Saturday, December 19, 2009

Customary Adoption

In past posts, I have discussed simple adoption...adoption without falsified birth certificates and without eradicating the past, the truth, heritage in order to provide alternative family care for children in needs.

Simple adoption, also known as "adoption simple," based on the Napoleonic code; present in some countries in Latin America and former French colonies.

A simple adoption does not lead to a complete dissolution of the ties with the biological family and corresponds most closely to INFORMAL ADOPTION or legal guardianship in the United States. Simple adoption is differentiated from informal adoption in that legal action must be taken to achieve the simple adoption. This and other old approaches are receiving new attention in the United States by some influential people in the field of adoption, notably Reuben Pannor and Annette Baran, who have called for their equivalents to be established in the United States.

Adoption without the termination of parental rights is not a pie-in-the-sky impossible dream. It exists, and not in some remote island nation.  It exists right here in the U.S.A.!

Native Americans have long practiced that does not terminate the rights of the original family.  In a customary adoption, tribes are allowed to meet the permanency needs of their children while honoring their own tribal values and beliefs.

Customary adoptions may include a ceremony or process, considered by the tribe to be binding, that gives the child a new legally recognized permanent parent while still retaining the birth parents, relatives, and other significant people in the child's kinship network.

For more information see these links: Child Welfare Information Gateway and National Indian Child Welfare Association (NICWA).

Have you seen the M&Ms TV commercial whre the candy sees Santa Claus and says "He does exist!"... well, the model for humane child-centered adoption clearly exists!   


Angelle said...

There are 5 states where a child who is adopted is still the legal heir of his/her birth parents. I know Louisiana (Napoleonic Code) and Rhode Island, not sure about the others.

I bet a lot of adoptees do not know this.

AdoptAuthor said...

By "legal heir" you mean that an adoptee maintain the right to inherit? I will research this however:

1. If reunited or whereabout known, anyone can leave $$ to anyone in their will, and tat includes leaving whatever one wishes to one's child even subsequent to relinquishment that strips all rights.

2. The right to inheritance alone is far from not terminating parenting rights.

I am speaking of the latter.

AdoptAuthor said...

I found the answer, but being so important, I am posting it as new separate blog post.

Anonymous said...

California just announce it's "Tribal Customary Adoption" AB 1325 that goes into effect on July 1, 2010. This would allow for adoptions of native american children without terminating parental rights.

The FACT that the U.S. Federal Government treats native american adoptees differently than non-native american adoptees is blatant discrimination.

RussiaToday Apr 29, 2010 on Russian Adoption Freeze

Russi Today: America television Interview 4/16/10 Regarding the Return of Artyem, 7, to Russia alone

RT: Russia-America TV Interview 3/10

Korean Birthmothers Protest to End Adoption

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Bitter Winds

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Birthparents Never Forget