baby can be handed over is no justification for being forced to bear it. Furthermore, as another branch of the US government that the supreme court could have consulted reports: “The number of children waiting to be adopted also fell in fiscal year 2020 to 117,000”; the number in foster care was over 400,000.

One of the striking things about the conversation in defense of abortion rights in recent months is the testimony by those who’ve undergone pregnancy, miscarriage and childbirth about how physically grueling and even life-threatening they can be. Pregnancy can incapacitate women for months, which is obviously economically devastating to a poor person working in the gig economy or, say, in a nail salon or a fast-food restaurant. It can be an overwhelming experience, interfering particularly in the ability to perform physical labor: the judge may be able to toil on when the janitor cannot. And a lot of people are making a living through work that is physically demanding.

Another striking new note has been the insistence that we need to stop defining abortion as a stand-alone right and look at the criminalization of pregnancy and motherhood, especially for poor and nonwhite women. “More than 50 women have been prosecuted for child neglect or manslaughter in the United States since 1999 because they tested positive for drug use after a miscarriage or stillbirth,” reported the Marshall Project, while noting that miscarriages are common under all circumstances. “Sentences have ranged from probation to 20 years in prison. Women prosecuted after pregnancy loss are often those least able to defend themselves, the investigation found. They typically work low-paying jobs, are often victims of domestic abuse, have little access to healthcare or drug treatment and rely on court-appointed lawyers who advise them that pleading guilty is their best option.” Too, some women die from pregnancy and childbirth, and thanks to unequal medical care, Black women have the highest incidence of such deaths. Pregnancy and childbirth can also cause permanent physical changes, including lasting pain and disability.

The laws making the most intimate conditions of a body and life subject to legal intrusion are reportedly already preventing pregnant people from seeking healthcare and spreading well-founded fear. Making the administration of an abortion a crime is frightening medical caregivers and interfering with their ability to provide care. Some of the proposed abortion bans would include life-saving abortions, and we have already seen cases in which medical care was withheld until a woman’s life was actively in danger. Women are already being denied prescriptions when those drugs can be used in abortions, another way that taking away abortion rights is turning into a broader loss of rights.

The financial and professional impact of parenting in heterosexual relationships still mostly falls on women. The majority of women who have abortions are already mothers raising kids; we are in a childcare crisis that has, along with the long months schools were shut during the pandemic, crushed a lot of women’s working lives and financial independence.

As Congresswoman Alexandria Ocasio-Cortez noted in late September, “When the powerful force people to give birth against their will, they trap millions in cycles of economic setback and desperation. Especially in a country without guaranteed healthcare. And desperate workers are easier to exploit.” The supreme court majority pretended it was undermining access to reproductive rights because they have no significant impact, but of course the court’s agenda was the opposite: to impose the conditions that make women subordinate in rights and economic status.

Issues Change With The Times

Original birth certificates and name changes have been an issue for adult adoptees. Many adoptees still can not acquire their original birth certificates. My parents were adopted in the 1930s. In adulthood, both learned the names they were born as but nothing about their original families. I do have my mom’s original birth certificate which was very helpful as all she knew about her birth parents’ names was Mr and Mrs JC Moore (which reveals very little). I never could get my dad’s original birth certificate because California is one of those states that won’t release it without a court order. I did learn his birth mother’s name thanks to a handwritten note on a letter concerning the changed birth certificate in the state of Texas that his adoptive mother wrote down. Turns out she was unwed.

We still have new members come into my all things adoption group with questions pre-adoption about how to handle the birth certificate for pre-school children and name changes. In today’s modern society, most are over thinking what a more open and progressive society have made a moot point. While conservatives and evangelicals may not like these changes to marriage and family units, the changed nature of society is a positive development for adoptees.

Divorce, remarriage, blended families, single mothers and same sex partnerships, to name just a few of the complicating factors, have resulted in what once might have been a legal issue with schools and medical records, no longer matter regarding the child’s name. What does still matter is identity and true family origins. Keeping the original birth certificate intact still matters. Not sealing adoption records matters. Today, an adoption decree is all the legal documentation an adoptive parent needs to establish their responsibility to the child. A birth certificate and the child’s name no longer need to be changed. Some adoption agencies and social workers, perhaps even some legal authorities may still try to make changes a requirement but in reality, there is no longer a basis to do that.

There is one issue that did come up that could matter. That is where violence or some kind of public notoriety could follow a child throughout their life. One adoptive mother with just such an issue shared that she was able to get mentions of these events, where the child is also mentioned, removed from public access. She asked the kid’s attorney, the judge, assistant district attorney and the district attorney to send letters to the news outlets that covered the original story. They did that and it worked for this family. So, with some help, even news coverage can be buried. That said, as the child matures, they are still to be fully informed in an age appropriate way about these circumstances and if necessary, with the help of a trauma informed therapist. Never hide the truth from the child who it concerns.

One other adoptive parent of an older child mentioned that their child legally changed their name for reasons of their own. In their experience, the name change did not cause any problem with passport and Real ID, and even the change of gender did not cause a problem either. All that was needed was the proper documentation about these changes and they simply followed the rules related to those changes.

Are We Entering A New Baby Scoop Era ?

Before the US Supreme Court overturned Roe v Wade, >LINK Time magazine carried an article – What History Teaches Us About Women Forced to Carry Unwanted Pregnancies to Term by Kelly O’Connor McNees on Sept 30 2021. She is the author of The Myth of Surrender about two young women in a maternity home back in 1961.

Her article was motivated by Texas’ severe abortion law back in 2021. Reproductive rights advocates are justifiably concerned about a potential increase in unsafe abortions and adoption activists are right to be concerned about more adoptions taking place that will leave more people dealing with the trauma of separation from their original mother.

The image of coat hangers may seem obsolete in an era where medication abortions can be safely self-managed at home, but we also know that there will be some women who lack access to health care. They will resort to desperate measures to avoid the physical, psychological, emotional, social and economic trauma of being forced to complete their pregnancy and give birth against their wishes.

We have been here before. In the decades from 1945 to 1973, now known as the “Baby Scoop” era, more than 1.5 million pregnant girls and women in the US were sent away to maternity homes to surrender children in secret. In realizing that my adoptee mom conceived me out of wedlock in 1953, it has become to my own heart a minor miracle that she did not get sent away to have and give me up for adoption. I will always believe I have my dad’s adoptive parents to be grateful to for encouraging him to do the right thing when he had only just started at a university in another nearby town. This is why I was born in Las Cruces NM but I am happy to claim I am a native of that state.

It was believed back then that both the child and the birth mother would be better off. It would be a win-win scenario: the baby would be saved from the stigma and shame of illegitimacy, and the birth mother could put the unpleasant chapter behind her and make a fresh start. Meanwhile, the young men who shared equal responsibility for the pregnancies typically carried on with their lives unfettered by social stigma.

Birth mothers sent to these homes received little to no counseling on what to expect from labor and delivery, and were not advised of their legal rights once the child was born. They endured psychological abuse from nuns and nurses, and gave birth alone in sometimes terrible conditions. This is the scenario I imagined my paternal grandmother endured at a Salvation Army Home for Unwed Mothers when she gave birth to my dad. Many women still foggy from the effects of anesthesia following a birth under “twilight” sleep were coerced into signing papers terminating their parental rights. That was a tactic employed by Georgia Tann during her baby stealing days up until her death in September of 1950. Those who wanted to keep their babies were threatened with financial penalties, since many homes only covered the cost of prenatal care and room and board if the child was surrendered. Some women who refused to give up their babies were committed to mental institutions.

The promise that birth mothers would surrender their babies and “move on” turned out to be a lie. They did not go back to normal; they did not forget. Many were haunted for the rest of their lives by the uncertainty of their child’s fate and were prevented by strict adoption statutes from acquiring any information that might ease their minds. My maternal grandmother, exploited by Georgia Tann, reverted from her married name of Elizabeth to Lizzie Lou, the name on my mom’s original birth certificate, and even has that name put on her grave stone, when she died many years later. She never had another baby after my mom.

Unplanned pregnancies create a complex constellation of decisions that resist a tidy narrative. Sometimes they are the result of love, sometimes casual sex and sometimes rape. That was true in 1945, in 1965, and it’s true today. Given a different set of circumstances—access to legal abortion and open, non-coercive adoptions—the women caught up in the Baby Scoop era might have chosen to terminate their pregnancies, carry their pregnancies to term and make a plan for adoption, or keep and raise their children, and they would have made these decisions for all kinds of individual and personal reasons. In that more humane version of midcentury America, the decisions would have been theirs alone.

Women with unwanted pregnancies are no longer physically warehoused, but many of them are still trapped by what happens when they lose the freedom to choose whether or not to give birth. The overturning of Roe v Wade, and the rush in almost half these United States to totally ban any access to abortion regardless of the circumstances that caused the pregnancy, now guarantee that more women will face the same formidable future that women were facing back in the Baby Scoop Era.

At Least This

I was born in New Mexico, so I chose to highlight the blog with this image. With the potential of the Supreme Court overturning Roe v Wade soon to kick off – 26 of these United States, just over half, will completely ban all abortions for any reason and the forced birthing of women who find themselves pregnant will be the result. Some states – Arizona, Florida, Tennessee and Texas have all extended health benefits for low-income mothers in recent months, and Alabama and Georgia have both moved to implement such extensions. There is an important distinction to make here – all of these states listed here plan to impose severe abortion restrictions or bans.

New Mexico will NOT be banning abortion – they are expanding Medicaid coverage for the RIGHT reason and not as cover for their war on women’s equal rights. Abortion is legal at all stages of pregnancy in New Mexico. There was a law in New Mexico that banned abortions except in cases of rape, incest, or if it was necessary to save a woman’s life. That law was put on NM’s books in 1969. In Feb 2021, Gov Michelle Lujan Grisham signed a bill that struck that old law from the books. She said, “This is about women who deserve the right, particularly when there are untenable circumstances, to have a relationship with their provider and control over their own bodies and we know when that occurs, frankly, we are saving lives.”

Colorado took it even a step further than New Mexico in April 2022. Gov Jared Polis signed the Reproductive Health Equity Act into law. The legislation makes it a right for people to make reproductive health care decisions without government interference.

I have long argued that we do not support mothers and children, or families for that matter, seriously enough as a society. So this expansion of Medicaid benefits is certainly welcomed. However, the bans that will go into place if the Supreme Court rules as currently expected, will also result in a worsening of the current maternal mortality rate. That rate has risen overall in 2020. There were almost 24 deaths per 100,000 births, or 861 deaths total. This number reflects mothers who died during pregnancy, childbirth or the year after. The rate was 20 per 100,000 in 2019. Among Black women the rate has long been much worse. There were 55 maternal deaths per 100,000 births. That is almost triple the rate for white people.

“If they [Republican lawmakers] really cared about maternal mortality they’d reduce the causes of maternal mortality – and it goes way beyond Medicaid expansion,” according to Loretta Ross, an associate professor at Smith College in Georgia and a reproductive justice activist. 

The truth is that there have been changes to Medicaid, thanks to a provision of federal pandemic aid, which streamlined postpartum benefit changes. Missouri has long refused to expand Medicaid. The most dramatic effect of a post-partum extension would be felt in those Republican-led states, where lawmakers have long refused to expand the program to more low-income people.

In Texas, 25% of women of reproductive age lack health insurance, the highest rate in the nation. Texas is also among the 10 worst states for maternal mortality. Lawmakers in Texas recently expanded Medicaid to pregnant patients for six months after giving birth, instead of only the two they were given previously.

Back to my previous argument that we don’t support mothers, their children or the families enough – a single mother in Texas supporting two children cannot earn more than $2,760 a year and qualify for Medicaid – unless they are pregnant, in which case they can earn up to $45,600 a year and qualify. The previous exemption lasted only 60 days after birth – which it should be noted is also the federal minimum. After that, most become uninsured once again. so, the expansion to six months is welcome but still insufficient.

In Tennessee, the Republican governor, Bill Lee, directly connected the state’s postpartum Medicaid expansion and abortion. At a press conference in May, he spoke about Tennessee’s “trigger” ban, a law that will allow the state to immediately ban abortion, if the supreme court ends federal protections. He said, this is for “The lives of unborn children (and that) it’s very important that we protect their lives. It’s also important that we recognize that women in crisis need support and assistance through this process. For example, that’s why we’ve expanded our postpartum coverage for women in TennCare.”

It is all a brilliant smoke and mirrors strategy to pretend they care but I sincerely doubt they do. Want to bet that these women’s poverty related need for Medicaid will be used against them to take the children away and give them to wealthier people wanting to adopt ?

Statistics and details are thanks to The Guardian and KOB4 in Albuquerque NM.

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

It Was Divinely Orchestrated

Texas State Senator Donna Campbell

So the Texas State Senator, Donna Campbell, appeared on my radar Sunday when I received an email notification from The Adoption Files blog by Ande Stanley. She writes – “One of the biggest stumbling blocks to the unrestricted access to original birth certificates in the state of Texas has been the Texas State Senator Donna Campbell – (I add, who not coincidentally is) an adoptive mother who has voted against allowing access every year since 2015.” Texas Monthly has had Senator Donna Campbell on their Worst Legislators list.

State Senator Donna Campbell as an adoptive mother shares her story in a Houston Chronical article featuring state officials that have adopted (there is a bit of an infuriating paywall but I include the link anyway). Her voice was described as breaking when she talks about promising her youngest daughter’s birth mother that she would “take good care of the baby” and calls the adoption divinely orchestrated. Pro-Life legislator Donna Campbell says also that she actually said to the birth mother, “You had a choice nine months ago, and you chose life and you will be blessed, and I will always take care of this child.” So like a politician to do double duty with their recorded statements.

It happened when she went to the hospital nursery to give a message to another doctor, and she heard people discussing a baby. “There was conversation about, ‘This baby is so cute’ — everybody wanted to take the baby home,” Campbell recalled. “They said, ‘Do you want to take the baby home?’” She said it turned out that the mother had been headed from San Antonio to Houston to find an adoption agency and went into labor in Columbus. Campbell and her husband had been talking about adoption but hadn’t moved forward on it. The decision was made quickly, and she asked to talk to the mother to thank her for the little girl she named Anna Beth after her own mother. “It happened just like that. But you know, so many others that would like to adopt, it doesn’t come that easy,” Campbell said. “This is truly divinely orchestrated.” God meant it to be – a lot of adoptive mothers will say that.

Lori Holden wrote Donna Campbell an open letter – Let’s talk – adoptive mom to adoptive mom – on the Lavender Luz website. “I understand having fears about adoption and, by extension, fears about making changes in adoption law. Change can be scary. For decades many states have had laws on the books to protect people from the humiliation of unwed pregnancy or the shame of infertility or the stigma of being born to unmarried parents. In response, we have put up walls to hide the shame and stigma and humiliation.”

“One of those walls is the practice of closing birth records for one group of people who, due to circumstances of birth, to this day do not enjoy a civil right that all other citizens in your state do. It is time to re-evaluate the existence of this wall, as so many of your Texas bipartisan colleagues in the Senate and House were eager to do at the close of the legislative session last month.”

When you say privacy I wonder if you are confusing it with secrecy,  which takes simple privacy and wraps it in toxic fear and shame. Privacy is chosen, secrecy is often imposed. Secrecy exists because shame exists. With openness, by unsealing records and providing equal access for all, we can dissolve the shame and  vanquish the need for secrecy. Regarding the privacy issue, accurate birth records should be kept private from the public but not secret from the parties directly involved.

As you may already realize, the Internet and advances in DNA testing have enabled birth mothers and birth fathers and their now-adult children to find each others’ identities by skirting laws that were constructed in that era of shame and secrecy. Psychotherapist Karen Caffrey, who is an adult adoptee with birth family from Texas, says, “Family genetic secrets are very soon going to be a thing of the past.”

There is more in her open letter at the link I’ve supplied.

The Stories We Tell

I do beg to differ with Mr Twain. When you don’t know, you make up stories to fill in the gaps. Before I knew the truth of my adoptee parent’s origins – I thought both of my parents must be mixed race – my mom was black and white and my dad was Mexican and white. Neither one of those turns out to be true.

My mom wouldn’t explain how she could have been born in Virginia but adopted at 6 months old in Memphis. She did know that Georgia Tann was in the baby stealing and selling market. My mom died still not knowing the truth because Tennessee couldn’t provide whether her dad was alive when she wanted her file (though he had already been dead 30 years by that time).

My mom’s story went this way. She was born to illiterate parents in Virginia. A nurse at the hospital was in cahoots with Georgia Tann. She gave my mom’s parents papers to sign that they couldn’t read. She said the nursery was too crowded and so they needed to move my mom. When her mother was released and went to retrieve her – she was gone. In my mom’s polite language with the Tennessee officials (though she believed firmly she had been stolen), she referred to her adoption as inappropriate.

Truth was my maternal grandmother was exploited by Georgia Tann in her desperate financial situation. She was married. I have a story about my maternal grandfather. His first wife died almost 9 months pregnant in the dead of winter with the baby still in her womb. I have thought consciously or not, he was concerned because he was WPA, the children from his deceased wife were in Arkansas, his job in Memphis had ended and he went back to Arkansas. He was insecure as to his living conditions there and so didn’t take my grandmother at 4 mos pregnant, also due to deliver in the dead of winter with him. My cousin who has the same grandfather does not believe he was the kind of man to abandon his family that way. I can’t know – no one left living to tell me. My mom didn’t feel close to him and maybe that is because her own mother felt abandoned.

My dad was adopted from the Salvation Army. When his adoptive parents died, he found a letter copy to the Texas requesting the altered birth certificate that mentioned his mother’s name as Delores. Growing up on the Mexican border in El Paso TX, until I finally knew better, my story about my dad was that his mother was Mexican and his father white. Her family would not accept a mixed race baby so she took him into El Paso and left him on the doorstep of the Salvation Army with a note to please take care of her baby. Understandable given the circumstances but still not true.

This is a common experience for people with adoption in their family histories. Making up stories to fill in the gaps. Knowing the truth is preferable – even if the story was a very pretty and exciting one (as some I’ve heard about are).