Birth-First Parent Blog

01/30/07

Custody Returned to Biological Parents

Posted by : Jan Baker in Birth-First Parent Blog at 07:35 am , 430 words, 204 views  
Categories: Current News, Articles


Now Anna Mae, who turns 8 later this month, could soon be taken from the only family she has ever known and returned to her biological parents.


Children being returned to their first/birth parents is rare enough that it makes the news when it does occur. This story is no exception. It is of interest to me as well because it happened in the town where I grew up. It is important to note that an adoption had not occurred. The family raising Anna Mae were her foster parents.

Every so often I try to discuss a story like this one with my husband or someone else - anyone else who is not a birth parent. The reactions are usually identical, although my husband is making progress at getting educated. The first thing out of most people's mouth is often, "Oh, that's so awful, how could take a child from the only family they've ever known?"

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I have grown to hate that phrase, "the only family the child's ever known." This child had contact with her birth family until something went awry. People look at stories like this one or similar ones and instantly lament about how terrible it is that the child has been with the adoptive family for X number of years, and ask why the bio parents waited so long. Often the birth parents do not wait; some challenge adoptions within days or months.

When I am discussing this type of story with my husband, I point out that in most instances the custody battles begin soon after birth, and drag on for years. It is the fault of the court system, not the birth parents, that these cases take so much time. Attorneys also know that the longer a family has "possession" of a child, the more likely they will retain custody as well. Therefore, they use stalling tactics whenever possible on behalf of adoptive parents.

How often does it happen that when birth parents seek to regain custody of their child, adoptive parents quickly return the child? I imagine some of you all know cases in which this does happen, but it does not get the press coverage. I can not understand why people are so ready to demonize parents for wanting to regain custody of their own child. Nor do I understand why foster or potential adoptive parents allow a case to drag on for years and let the fate of a child hang in limbo? Is it in the child's best interest for a foster adoptive family to refuse to return a child?



Comments, Pingbacks:

Comment from: JudyK [Member] Email · http://justenjoyhim.wordpress.com/
I think it's vitally important for people to know that this was not an adoption. This was always meant to be a temporary arrangement for the Bakers to care for Anna Mae for a short period of time. Furthermore, in China, these arrangements are made all the time on a casual basis so the Hes (Anna Mae's parents) were at a distinct cultural disadvantage by not understanding that the Bakers could then file for custody of Anna Mae.

This whole situation is a tragedy and a travesty of justice. The bottom line is that it just didn't have to happen, but because of a screwed up legal system and a greedy couple who, for some reason felt entitled to parent this girl, it did. I have very little sympathy for the Bakers and a whole lot of sympathy for the Hes and mostly for Anna Mae. Yes, it's going to be very hard for her to make the change, but it was finally, finally a just and fair judgement. The main problem with the situation is that it wasn't resolved years sooner.

ARGH!!
PermalinkPermalink 01/30/07 @ 08:50
Comment from: Jan Baker [Member] Email · http://birthparents.adoptionblogs.com/
I think your analysis of the situation is dead right. Thanks for your comments!
PermalinkPermalink 01/30/07 @ 08:52
Comment from: JudyK [Member] Email · http://justenjoyhim.wordpress.com/
You're welcome, Jan. If I may, I think an excellent analysis and discussion of this case can be found at a post by blogger Third Mom. Good stuff there.
PermalinkPermalink 01/30/07 @ 09:10
Comment from: JudyK [Member] Email · http://justenjoyhim.wordpress.com/
Whoops, that didn't work. I'll just list the link:


http://thirdmom.blogspot.com/2007/01/alls-bad-that-ends-badly.html


PermalinkPermalink 01/30/07 @ 09:11
Comment from: Jan Baker [Member] Email · http://birthparents.adoptionblogs.com/
Ah thanks! I read Third Mom from time to time - she's great!
PermalinkPermalink 01/30/07 @ 09:53
Comment from: Deb Donatti [Member] Email · http://open.adoptionblogs.com
Here is an interesting but rather long court document that follows the whole situation...

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/071/AMHOPN.pdf

I can assume that the agency (mid-south) that was assisting with foster placement thought that over time the parents would relinquish custody, not fully understanding the cultural differences that might be at work here. In China it is apparently very common to leave a child with relatives for care for long periods of time, even till adulthood. This is what the parents felt was being offered them. What a shame they were decieved by mid-south and the Baker family.
PermalinkPermalink 01/30/07 @ 18:57
Comment from: atlasien [Member] Email
The worst part is the video the Bakers have just put out of Anna Mae, where she denies being Chinese, wears a sombrero, pretends to be Mexican and says she wants to stay in the United States. I have zero, absolutely zero sympathy for them after hearing about that video. Trained monkeys are treated with more dignity and respect than she was.
PermalinkPermalink 02/23/07 @ 17:18
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