STATE LAW/Adoption/Who May Adopt

CALIFORNIA: IN RE MICHAEL R.
The Court of Appeals of California affirmed a trial court’s order to dismiss the prospective adoptive parent’s adoption petition. The court held that the potential adoptive mother did not have standing to adopt after the birth mother rescinded her relinquishment due to changes in the adoptive family. In addition, the court found that the birth mother had not abandoned her child by placing him for adoption.
Cite: No. G035622, 2006 Cal. App. LEXIS 276 (Cal. Ct. App. Feb. 28, 2006)
Link to Full Opinion

Banning Republicans from adoption
AlterNet - San Francisco,CA,USA
This legislation-as-satire is aimed at another proposed bill, from Republican Ron Hood, that would prohibit gay, bi- or trans- adoption. ...

Massachusetts Tells Catholic Church it Must Permit Homosexual ...
Lifesite - Niagara Falls,NY,USA
... In compliance with the commonwealth's so-called antidiscrimination laws, the Catholic adoption agency, Catholic Charities of Boston, has already placed ...

Adoption's poignant tales
calendarlive.com - Los Angeles,CA,USA
WHEN I was growing up, the fact that my older brother had joined our family through adoption was known by all concerned but seldom discussed. ...

STATE LAW/Adoption Procedure

IOWA: “Adoption changes lead to danger, hope”
By: Dan Gearino
Due to increasing use of the Internet and national advertising, adoptions are crossing state lines more than ever before. While many view this as a good change, the laws in each state vary, which can lead to serious problems. A new class of adoption professionals, called facilitators, are earning as much as $7,000 for matching up adoptive parents with birth mothers, and often they have no license or specialized training. In a highly publicized case, Baby Jessica was transferred from her adoptive family in Iowa to her birth parents in Michigan when she was two years old. Her birth father claimed he was unaware she had been placed for adoption. The major effect was that adoptive parents became more aware of the dangers of adoption. However, the majority of the time, adoptions are processed smoothly.
WCF Courier, February 19, 2006
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STATE LAW/Adoption/Legislative Reform

KENTUCKY: “Dispute Raises Questions About Kentucky Law in Adoption Cases”
Kentucky adoption law is under extensive examination as it currently does not have a registry allowing men to sign up with the state to be notified if a woman with whom he has had sexual relations seeks to place a child for adoption. Kentucky law also allows a mother to terminate rights to her child without naming the father. This poses a problem for birth fathers, such as Khalid El-Shazly, who have no idea that they either have a child, or what rights they do have, should the mother choose to place the baby up for adoption. El-Shazly, who recently was deported to his native Egypt for overstaying his visa, filed suit in U.S. District Court against the birth mother’s attorney, who assisted the birth mother with the adoption proceedings of his 18-month old son. The boy, who was born in April 2004, spent his first 18 months in Wisconsin with his adoptive parents. Then a jury and judge decided he belonged with El-Shazly. El-Shazly alleges that the attorney advising the birth mother had dual roles that created a conflict of interest. El-Shazly claims that the attorney pressured the birth mother to go through with the adoption and instructed the birth mother to keep the father's identity secret from the court so the adoption agency, which is owned by the attorney, could collect a $6,000 fee when the adoption went through. The birth mother makes the same allegations in a separate suit. The attorney, Carolyn Arnett, contends that El-Shazly, who lived in Northern Kentucky, lost his child because Kentucky has "bad laws" that provide little protection to fathers.
ChallengerNKY.com, The Challenger, Northern Kentucky, February 19, 2006
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INTERNATIONAL ADOPTION/Requirements of the Law of the Birth Country

NIGERIA: “A Painful Struggle over Nigeria's Abandoned Children”
By: Brenda Wilson
Due to cultural differences and fear of child trafficking, adoption by outsiders is most likely not an option for the over 43 million parentless children in Sub-Saharan Africa. Maisha Strozier, an American, has been attempting to adopt two Nigerian children for over three years, but has met obstacle after obstacle. She has even taken her case all the way to the Nigerian General Assembly in an attempt to ease adoption laws. The assembly opted instead to tighten the laws.
NPR Weekend Edition, February 18, 2006
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STATE LAW/Termination of Parental Rights/Procedure

ARIZONA: Kenneth T. Jr. v. Arizona Department of Economic Security
The Court of Appeals of Arizona affirmed a juvenile court decision terminating the father’s parental rights by granting a motion for summary judgment. The father argued that Arizona law prohibited termination of parental rights by any process other than a trial if the termination was contested. The court found that due process considerations did not prevent the use of a summary judgment motion in a termination proceeding where it was clear that there were no genuine issues of material fact.
Cite: No. 1 CA-JV05-0039, 2006 Ariz. App. Lexis 16 (Ariz. App. Feb. 17, 2006)
Link to Full Opinion

Some Infertile Couples Choosing Embryo Adoption
Kansas City Channel.com - Kansas City,MO,USA
MERRIAM, Kan. -- Infertile couples wanting children often consider adoption. But science is giving adoption a whole new dimension. ...

STATE LAW/Foster Care/Civil Claims

MARYLAND: Nationwide Insurance Company v. Chloe Ann Jones, et al.
The United States District Court for the District of Maryland granted an insurer’s motion for summary judgment in part and denied it in part in the insurer’s declaratory judgment action. The insurer asked the court to declare that it had no duty to defend and indemnify the insured foster mother and her biological minor daughter, for injuries sustained by a foster child who was in foster care with the insured. In an underlying lawsuit, the biological mother of the foster child was seeking damages for injuries sustained by the foster child. The court in the immediate action found that the foster child’s claim against the insured’s daughter was covered by the insurance policy because the injury to the foster child was incurred as the result of an alleged accident. The court found, however, that the insured was not covered by the policy because of an exception in the policy that it did not cover bodily injury “arising out of business pursuits”. Because the insured was receiving money for being a foster parent, that was considered a business pursuit.
Cite: No. JFM-05-2792, 2006 U.S. Dist. LEXIS 5754 (U.S. Dist. Ct. Md. Feb. 15, 2006)
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STATE LAW/Termination of Parental Rights/Custody/Visitation

CALIFORNIA: In Re Marriage of Deborah and Michael J. Jackson
The Court of Appeal of California, Second Appellate District, Division Seven, affirmed a trial court order that invalidated the voluntary termination of a mother’s parental rights and affirmed an order denying the father’s motion to vacate the order invalidating the termination. The court held that a termination of parental rights can not be based solely on the parents’ stipulation.
Cite: No. B180135, 2006 Cal. App. LEXIS 194 (Cal. Ct. App. Feb. 15, 2006)
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STATE LAW/Termination of Parental Rights/Due Process

CALIFORNIA: In re Charlotte D.
The Court of Appeal of California, Second Appellate District, reversed and remanded the decision of a trial court declaring a child free from the biological father’s custody and control. The court held Calif. Probate Code section 1516.5 to be constitutional on its face, but unconstitutional because it allowed the parental rights of a father, who was an active part of the child’s life, to be terminated without first finding the father to be unfit. The court held the statute was constitutional as to fathers who did not actively partake in parental responsibilities as to the child.
Cite: No. B183788, 2006 Cal. App. LEXIS 196 (Cal. Ct. App. Feb. 15, 2006)
Link to Full Opinion

Same-Sex Adoption Measure Put On Hold
Tampa Tribune - Tampa,FL,USA
TALLAHASSEE - State lawmakers remain reluctant to extend even limited adoption rights to gay people, forcing an advocate for the change to table her effort ...

FEDERAL LAW/Programs/Child Support

U.S. 11th CIRCUIT: Arrington, et. al. v. Helms
The United States Court of Appeals for the 11th Circuit affirmed the district court’s award of summary judgment for the defendant state agencies in an action by plaintiffs seeking to challenge the state’s distribution of child support funds that they received from the federal government on behalf of their custodial children. The court held that plaintiffs failed to establish that the statute conferring a right to receive the funds created an individual right in custodial parents to enforce strict compliance with the law under 42 U.S.C. § 1983.
Cite: No. 04-15078, 2006 U.S. App. LEXIS 3434 (11th Cir. Feb. 13, 2006)
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STATE LAW/Parties to Adoption/Who May Be Adopted

NATION: “It’s a long wait to adopt Down syndrome child”
By: Margaret Stafford
Three years ago, Diane and David Petersohn, who already have seven children, decided they wanted to adopt another – specifically a child with Down syndrome. They were placed on a national list, and waited and waited. Finally, they turned to a private agency specializing in international adoptions and they’re completing paperwork to adopt a 6-month old Ecuador boy with the Down syndrome. David Tolleson of the National Down Syndrome Congress said that society has become much more accepting of people with Down syndrome, when in other generations mothers who gave birth to children with Down syndrome were told to place their child in an institution. Another family, the Steeles, have adopted nine children – three with Down syndrome. They also started the Adoption Awareness Program, in conjunction with the Down Syndrome Association of Cincinnati.
Chicago-Sun Times, February 13, 2006
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STATE LAW/Adoption/Awareness Campaign

NATION: “Expert Commentary…Adoption Etiquette”
By: Valarie Roberts
When approaching an adoptive parent or child, the word choice of people should convey the maximum amount of respect for both the families and the adoption process. Positive Adoptive Language (PAL) is a vocabulary created to do just that. “The first rule in PAL is to not ask, ‘Is this your real child?’. As opposed to being your fake child? Of course he is a real child, he is living and breathing just like you and me,” says Valarie Roberts, an etiquette expert. Also, it is natural to be curious or interested about the cost of adoption, but it is not an okay question to ask. Instead, ask for the name and number of the agency the family used and the agency can provide you with more information. Finally, do not ask about the birthparents in front of the child unless you are certain that the adoptive parents are comfortable with such an inquiry, and when referring to the birthparents they should be spoken of sympathetically and in the  past. It is important for the child to feel pride in their birthparents, and to know that they wanted them to live happily with their adoptive parents.
14 WFIE, February 13, 2006
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STATE LAW/Foster Care/State and District Systems

CALIFORNIA: “Coalition Aims to Better Foster Kids’ Lives”
By: Sharon A. Heilbrunn
Fifteen agencies and groups have united to form the San Diego Foster Care Coalition in order to raise the community’s awareness and combine their individual efforts to create more stability for foster children. The organization hopes to start “waystations” in neighborhoods where children can go live temporarily right after being taken from their parents, while being able to stay at the same school. In addition, the coalition is striving to gain more volunteers for foster homes, adoption, coaching and tutoring. SignOnSanDiego.com, Union-Tribune, February 8, 2006
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STATE LAW/Foster Care/State Systems

MARYLAND: “Governor unveils new initiatives on foster care”
By: Jennifer Skalka
The state of Maryland has increased their budget to implement programs to improve the state’s foster care system, led by Governor Robert L. Ehrlich Jr. His wife will star in a public service announcement that promotes foster care. Governor Ehrlich approved the hiring of 130 additional child welfare caseworkers. Under his new plan, foster parents would receive $25 more per month for each child in their care and a Foster Parent Association will get $500,000 for training and recruiting, a renewal of a prior pledge. Finally, Ehrlich will give an additional $2 million to children’s crisis programs. The initiatives come in part as a result of reports of the substandard foster care system in the state.
Baltimoresun.com, The Baltimore Sun, February 7, 2006
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