Selasa, 08 Maret 2011
Als Rahul blond was geweest stonden zijn ’ouders’ sterker
Dutch Court Decided - Adoptees Interest leading ?
The Dutch Court decided upon his decision, using the best interest of the child as the continues mantra. The court ruling nevertheless shows an inconsistency stating that Rahul is loyal to his adoptive parents but is considering his age (12) able to make a balanced decision.
This will conclude in the fact, that the Indian family, whose son was stolen has to wait at least until he is 18 before it will be certain this is their child or not. Besides the fact, that the UAI has the meaning that Rahul should have been protected against himself in this situation, different international examples show that evidently , Adoptees are always tangled in between emotions of several layers and interest (groups) of adoptive parents and their origin. The court should have considered this also next to the rights of (first) parents and adoptees in general. Again it looks like, that the world of adopters created another possibility to block search of parents for children they lost and also does this ruling not support adoptees who are searching for their parents abroad starting in the Netherlands. Again adoption jurisprudence will help receiving side more as the ones who lost their child.
And again, an adoptee does not comply to a social group then the adoptive world where he lives in and therefore does not have an inhibited self which might seem to be hurt. As we already stated earlier. It looks like, adoptees do have a body as transferable object but no heart and soul. At least not one, which is intrinsically bond with his family and culture of origin. Who told this boy that he would be send back to India ? And why ? The priority of the Indian family was to know if this boy was their child. Even a child – at least one who suddenly understand his adoption status, as the expert in this field reported to the court – would understand the longing for a mother and a father for her child.
And if not enough punished by this ruling, the Indian Parents have also to pay the Court Expenses of 5000 euro's.
Sabtu, 29 Januari 2011
Adoptees are last in line to have rights
Oprah’s reunion exposes the folly of closed adoption records
January 25, 2011
She was a secret. She was a foster kid bounced from home to home. She was an adoptee. She was one of millions of Americans who callously rejected by their birth parent. But thanks to a robust adoption file and a keen eye for the media, Patricia Lloyd can now stick “Oprah’s sister” onto the pile of labels next to her name.
Monday’s Oprah Winfrey Show chronicled a tear-jerking, Oprah-worthy reunion between the talk show host and a half-sister who presented as an affable and sensitive Midwestern mom.
Patricia was born in 1963. Her mother chose to give up for adoption so that she could get off welfare and Patricia spent the first month of her life in the hospital before going through various foster homes for the first seven years of her life. She was then adopted but described her life as “difficult”.
In 2007 Patricia applied for her adoption records which she described as a “big old package”. She was able to get non-identifying information such as medication information and a description of her birth family but no names or addresses.
Wisconsin’s adoption record laws
In Patricia’s home state of Wisconsin they won’t give an adult adoptee the birth mother’s name without first obtaining her consent. So, if the birth mother says “Sorry, no.” That’s usually the end of the road for an adoptee searching for the truth. This is what happened with Patricia.
In her article The Strange History of Adult Adoptee Access to Original Birth Records, Elizabeth Samuels explains that most American adoptions in the first half the 20th century were not buried in the secrecy of sealed records, amended birth certificates. She quotes author Jean Paton’s description of a probate court in 1942 “There was no rigmarole then; you were allowed to see your own paper in a kindly procedure”. In 1960, about 40 per cent of adult adoptees had access to their original birth certificate but from 1960 to 1990 most states implemented laws which restricted or eliminated an adult adoptee’s access to heir own birth records.
Fortunately for Patricia, her thick adoption file gave up enough clues to put more of the pieces together. A chance interview with Oprah’s mother on the local news station as well as an official Oprah biography was enough to convince her that she was, in fact, Oprah’s half sister.
She contacted other relatives, eventually connecting with Oprah who was thrilled to meet her new sister saying she looked forward to building a relationship with her in the months and years ahead.
It’s not just the birth mother’s call
Lori Jeske, an adult adoptee from Washington State, pretty much summed up my feelings on the story.
“What I hope comes across clear to the public is the fact that ‘contact’ or ‘reunions’ are not just the decision of the birth parent(s),” posted Jeske on an adoptee rights Facebook group. “There are adult siblings and other biological relatives that may in fact want to interact with the adoptee.”
I think Monday’s Oprah show is a perfect example of why closed adoptions or “birth mother has to agree to it first” reunions are so wrong.
If it was up to Vernita Lee she probably would have just hung up the phone and gone to her grave with that secret. But since Patricia’s sister has a huge public profile she was one of those rare adoptees who were able to circumvent the closed record laws of her state.
Vernita Lee was not enthusiastic about the reunion. During a home video interview Vernita Lee coldly refers to Patricia, who is seated next to her, as “it”, “that” or “the baby” as though she was talking about a ghost.
Finding family
The reaction of other relatives, however, was profound. Patricia first approached Oprah’s niece who is the daughter of Oprah’s late sister who was also named Patricia. Oprah said that Patricia bears an uncanny resemblance to her late sister and described it as a Beloved moment, referring to a scene from the 1998 film in which a deceased sister comes back to life.
When Vernita Lee hung up the phone she was not just closing off contact between mother and daughter she was making an attempt, backed by the heavy hand of the law, to cut Patricia off from other relatives who as it turned out are happy to have her in their lives.
Patricia hit the nail on the hammer when she said this was a family matter that should be handled by family alone. Adoption has redefined the contemporary notion of family. The search for biological relatives and subsequent reunions, while not obligatory or inevitable, represent a healthy part of this new norm. It is up to adoptees and birth families to work this all out. The government, or any adoption agency, have no right to withhold records.
Posted in adoption | 8 comments »
- Read also: The Sound of Hope
- TDA - Oprahs Sister
- Carrie Craft - Oprah's Big Secret ?
Selasa, 18 Januari 2011
Pennsylvania Enforcing Open Adoption Contact Agreements
Open Adoptions are now Legally Enforceable in Pennsylvania
On October 27, 2010, Governor Ed Rendell signed into law Act 101 of 2010, which makes several amendments to Pennsylvania's Adoption Act. The most significant change is that Pennsylvania will now enforce open adoptions, or voluntary agreements for continuing contact or communication, for the first time in Pennsylvania.
Currently, adoptive and biological parents can make their own agreements about continuing contact or communication after the adoption, but unlike 23 other states with open adoptions, the contracts were not legally enforceable. The change to the current law now allows these agreements to be enforceable. If an agreement between the adoptive parents and birth relatives to allow continuing contact or communication between the parents or between the child and parents is breached, then the birth relatives can petition the court to enforce the agreement. The Act also requires parties to an adoption, including a child who is old enough to understand, to be notified about the right to have an open adoption.
Our firm has several attorneys who work regularly with adoptive parents and provide guidance with regard to open adoptions so we want to take this opportunity to address some frequently asked questions regarding this new law:
Q. Who can make an agreement?
A. A birth relative of the child to be adopted and the adopted parents. This includes the biological grandparents, aunts, uncles and other relatives.
Q. What steps need to be taken to make the agreement enforceable?
A. The parties must submit the agreement to the court where the adoption where the adoption will be finalized and have the agreement approved. The court will determine if the agreement was entered into knowingly and voluntarily and is the best interest of the child or children who are being adopted. If the prospective adoptive child is twelve years old or older, the child must also consent to the agreement.
Q. What happens if the agreement is breached?
A. If an agreement is approved by the court then the birth relative or adoptive child or children can petition the court that approved the agreement to enforce the continuing contact or communication. The court will order specific performance, meaning the court will order the adoptive parents to comply with the agreement. The court will not set aside the adoption.
Q. Can the agreement be changed after the court approves it?
A. Yes. The court can change the agreement if either the adoptive child who is twelve years of age or older or the adoptive parents petition the court. The court will modify the agreement if doing so is in the best interest of the child.
The agreement will also automatically be terminated upon the child reaching eighteen years of age, unless the agreement states that it will end earlier. A party to an agreement or a child that is at least twelve years of age may seek to discontinue the agreement by filing an action in the court that finalized the adoption. The standard for discontinuance is also best interest of the child.
If you have questions about the Act or are interested in an open adoption agreement, you should consult an attorney with experience in Adoption Law.
Important to note that this same law also contained a provision that robbed Adult Adoptees further of their right to access their birth documentation, along with vague wording appearing to provide for "open adoptions." How they will *really* be enforced and how mothers will be able to afford an attorney and court fees in order to persue enforcement are still questions we are asking. But open adoptions for adopted children were included in with this law that also impacts adopted adults.
Senin, 17 Januari 2011
Adoptee(s) victims of failing Adoption procedure
Another adoptee faces deportation
Posted: January 25th, 2011 | Author: resistance | Filed under: -ing while brown, can't see 'em | Leave a comment »U.S. adoptive parents: Make sure your kids have their certificates of citizenship.
From New America Media:
A Korean woman in Arizona, who was adopted and brought to the U.S. when she was eight months old, is facing deportation after a second conviction for theft, reports the Korea Times. The 31-year-old mother of three is currently being held in a federal detention center in Arizona.
According to officials from Immigration and Customs Enforcement (ICE), Seo (not her real name) was first convicted on theft charges in 2008, for which she served a seven-month sentence. She was arrested on a second theft charge in 2009, and sentenced to a year-and-half in jail. In January, ICE initiated deportation proceedings against her, requesting for a travel certificate from the Korean consulate in Los Angeles.
As I’ve noted previously, articles about adoption and citizenship often report that citizenship is “automatic” for international adoptees. New America Media repeated the erroneous statement from the original article in Korean:
“Although [she] was adopted as an infant, she is only a green card holder and not a citizen,” says Kim, adding that adoption laws were changed after 2004, long after Seo’s adoption, to grant adoptees citizenship 45 days after their arrival in the country.
This is false. The Child Citizenship Act of 2000 did grant citizenship to internationally adopted children who meet specific conditions. And in January 2004, CIS began to issue automatic certificates of citizenship within 45 days of arrival to children who became citizens under the Act.
However, children who arrive on IR4 visas do not obtain automatic citizenship. Thousands of internationally adopted children are at risk if their parents do not obtain citizenship for them or if they do not file for citizenship on their own. (Note that it’s a much easier process when the applicant is a child.)
In case you can’t tell, I don’t have the energy to froth at the mouth lately (although I can summon a spirited “Fuck you” when the occasion warrants). You can read previous froth about immigration and citizenship by searching the blog.
So the moral of the story is get that certificate of citizenship. That is all.
Jumat, 14 Januari 2011
Adoptees have no Civil Rights - time for change

At the beginning of the 1900s, grim predictions punctuated the debate over women's suffrage. Everyone in the family unit would be damaged in innumerable ways if this outrage were allowed to happen, argued the critics, some of whom went so far as to predict the end of civilization itself.
Half a century later, another historic social change was in the offing, and the warnings of impending disaster were at least as dire. Indeed, some opponents of the movement to extend civil rights to people of color in our country were so sure that personal and social ruin were lurking around the corner that they fought with filibusters, nooses and guns to maintain the status quo.
Forecasting the future evidently is a difficult thing to do. Looking back is obviously easier, and it leads to two unambiguous conclusions. First, whether the effort is to give women the vote, provide African-Americans with equal rights, create access for people with disabilities -- or level the playing field for any other discriminated-against segment of the population -- there will be nay-sayers who insist that horrible things will occur if the sought-after change is allowed to transpire. Second, they will be wrong.
No, this is not a commentary about "don't ask, don't tell" or any other gay rights issue, though the identical observations would certainly apply. Rather, it's about providing legal and moral equality for a segment of our population that is not generally perceived as deprived of any rights: the approximately 7 million Americans who were adopted into their families. And the right denied to most of them is so basic that it almost sounds like a joke: access to their own original birth certificates.
There are lots of reasons that adopted people want the same documents, containing the same information, that the rest of us take for granted. Some have medical motives, including individuals who need a matching organ or information about an inherited disease; others want to know about their heritage or genealogy (anyone remember Alex Haley?) or why their eyes are green or what their original names were; and many yearn to see the faces of the women and men who gave them life.
At the bottom line, however, those are not the reasons it should matter to everyone that adopted people, on reaching the age of majority, cannot automatically obtain their own original birth certificates like the rest of us. We should care, and we should feel outraged, for the same reason so many men supported suffrage for women and so many white Americans joined the civil rights struggle -- because we should find it offensive when any minority group in society is deprived of equal rights.
Here's where the nay-sayers come in. Honest-to-goodness, the following are among the consequences they say will occur if state legislatures give adult adoptees the right to access their original birth certificates: The number of adoptions in our country will fall, the number of abortions will rise, the lives of women who were promised lifelong anonymity when they placed their children for adoption will be ruined and, yes, adoption itself will be in peril.
Research in the field, including by the independent, nonpartisan think tank that I head, refutes or calls into serious question every one of those claims; here you can read the latest report on the subject.
Equally important, this is not a guessing game or a social experiment. During the last decade, more than a half-dozen very diverse states in terms of geography and politics -- from Oregon to Alabama to Maine -- have done what the nay-sayers warned them not to do, and two states -- Alaska and Kansas -- never sealed these documents, as most of the nation did in the last century. Guess what calamitous fallout there has been in these states.
None.
Will some people face difficult or unexpected situations, or even get hurt, as a result of extending this right from coast to coast? Almost certainly, but we know from research, experience and official statistics (in the above states) that the numbers of those adversely affected will be tiny -- and we should do all we can for them by taking steps such as providing public notice, offering counseling, and giving women who placed their children for adoption the ability to officially declare if they do not want to be contacted.
Is this issue as important as women's rights or civil rights or disability rights or gay rights? Maybe or maybe not, but it's not a contest to see which group should get rights and which should not. Besides, this much is certain: Every additional day, month and year that original birth certificates remain sealed, some more adoptees and birth parents who want or need to find each other will give up instead, and some more will die, without ever filling the hole in their hearts.
So it sure does feel important to the people who are deprived. And if we understand that it's about equality and social justice for another group of Americans -- 7 million of them -- maybe we'll feel it, too.
Adam Pertman is Executive Director of the Evan B. Donaldson Adoption Institute and author of "Adoption Nation: How the Adoption Revolution is Transforming Our Families - and America," which is scheduled for release in April and has been reviewed as "the most important book ever published on the subject."
Senin, 10 Januari 2011
Dutch Government Provides a way out if Adoption gets to complex in the Netherlands - just move out

Nederlanders in het buitenland die een kind willen adopteren
Het ministerie van Buitenlandse Zaken en de Nederlandse ambassades en consulaten in het buitenland spelen geen bemiddelende rol bij de adoptieprocedure in het buitenland. U moet hiervoor zelf contact opnemen met de lokale autoriteiten. U hoeft geen toestemming te vragen van de Nederlandse autoriteiten om een kind te kunnen adopteren als u in het buitenland woont.
Geen erkenning buitenlandse adopties kinderen uit Cambodja
Het ministerie van Justitie heeft in mei 2003 de mogelijkheid om kinderen uit Cambodja te adopteren opgeschort voor in Nederland wonende aspirant-adoptiefouders. De redenen hiervoor zijn ernstige zorgen over de zorgvuldigheid van de Cambodjaanse adoptieprocedures. Deze opschorting is mede tot stand gekomen op basis van informatie van de Nederlandse ambassade te Bangkok.
In lijn met deze opschorting erkent het ministerie van Buitenlandse Zaken geen adopties van kinderen afkomstig uit Cambodja. Gezien met name de corruptie in Cambodja is het voor dit ministerie niet mogelijk zich een betrouwbaar oordeel te vormen over de zorgvuldigheid van de gevolgde adoptieprocedure in een individuele zaak, zoals dit wel vereist is op grond van de Wet conflictenrecht adoptie.
It looks like, that the Dutch government is providing a way out of the complex adoption procedures in the Netherlands. Just move to another country and adopt from there.
After the first signs of adoption emigration to for instance, Germany, Belgium, France and Spain (where the adoption seems practical easier to proceed and choices of countries of origin are multpiple - especially uncontrolable countries) 'return to sender' effect, after the adoption scandal in Hong Kong (case Jade) - what can happen if Dutch citizens live outside of the Netherlands and adopt, are still not covered by law nor by ethical standards and is still possible under The International promoted Hague Convention Guidelines. No panelty possible. Adopters are covered by law, but what about the affected adoptees ?
Senin, 27 Desember 2010
Hague Convention Member Denies Access to important right of Adoptees

- Adoptees are the only citizens who do not have access to their original birth certificates. This is unequal treatment under the law.
- Birth parents had no legal promise of anonymity. The files were sealed upon adoption not relinquishment, and adoptees could always petition a court to open them. Also adopting parents could choose not to amend and seal the birth certificate, therefore according to the statute the birth parent never controlled release of her or his identity. RCW 26.33.330;RCW 70.58.230; 26.33.
- State law did not legally support promises of anonymity made to birth parents and therefore the state is not bound by those promises. See Does v. State of Oregon, 164 Or. App. 543, 993 P.2d 833, 834 (1999)
- Birth parents will be able to file a form to indicate their preference for or against contact. They will also be able to fill out a medical history form, both of which will be filed with the original birth certificate.
- No reports of Contact Preference form violations have been filed in other jurisdictions and less than 1 percent of birth parents have requested no contact. For the Records II, Evan B. Donalson Adoption Institute
History: Prior to 1943, Washington adoptees had access to their original birth certificates and adoption records. The records were sealed due to concern for the social stigma of adoption with respect to adoptee and birth mother; the psychological concept that a baby was a blank slate; and the theory that both mother and baby would be able to sever the tie without negative consequences. This theory has since been proven false. Mothers did not easily recover from the loss of their relinquished children and babies were also affected by the loss of both their original families and their identity information. Though a sealed identity might be necessary in some cases while adoptees are children, there is no excuse for a state to deny access to one’s own birth documents from an adult, merely based on the way they entered their family.
Lori Jeske says: Based on WA-CARE recent and on-going interaction with various WA State Legislators…can the group create a page on this blog site that lists where each of our legislative representatives stand on the issue? I’ve discovered through my own personal interactions that the majority of legislators do not want to take a stand one way or the other. We all know WA State Senator Jim Hargrove (D) 24th Legislative District has publicly and specifically stated on record that he is biased on the issue and he is the Chair of the Senate Human Services and Corrections Committee where any bill related to adoptee rights will not see another hearing. I’m under the distinct impression that Washington State will remain an adoptee-rights segregated state until we either change who legislatively represents citizens or we run an initiative process through the state and let voters decide.
Selasa, 21 Desember 2010
Already claims on children for adoption before birth

UPDATE: More from the Wilmington Star.
Original post:
The North Carolina Supreme Court today held that there was no statutory authority for same-sex couples to adopt a child in North Carolina without terminating the parental rights of the biological parent. The decision reversing a prior decision of the Court of Appeals was 5-2.
The case, Boseman v. Jarrell, made it to the Supreme Court when former state Senator Julia Boseman and her lesbian partner had a child through artificial insemination from an unnamed donor. Jarrell carried the child to term and is the biological mother. After the child was born, Boseman filed a petition to adopt the child. A Durham County judge "waived" the provision in state law that mandated that adoption terminates the parental rights of the biological parent. This was done in an effort to preserve Jarrell's rights while allowing Boseman to become the second legal parent. As the Supreme Court correctly noted:
"In her petition for adoption, plaintiff explained to the adoption court that she sought an adoption decree that would establish the legal relationship of parent and child with the minor child, but not sever that same relationship between defendant and the minor child. As we have established, such relief does not exist under Chapter 48."
There is no such waiver provision in North Carolina adoption law. In fact, the statutory language is quite clear that the termination is a "mandatory" provision. Nonetheless, the activist judge in Durham County has been granting these types of unauthorized adoptions for a while now.
The matter was brought into the court system because Boseman and Jarrell soon separated and became involved in a custody suit over the child (I avoid the cliche "custody battle" at all costs). Boseman sought custody and Jarrell responded that the adoption that she colluded to and consented to was invalid and therefore Boseman was a third party who had no standing to seek custody.
The validity of the adoption made it way through the courts until the decision today.
The Court invalidated the adoption, but did hold that Boseman had legal standing to assert equal custodial rights with Jarrell based on existing case law.
This was the correct decision by the Supreme Court based on the current adoption statutes, and regardless of how one feels about same-sex adoption, this is a victory for those who oppose judicial activism. What was happening in Durham County by one activist judge was trampling the law in order to achieve a socially desirable outcome. This was one of the more egregious acts of judicial activism that I can recall- one where a Court decided that the word "mandatory" really didn't mean "mandatory" at all and could instead be waived.
If the legislature chooses to modify the adoption statutes to enable the outcome that Boseman and Jarrell initially desired, that is within their province. But it is not a decision to be made by one judge who simply doesn't like the status quo.
Read also: Beyond (Straight and Gay) Marriage
The record...indicates that defendant [Jarrell] intentionally and voluntarily created a family unit in which plaintiff [Boseman]was intended to act--and acted--as a parent. The parties jointly decided to bring a child into their relationship, worked together to conceive a child, chose the child’s first name together, and gave the child a [hyphenated] last name. The parties also publicly held themselves out as the child’s parents at a baptismal ceremony and to their respective families. The record also contains ample evidence that defendant allowed plaintiff and the minor child to develop a parental relationship [and] created no expectation that this family unit was only temporary. Most notably, defendant consented to the proceeding before the adoption court relating to her child. As defendant envisioned, the adoption would have resulted in her child having “two legal parents, myself and [plaintiff].”
Executive Director, Evan B. Donaldson Adoption Institute