Utah – The Exploitative State ?

I happen to like the state of Utah as a tourist. The concerning stories about Utah may be old or obsolete at this point. It read – Utah’s adoption system is by consensus the most exploitative in the nation — a clearinghouse for fast-track, high-dollar placements. Adoption regulations in Utah may be laxer than other states. A couple of hopeful adoptive parents disagree – we had to pass a state background check, and a Federal FBI background check and we had to pass a child abuse background screening as well. However, the hopeful adoptive mother noted – “It can be a huge way for adoptive families to be scammed, for both moms to be scammed, and it can be scary because there’s not a lot of regulation to it.”

I don’t know but it came up in a group again today. Here’s an old story – In 2019, Utah Attorney General’s office announced 11 felony charges against Paul D Petersen. The AG’s office alleges Petersen ran an illegal adoption scheme where he “recruited, transported, and offered payment to pregnant Marshallese women to give their babies up for adoption” in Utah and in other states.

There are risk factors that unfortunately make Utah a good place for people to take advantage of others. Utah’s laws are very pro-adoption. Unwed fathers have a very difficult time asserting their rights in Utah. In some states, unwed fathers automatically have a right to notice and consent. The speed in which adoption can be ordered, the fact that private agencies can handle adoption and the fact that monies can be paid to the relinquishing parents make Utah suspect. One positive change would be to eliminate payment from the adoptive parents or the adoption agency to relinquishing parents.

Fact is – many generalizations made about adoption are just that – generalizations. They have little applicability to specific situations.

Some red flags for any people looking to adopt –

Any adoption process that pays a woman to place their child for adoption. Utah law states agencies can only help pay for pregnancy-related costs for an expectant parent.
If adoptive families notice that agencies or attorneys are charging them for pregnancy-related costs that are tens of thousands of dollars, ask what that money is going toward and if they have documentation. Check to see if the charges are indeed due to pregnancy-related costs and not ways to encourage birth mothers to place their child for adoption.
If an agency or an attorney is unable to explain costs or their fee schedule, this is reason for concern.
If a birth parent has flown in from another state and uses Utah Medicaid. They are not residents and this should raise concern.
If a birth parent does not have any healthcare benefits or Medicaid to help pay for medical costs. If the adoptive family is having to pay for medical expenses all out of pocket, ask the agency or attorney why this is the case.

Also –

If there is a circumstance where agencies or attorneys are flying birth parents into the state of Utah specifically for adoption, inquire about what their process is and why the parent is not placing in the state they reside in. In some circumstances, individuals elect to use Utah to place for adoption due to some of the laws that are not as strict as laws in the birth parent’s residing state. One example is that Utah law does not require birth fathers to relinquish rights in order to move forward with an adoption plan. Also if a birth mother is advised not to involve the father, this is a red flag.
If an agency or attorney is promising a baby for an adoptive family quickly, it is likely too good to be true.
If the adoption cost goes up suddenly at the hospital, this is a red flag.
If you find that adoption costs are different amounts for different races, this is reason for concern.

If you have reason to suspect unethical adoption practice you can:

Report it to the Office of Licensing
Report this to the attorney’s bar, if it is a private adoption
File a police report
Contact The Division of Child and Family Services

Adoptee Birthdays

How one adoptee has described her feelings about these.

I do not celebrate my birthday.

So for every one of my friends I said no thank you, blew off, or straight up just ignored when they asked to take me for a drink on my birthday, sorry.

For everyone that I didn’t text back, no hard feelings.

I do appreciate you being happy that I’m around, and staying around for another year. It was nice to hear from you. Even if I didn’t answer you.

Birthdays are hard on us adopted kids/orphans/foster kids. Adoption is the only type of loss where the victim is expected to feel happy, grateful and indebted to someone about it. To be thankful for it. For adoptees our birthday is a day that we were separated from our entire biological family. It’s the anniversary of an abandonment. It’s the marker of the altering of our birth certificate and totally erasure of all of our family medical history.

It’s not great. Especially for those of us adopted through the INCREDIBLY UNETHICAL private infant adoption industry in the United States.

Many private infant adoptees who are my generation and the one below me are the age where we are coming out of the “adoptee fog” and realizing that the pretty stories and ideas we have been sold our whole lives about adoption are not true. I guess we knew it the whole time, but it’s very hard to pinpoint those feelings, and we are REALLY afraid to express them. Because many of us (myself included) have had really great adoptive families.

I love my family. But it doesn’t mean I didn’t lose my family.

It’s hard for us to express our real feelings about our own stories, and continually be met with opinions how wholly beautiful adoption is, how they just know that our lives would have been hard and terrible if we stayed with our birth families, ignoring and denying the trauma and loss associated with our birth stories and telling us that we should be so thankful.

Because if adoption is always so beautiful…

Why do people lie about it and hide it?

Why doesn’t everyone just give up a baby to a queer couple, or an infertile couple?

Why are records kept from the very people they pertain to?

Why do white babies cost more than black babies?

Why don’t you want to talk about this side of it?

I know that some of the things we feel, and some of the truths about private infant adoption is hard for people to hear. But if you/they actually cared about kids…. Then they’d want to hear it… and fix it.

I am not anti adoption. There will always be truly necessary adoption. But what adoption has become in this country, a multibillion dollar business, needs to be fixed. We can’t continue to treat these kids like a commodity, doing things like trying to re-home them on Facebook like a puppy you can’t potty train. What would happen if you tried to do that with a biological child? Would it be the same? Does it ever happen? These children should have rights. I turned 36 on Friday and I don’t have access to my own birth certificate. The government has it. But I can’t get it. Doesn’t that seem weird? Or wrong?

There’s a reason you can hear your mother’s voice and heartbeat when she is pregnant with you. It’s so when you’re born, you know who mom is. So when you hear it for 9 months and then never hear it again….It hurts your heart and it changes your brain. No matter how good the rest of your life turns out to be. And it can make your birthday a hard day.

Adoption Issues On Facebook

Ten years ago, there was an article in The Guardian which the title “Facebook has changed adoption for ever.” The sub-title was “Social network sites like Facebook are changing what happens after adoption. At the click of a button, birth parents can contact their children – and vice versa – with far-reaching consequences.” I would add inexpensive DNA testing via Ancestry and 23 and Me have done as much.

The lead-in on that article noted – “Adoption is undergoing a revolution. Until recently, it has been a closely managed process, with social workers going to enormous lengths to protect children placed with adoptive families from inappropriate contact with birth relatives.” That was always the argument but never the truth. The truth was that social workers and adoption agencies were protecting the adoptive parents from the intrusion of the natural bond between the original parent and their child. There certainly have been “. . . cases of adopted young people being contacted by birth parents through Facebook. There are even more instances in which the approach is initiated by adopted young people themselves, who are curious about their birth families.” You can read that rest of that decade old perspective at the link above.

Now today, another one. This one published in Wired titled Adoption Moved to Facebook and a War Began and raising the hackles of some in my most important (though I do belong to several) adoption related support group at Facebook. The sub-title notes – As the adoption industry migrates to social media, regretful adoptees and birth mothers are confronting prospective parents with their personal pain—and anger. I do see these in my support group. In fact, adoptees are the “privileged” voices there.

This is true to the best of my own knowledge on the subject – “The adoption industry has never been very well regulated, and there is a history of certain firms engaging in unethical practices. But when agencies were the primary facilitators of adoption, they could at least perform basic vetting of birth mothers and adoptive parents and manage complex legal processes. The open marketplace of the web removed that layer of oversight.” Wired refers to people in adoption support groups as anti-adoption but then goes on to note that these are older women who, as “unwed mothers” in the 1950s and ’60s, were forced to give babies up for adoption; women whose churches still pressure them to give up children born outside of marriage; adoptees who want to overturn laws in 40 states that deny them unrestricted access to their original birth certificates. These are legitimate experiences and desires that do not in themselves constitute being anti-adoption.

However, as understanding of the deep sub- and un- conscious trauma that adoptees experience and the lifelong regret that mothers who surrendered their children to adoption as a permanent solution to a temporary situation are increasing shared openly or privately in groups that maintain anonymity, as my dominant choice does, there is a desire to limit the number of adoptions that do take place. There are recommendations for kinship guardianship whenever possible, for true efforts on the part of foster parents to assist the original parents in successfully navigating the child welfare requirements for reunification with their own children and that at the least, when adoption seems somehow the only alternative left – allowing the child to retain their original identity by NOT changing their name nor creating a new “false” birth certificate the creates the impression that the adoptive parents gave birth to that child.

These are reasonable attempts at reform.

In the movement Wired identifies are a wide range of perspectives. Some recognize the value of adoption in certain circumstances and have specific goals, like improving federal oversight, eliminating practices that are coercive to birth mothers, or giving them more time to reverse a decision to give up a child. Others see adoption as wrong most of the time – in my group it is NOT as Wired indicates “in all cases” – but there is a recognition that the natural bond between a biological mother and her child is a reality. Some are finding community and expressing feelings of anger and pain for the first time; birth mothers describe pressure, regret, and lifelong mourning for the children they gave up, while adoptees talk about their sense of estrangement and about not knowing their medical history. Certainly, poverty plays a role in children being removed from their parents and placed for adoption.

Wired does proach the topic of the Termination of Parental Rights (TPR). The article notes that TPR has been called the “civil death penalty,” because of its severity and finality. It is overwhelmingly levied against poor families. Some children are taken away from parents who abuse them horribly—and others who should be removed are not and die at the hands of abusers. Nationally, the majority of children are removed from their homes by child protective services not for abuse but neglect, which can be a more subjective state. Neglect can mean a child was left in a hot car for hours or that a child’s parent is an addict. Or it can mean that a child was alone at home while their mother worked an overnight shift or went to the store, or that there’s not enough food in the fridge. In other words, poverty can create conditions that lead to neglect, and the exigencies of poverty can also be interpreted as neglect.

My own adoption support group advocates, and some experts in child-welfare reform do as well, for helping families get what they need—rehab, food stamps, child care subsidies. We agree that should be prioritized over permanently removing children from their parents. In a 2019 paper, “A Cure Worse Than the Disease? The Impact of Removal on Children and Their Families,” Vivek Sankaran, a professor at the University of Michigan Law School, and his coauthors note that removing children from their homes is traumatic for both parents and children, and that standards for removal vary from state to state. In some states there must be evidence that a child is in immediate danger; in others, suspicion of neglect is sufficient cause. Some states allow a parent to appeal the removal within 24 hours; in others a parent may have to wait 10 days. As a result, the authors note, states and even individual counties have widely varying rates of removing children.

“If we eliminated poverty in this country, that would be the best abuse- and neglect-prevention program,” according to Elizabeth Bartholet, director of the Child Advocacy Program at Harvard Law School.

It is true that the internet, along with widely available genetic testing, has dismantled the possibility of a truly closed adoption.  However, the truth about open adoptions is the adoptive family an easily end the relationship. Open adoptions exist at the discretion of the adopting family. They are not legally enforceable in all states, and where they are enforceable the cost of a lawyer can be prohibitive for a birth mother.

My adoption support group often recommends the Saving Our Sisters (SOS) organization to expectant mothers considering a surrender of their baby. This group seeks to persuade birth mothers that financial strain shouldn’t prevent them from keeping their children. When a woman who is having second thoughts reaches out to SOS online, the group tries to find a “sister on the ground” nearby to bring her diapers, a month’s rent, or a baby swing. In 6 years time, they helped 90 mothers and their children remain together, rather than be lost to adoption.