February 26, 2009

Lost & Found


Lost and Found
By Maren Peterson-DeGroff

She gazes down
through the plastic box,
unable to comprehend his
tiny body.
The monitor wires,
IV lines and
feeding tubes tangled over
the gently rising chest
expanding and contracting
in mechanical rhythm,
his mouth taped open--a gaping, silent cry
that freezes cold
her heart.

She is lost.
Sinking into the madness
of her grief, her guilt,
an apology
forever on her lips.

She lifts, so slowly, the door
to his high-tech womb,
her own aching,
for its emptiness.
His hands flutter and feet twitch,
she cannot interpret his
fetal dance,
a foreign language spoken
too soon.

She longs to touch him,
to erase this space between them-
her hand trembling,
settling down on this other-worldly
angelchild,
her palm enveloping his entire
torso.

She feels
fragile skin like soft tissue paper,
his back arches up, he squirms
at her touch,
and at the sound of her whispered voice
his eyelids slowly draw up,
dark eyes drawing her into
this mystery.

She is lost now in love,
and is forever found.
Too much ecstacy,
too much desire to sweep him
up into her arms
and she chokes on
the grief and the love,
surrenduring to the joy that he lives, he lives,
her sunflower, her son!

© Maren Peterson DeGroff 1999


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Maren Peterson DeGroff lives in Albuquerque NM with her husband Dave and son Gabriel. She works as a child and family advocate.

Adoption Scandal Fuels Call for Reform


Samoan adoption scandal fuels call for reform
Focus on Children » Defendants in the case likely to get probation.
By Pamela Manson

The Salt Lake Tribune

A federal indictment accusing a Wellsville agency and its workers of tricking parents in Samoa into giving up their children marked a rare prosecution in the international adoption industry.

But the use of deception, coercion or kidnapping in foreign countries to place children with American families is far from unusual, according to advocates with watchdog groups who say the Focus on Children case bolsters their calls for reform.

"There's no real consequences now," David Smolin, a law professor in Alabama and the parent of internationally adopted children, said of agencies and adoption facilitators accused of wrongdoing.

To stem abuses, Smolin and others are pushing for national adoption laws to replace a patchwork of state laws; limiting the amount of money involved in the adoption of foreign children to prevent human trafficking; and making U.S. agencies responsible for the actions of their overseas contractors. They also want more prosecutions and harsher punishment for offenders.

Kimberly Kennedy, a board member of Parents for Ethical Adoption Reform (PEAR), is urging U.S. District Judge David Sam to impose significant sentences when defendants in the FOC case are sentenced this month. Under plea deals, the U.S. Attorney's Office is recommending probation.

"What this agency did in Samoa will have long-lasting effects for families and children," Kennedy, the California parent of internationally adopted children, wrote to the judge.

A 2007 federal indictment accused the defendants of coercing and tricking parents in Samoa into placing their children for adoption, then falsely claiming that the children were orphans. Five defendants have pleaded guilty to misdemeanor counts.

Barbara McArtney, an attorney in Grand Island, N.Y., who runs an accredited adoption agency and serves on PEAR's board, said prosecutions of U.S. adoption agencies are rare.

One of the few prosecutions similar to FOC's was the case of Lauryn Galindo, who was accused of falsifying immigration documents to make it appear that Cambodian children placed for adoption through her agency were abandoned.

In fact, prosecutors alleged, some of the children were bought from their parents for small amounts of money and Galindo, in turn, charged adoptive parents in the United States large fees. She pleaded guilty to several charges, including visa fraud and money laundering, and was sentenced in 2004 to 18 months in prison.

Many nations, including the United States, have signed on to the Hague Convention on International Adoptions, an agreement among the participants to follow certain procedures. However, enforcement can be difficult and some countries, such as Samoa, are not parties to the agreement.

"No one is watching on a federal level," said Joni Fixel, a Michigan lawyer who has represented prospective adoptive parents in lawsuits against adoption agencies. "We need another department in the Department of Homeland Security to make sure these types of cases don't happen. We don't want to become a haven for children being illegally adopted."

In addition, American adoption agencies are regulated by states. PEAR board member David Kruchkow said if a problem arises with an international adoption, states generally say they have no authority over the case.

That, in turn, leads to federal prosecutions for misdemeanor visa violations, said Kruchkow, a Florida high-school science teacher.

Kruchkow said he and his wife were victimized when they adopted a little girl from Mexico, a Hague Convention country, in the late 1990s. They later learned that a Mexican lawyer and two consultants in New York, where the Kruchkows lived at the time, had forged their daughter's paperwork.

Both McArtney and Smolin believe capping fees connected to adoptions could curb many problems. The amount paid to facilitators and lawyers overseas for identifying children for adoption and completing their country's paperwork can be multiple times the average annual income of the country, according to Smolin, who teaches at Samford University in Birmingham, Ala., and has written extensively about international adoption.

Smolin also proposes making American agencies legally responsible for the actions of their foreign partners, saying many U.S. placement agencies have a "see-no-evil, hear-no-evil" attitude toward how adoptees are obtained overseas.

Federal prosecutors charged two Samoan citizens who helped Focus on Children locate children for adoption -- Tagaloa Ieti and Julie Tuiletufuga -- but the government has so far been unable to extradite them.

The criminal case against FOC doesn't address the status of the Samoan children who were placed for adoption. However, Tom DiFilipo, president and CEO of the Joint Council on International Children's Services, an association of adoption and child advocacy groups in Alexandria, Va., said because the children are U.S. citizens, it is very unlikely they would be sent back to Samoa.

But they may be back in contact with their birth families. The plea agreements require the defendants to pay into a fund to facilitate communication between both sets of parents.

Smolin likes the idea. He and his wife, Desiree, adopted two adolescent girls from India whose birth mother, they later learned, had been told her children would be temporarily placed in a boarding school. Instead, the girls were placed for adoption.

When the couple learned what had happened, they began searching for the birth mother and finally found her six years after the adoption. Their daughters, by then young women, have visited her but travel required to keep in touch has been costly, Smolin said.

"If they get the [FOC] trust fund together, the children ought to go back a few weeks every year," he said.

pmanson@sltrib.com

Lisa Rosetta contributed to this article.



The Focus on Children case
Five agency operators and employees will be sentenced this week and next week for misdemeanor offenses involving the adoptions of Samoan children.

In January, Focus on Children principals Karen and Scott Banks; Dan Wakefield, who located Samoan children for adoption; and caseworkers Coleen Bartlett and Karalee Thornock pleaded guilty to counts of aiding and abetting the improper entry of an alien for putting false information on immigration forms.

Their plea agreements have a recommendation for probation, but U.S. District Judge David Sam could impose up to six months on each count and a $5,000 fine. Wakefield will be sentenced Thursday, the others on Feb. 25.

Focus on Children, which arranged adoptions of children from a number of foreign countries, ceased business in Utah in summer 2007.

The prosecution halted all international adoptions in Samoa. Earlier this month, Attorney General Ming C. Leung Wai said overseas adoptions are allowed only if the application certifies the child does not have a family or suitable person to provide care and no other suitable arrangements can be made in Samoa.

February 23, 2009

NEW - Trailer For Adopted

Looking for Mother



Woman seeks birth mom's identity
LOOKING FOR MOTHER

Letters written by the birth mother of Cathy
Lauderdale of Columbia lack the woman’s name and place of residence.
Such information has been censored in compliance with Missouri law. A
bill has been filed that could change the adoption records law.
Sunday, February 22, 2009

http://www.columbiatribune.com/news/2009/feb/22/woman-seeks-birth-moms-identity-1/

At her kitchen table Saturday, Cathy Lauderdale sat reading a letter
that recently arrived in her mailbox.

In an elegant longhand, the correspondent wrote: “To my very special
daughter I have never met, I want you to know that all these years I
have not forgotten the day you were born and how beautiful you were
while holding you in my arms for the very first and last time.”

Lauderdale, 54, is the mother of three adult children, but she does
not know who her mother is. Given up for adoption as an infant, she
began searching for her birth mother about 10 years ago. Just months
ago, she learned that her mother also is searching for her. Lauderdale
petitioned the child placement agency, the Children’s Home Society, to
be reunited.

The agency referred Lauderdale to the court system, and she mailed
documents to the 22nd Circuit Court in St. Louis asking that her
adoption records be unsealed. But that’s where she hit a brick wall.
Missouri state law bars the release of “identifying information”
unless there is written permission from both biological parents and
the adoptee.

In Lauderdale’s case, a judge ruled that her mother’s ex-husband and
her biological father both must sign off on disclosure of the records.
The ex-husband is not on speaking terms with her mother, said
Lauderdale, and the biological father cannot be found.

“Nobody could proceed without these stupid signatures. That’s pretty
much it,” Lauderdale said. “It’s mission impossible.”

So Lauderdale is stuck, puzzling through the letter for any clues
about who or where her birth mother is. She has learned the woman is
72. Other identifying information in the letters has been censored by
the Children’s Home Society. Lauderdale said one passage gives her an
idea about her mother: “We have lots of seagulls flying nearby, and
the sand cranes live here all year long.”

“That sounds like Florida,” she said. “It must be somewhere warm.”

Lauderdale and others in similar circumstances might benefit from the
efforts of the Adoption Triad Connection of Mid-Missouri, which is
pushing for a bill introduced in the Missouri House in December by
Rep. Cynthia Davis, R-St. Charles County.

HB 48 would allow any adopted person at age 21 to get an unaltered
version of his or her birth certificate. Missouri now alters the birth
certificates of adopted children, inserting names of the adoptive
parents for those of the biological parents. The proposed law also
would enable any adoptee to get copies of his or her adoption records,
including a “social history” and the identity of the state agency
involved in the adoption or any related court records.

The Triad group, including Nancy Bennett of Columbia, said adoptees
have a right to that information.

The proposed changes in adoption law have stirred opposition from the
Missouri Catholic Conference. Larry Weber, executive director of the
Catholic conference, said women who gave children up for adoption
before 1986 were promised complete anonymity under the law, a promise
that should be kept.

(*Research in the six U.S. states that have passed legislation to restore
the right of adoptees to obtain their original birth certificate has found
that "sealed records" laws were enacted for the benefit of the adoptive
family, not to protect the privacy of the birthmother. In fact, even in law
today and in the past, if a mother relinquishes her child for adoption, but
for some reason the child is not legally adopted and remains in foster care,
the child's original birth certificate is never sealed.)


“They have lived with the assumption based on the laws at the time
that they could make a clean break or clean start,” Weber said. “Now
that’s not a modern understanding, but we’ve got to keep in mind we’re
talking about society as it was back then, and there was a lot of
shame involved in giving up a child.”

Weber said he would support a change to the Missouri Adoption Registry
to require fewer signatures to facilitate a first meeting between one
parent and the adoptee, but he said he would not support giving all
the rights to the child. “This bill puts the adoptive child completely
in the driver’s seat,” he said.

Davis disagrees. “The only people who really have a right to oppose
the bill should be the birth mothers,” she said, “but we’re not
hearing from them. We’re hearing from the lawyers, and they’re making
a broad leap in assuming the birth mothers don’t want to be contacted,
and they’re flat wrong.”

Bennett never met her birth mother, who gave her up for adoption at
age 19 and later committed suicide. She said most birth mothers want
to meet their children later in life. “When you’re 16 and you give up
a child, you have a whole different perspective than you do when
you’re 25 or 50,” she said.

With the help of Triad, Lauderdale has registered with the
International Soundex Reunion Registry, a Nevada group. Lauderdale
asked her caseworker there to ask her birth mother to join the
registry. When that happens, she said, the registry will put both
women in contact.

“In my situation, my ex-husband is adopted and I’m adopted, so my
children have no cousins or anything, and they don’t know anything
about their past,” Lauderdale said. “And they’re real excited. I’m
trying to keep my expectations low, but they’re getting pretty high.
You know, I’ve never had anybody who looked like me before.”

Love Our Way ~ A Great Book


With respect and admiration for Julia and Barry's integrity and
concern for their children

Australian families caught up in India adoption scandal
February 22 2009
http://www.abc.net.au/news/stories/2009/02/22/2498030.htm

It is a confronting thought for any unsuspecting family that their
adopted child may have been trafficked.

But the truth is hundreds of Indian children have been stolen and sold
for adoption, and some have found new homes in Australia.

It is impossible to get an accurate picture of the true extent of
child trafficking in India, but one thing is clear - it has been going
on for years.

In Indian terms, there is big money to be made and the temptations are
everywhere.

In the late 1990s the child traders were brazenly kidnapping babies
and young children from these streets.

One lawyer claims that out of the 400 or so Indian children who found
new homes in Australia in the past 15 years, at least 30 were stolen
from their birth families.

The issue is complicated further by the fact it is remarkably easy for
anyone posing as a parent to "surrender" a child to an orphanage -
presumably for an under-the-counter fee.

The big flaw in the system is that the orphanages oversee the
surrender of children without any adequate checks by government, an
open door for the traffickers.

The orphanages can then make thousands of dollars in fees for every
child that is sent overseas.

Sold by their drunken dad
For 10 years, in a small Indian village north of Chennai, Sunama lived
with an agonising loss; Missing from her home are her two eldest
children.

In 1996 they were taken away and sold by their drunken father for the
equivalent of $50. The children, aged two and three, were traded by
child traffickers.

The loss was unbearable for Sunama, who did not even know if her
children were dead or alive.

But Akil and Sabila were happy and healthy on the other side of the
world, in the suburbs of Canberra.

Akil, now 15, and his 14-year-old sister had become part of the
Rollings family of eight children, including six adoptees.

Julia and Barry Rollings had always believed that Akil and Sabila had
been given up by their sick parents.

But soon the Rollings began reading reports that the MASOS orphanage,
where they adopted the pair, had been caught up in a kidnapping
scandal.

They started to doubt the story they had been told about Akil and
Sabila's origins.

"That really was the hardest part trying to decide whether we should
look or whether we should just leave things as they were," Ms Rollings
said.

"It was the realisation on the crux of that decision, that if we set
forward, if we walked through this door, that's it ... There's no
turning back. That we are then duty bound to follow through to the
end.

"That unknown was pretty damn scary."

The Rollings felt they owed it to their children to search for their
biological mother, despite the dangers.

"My overriding fear was that we might lose the children, that there
may be some legal avenue that we could end up in a situation that
whatever our motives for searching might be, that we might find
another family that were demanding the return of their children," Ms
Rollings said.

They managed to track down Sumana and ABC1's Foreign Correspondent
accompanied the families on their emotional journey.

Stolen in the street
Thirteen-year-old Jabeen was also kidnapped in India, but family
reunifications have not worked out like in the Rollings case.

It was late in 1998 and Jabeen had only been out of her mother
Fatima's sight for a moment, as she walked along the street.

The traffickers were looking for good-looking children they thought
would be attractive for adoption.

She was snatched from the street by a woman travelling in an auto
rickshaw and the traffickers changed the child's name. They claimed
she had been surrendered by her mother.

Jabeen was adopted by an unsuspecting Australian couple who are now
aware of the truth, but have chosen to maintain their privacy and the
case is now before the courts.

Geetha Devarajan, the lawyer for Jabeen's biological parents Fathima
and Salya, claims Jabeen was sold by traffickers to an orphanage
called MSS.

She says corrupt orphanage officials forged the relinquishment papers.

"Children are so vulnerable in that situation, especially poor
children who come from a difficult background," Ms Devarajan said.

"This will not happen to any upper class, any well-to-do family. It
only happens with poor families.

"The easy target is children who are on the street playing or sleeping
and where the parents are working or the parents don't have a proper
residence where they can protect the children from these kinds of
vultures.

"They just take the child and disappear and once these children get
into these orphanages it's a big screen where nobody can penetrate."

The MSS organisation has now been banned from adopting children, but
it still canvasses charity support from Australia.

ABC reporter Sally Sara visited Jabeen's orphanage and confronted the
director, who is now facing charges.

Reporting on the scandal from Chennai, Sara also found there are many
Indian families who would love to adopt a child, but the laws around
domestic adoption are so Draconian that most give up and foster kids
instead.

February 22, 2009

Hold Me

Father holding baby's hand
© Photographer: Volare2004 | Agency: Dreamstime.com

Isaiah 4:5-6
"Over all His glory will be a canopy of Love. It will be a shelter and shade from the heat of the day, and a refuge and hiding place."

My heart cries out into the abyss of night
The darkness surrounds and I am alone
Then my Father comes close to watch and to hear...
As I lay unprotected, born desperate and torn
He covered me up with His blanket of kindness
And unselfish Love.

You were watching the day I was born
Gently watching, you cradled my form
And on that day, your Father's heart swelled
As you watched and adored.

I am your child, I feel safe in your Arms
Gently rocking, and keeping me warm.
I'm secure in the palm of your Hand.
Father hold me ~ I'm yours.

by Peach

February 19, 2009

NCFA Opposes Adoptee Access to Their Original Birth Certificates

The National Council for Adoption recently released an article opposing adoptee access to their original birth certificates and debating arguments supported by both the Child Welfare League of America and Evan B. Donaldson Adoption Institute's research regarding the necessity of restoring the right of adopted adults to their original birth certificate.

As an adult adoptee, I am deeply saddened by the fact that the very industry which claims to work in the "best interest" of children is fighting so hard against the ones they claim to be helping. Adopted children do grow up and they and their children after them deserve the same right as every other citizen to their own record of birth, genealogical and medical histories. That is just common sense, dignity, and respect. The Supreme Courts of both TN and OR have ruled that birthparents were not promised perpetual anonymity at the expense of the right of an adult adoptee's right to their identity.

The only other time in American history where citizens were prohibited from their own identities and records was during the era of American slavery.

Six U.S. states have passed legislation restoring the right of adults who were adopted as children to obtain their original birth certificate just like other citizens.

The Evan B. Donaldson Institute's research found that mutual consent registries are not successful; that there is no increase in the incidence of abortions or decrease in adoptions in states which restored unconditional access for adult adoptees to their birth records; that birthparent confidentiality was an imposed policy created by the adoption industry, and that it is a fundamental right for all Americans to own their original record of birth.

Here is some information to compare with the erroneous information the NCFA reports in their Mutual Consent article.


The Child Welfare League of America is in support of unconditional access to their original birth certificate for all Adoptees in the U. S at age 18. The Evan B. Donaldson Adoption Institute, a non-profit policy and education think tank in New York City, supports this legislation. The Institute does not align with an organization or cause while conducting research and analysis on many adoption-related issues in order to improve practices, policies and laws. The American Adoption Congress, and North American Council
on Adoptable Children all strongly support unconditional access for adult adoptees.



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2007 Report by Evan. B. Donaldson Institute
Restoring A legal Right
for Adult Adoptees
http://www.adoptioninstitute.org/publications/2007_11_For_Records.pdf


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Adopted Children Should Be Able to View Adoption Records,
Says Recent Survey by FindLaw:

http://company.findlaw.com/pr/2003/112503.adoptiondocs.html



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1997 Cornell University Study Indicates Adoptive Parents
Are In Favor Of Open Records:

http://www.txcare.org/surveyab/stats/adoptionrecord_ssl.html



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"Injustice anywhere is a threat to justice everywhere. Martin Luther King Jr.

February 6, 2009

In case you can't find me...

Menorah
© Photographer: Webking | Agency: Dreamstime.com
Mazuz: Adoption doesn't constitute conversion
http://www.ynetnews.com/articles/0,7340,L-3665649,00.html

Attorney general tells High Court adoption of child by non-Jewish
parents should not invalidate his right to make aliyah to Israel, by
virtue of his blood ties with Jewish people
Aviad Glickman

The adoption of a child by a non-Jewish family does not invalidate
his right to make aliyah to Israel in accordance with the Law of
Return, Attorney General Menachem Mazuz told the High Court of
Justice on Monday.

Mazuz's issued his opinion in response to a petition filed by Regina
Bernik, who asked to make aliyah to Israel by virtue of her father's
Jewishness, although she was adopted by a non-Jewish couple as a
child.

Bernik's request was turned down by the Interior Ministry, and she
decided to challenge it at the High Court.

The Law of Return, which was passed in 1950, is one of the
cornerstones of Israel as a Jewish state. The law states that every
Jew in the world is entitled to immigrate to Israel and receive
Israeli citizenship.

In 1970 an amendment to the law was passed that stated that the
eligibility to citizenship would apply to any Jew's spouse, his
children and grandchildren and their spouses, even if they are not
Jewish themselves.

According to Mazuz, the Law of Return does not discuss adoption and
does not refer to the possible implications of adoption on the right
of return. Therefore, the law is open to interpretation in this
regard.

Mazuz said that he preferred the legal interpretation by which
adoption does not constitute religious conversion, and therefore the
adoption process does not work to change the adopted child's religion
or biological affinity.

The biological offspring of a Jew who was adopted as child by a non-
Jewish family, and who seeks to make aliyah, is entitled to do so by
virtue of his own affiliation and blood ties with the Jewish people,
Mazuz stated. He added that the same should apply for a Jew's
grandchildren.

The court's ruling is expected within a few days.

Donate WHAT?


60-Year-Old Gives Birth to Twins
CALGARY, Alberta (Feb. 5) - A 60-year-old woman in the Western Canadian city of Calgary has given birth to twins after going to India for fertility treatments, the Canadian Broadcasting Corp reported on its website Thursday.
The report said the twins, both boys, were seven weeks prematurely delivered by cesarean section. Though one is breathing with the help of special equipment, doctors said the twins are doing well but will be kept in hospital until they gain weight and both can breathe on their own.

The woman, originally from India, traveled back to that country for in-vitro fertilization using donor eggs after being refused the treatment in Canada because of her age. The CBC said she had tried for years to get pregnant but had miscarried three times, even after surgery to correct a problem with her womb.

While unusual, a 60-year old woman giving birth is nowhere near a record. ABC News reported in July that a 72-year-old woman in India, who already had five grandchildren, gave birth to twins after in-vitro fertilization, making her the world's oldest mother.
The CBC report said the Calgary woman's obstetrician thought it was a joke when she was referred to him before she showed up at his office. He is still questioning the implications of someone having children at an advanced age.
"I couldn't imagine if I was 65 having two 5-year-olds running around crazily. The energy to do that is incredible," the CBC quoted the doctor as saying.