Monday, March 15, 2010

Russian Adoption Horror Stories Coverage

I am heading to NY for a live broadcast of Russian-American TV where I am being interviewed regarding the enormously disproportionate number of U.S. adoptions of Russian children viciously abused or severely neglected, more than twelve resulting in murder convictions.

The latest: Nathaniel Craver, born Ivan Skorobogatov was adopted by an American family from Russia's Chelyabinsk region, Nanette and Michael Craver with his twin sister, Dasha (Elizabeth) in 2003; called the 15th or 16th victim of his "rescuing" "forever family" in recent years.

Russia-America TV focus on adoption and the child abuse. See it on Time Warner TODAY at 45 PM ch. 135...or at http://RT.com click "America" for a LIVE STREAM.

Friday, March 12, 2010

Lessons Learned From Hindsight and Defeat

We did not make the top ten Change.org competition. Perhaps it was just a case of American Idol syndrome in which it is not necessarily the most deserving who wins – but the one who has the most friends to keep voting multiple times.

We gave it our best. I sent and received DOZENS of email reminders to vote. But perhaps we preached too much to the choir and not enough outside “our own.”

On Facebok, blogs, conferences…we talk to ourselves!  Are we reaching and educating the public or even the vast numbers of adoption-touched persons?

We reached under 3,000 votes. This, in a country with a country with a 2.5% adopted population, a nation in which adoption touches nearly everyone in one way or another, with the Adoption Institute's Public Opinion Benchmark survey finding that 58% of Americans know someone who has been adopted, have adopted a child, or have relinquished a child for adoption.

We need to look at the latest defeat not in isolation, but rather in conjunction with the history of attempting to allow adoptees access to the truth of the birth…you see little success. It is approximately SIXTY YEARS “we” have been fighting this battle beginning with Jean Paton in the 1950s – almost immediately after they were sealed. In those six decades we have succeeded in getting a handful of states have some form of openness” averages out to one per decade.   If we continue at the same pace it will take us 460 years to be successful in al states – or never in our lifetimes!  Seems it is time to rethink our strategies and try something different.

Step One: LOOKING AT WHAT STYMIES US


•    Drop Out Rate
For the thirty plus years I have been involved in adoption reform< “open records” etc., we have been plagued by the “Join, Search, Find, Reunite, Quit” syndrome among our members. Our retention rate is pitiful!

•    Lack of Finances
We are a frugal group. Members too often ask “what’s in it for me” before paying member dues. We are failing to make it clear that we need the member NUMBERS to effect change. Groups struggle to stay afloat, even when holding costly conferences which are choir preaching events in any event. On top of all of that, we have struggles with misappropriations of funds and embezzlement

•    Overcoming Fear
I see our movement as comparable to the very early years of the civil rights movement. Back to the Rosa Parks and Martin Luther king, Jr. days.  At that time in history average Black Americans were still afraid to speak out. They feared retribution. They were thankful to no longer be enslaved and didn’t want to make waves and disturb the small taste of freedom they had.

Many adoptees are totally convinced – without reunion – that they are “better off’ having been adopted and are grateful.  The fear rocking the boat, biting the hand that feeds them, being ungrateful, finding themselves rejected – again.

Recognizing this, it al the more behooves us to keep the message very simple and NOT about search, reunion, or even medical need to know. Keep it purely a RIGHTS issue.  

•    Lack of National and International Focus
Yes, adoption laws and policies are under state auspices. But we need to create  a strong national organization to represent our common/mutual goal; to get the word our to the general public and complacent “grateful” adoptees.

Bastard Nation came into the game with the goal of focusing on the RIGHTS issue and moving us away from search and reunion. They correctly new that keeping reunion out of the mix made it less threatening for adoptees harboring strong loyalty and concern not to hurt their adoptive parents. I love, admire, respect and have the highest regard for Marley. But she cant do it alone!  BN suffers the same lack of personnel and lack of money, not even able to put out their quarterly newsletter right now. BN chose their name intentionally for its shock value, however it seems contrary to meeting the needs of the “closeted” adoptee. BN does not have the manpower to be a cohesive national voice for the state efforts, including necessary training for state activists.

The AC was intended originally to be an umbrella organization for the myriad of state and local search and support groups. It has however weakened its mission, IMHO, in order to court the finances of adoptive parents.

WHAT TO DO?

II was asked recently if I thought petitions worked. I also noted that Joe Soll, bless his soul, is asking if there is interest in yet another march on Washington.

I personally think that marches and petitions are a total waste of time (and the later a lot of effort) only if they reach a participation level of TENS OF THOUSANDS and grasp media attention. Thus, now is not the time for such efforts. We need to increase our base first.

I suggest a new national organization with a name the likes of the NAACP and a clear simple focus to galvanize us and recruit. Our message and focus must be clear and simple:  Adoptees deserve the same rights as non-adopted persons regarding access to their own OBC.   

I see the MAJOR purpose of this organization to be EDUCATION and ADVERTISING. The counter NCFA disseminating op eds, articles, press releases, interviews etc, to educate the public and adoptees about the discrimination and denial of rights. A long-term goal: the possibility of a class action suit.

I suggest a powerful non-offensive or cutsie name such as:
•    National  International Adoptee Human Rights Association, or
•    National International Association for Adoption Human Rights, or
•    Association for Equal Rights for Adopted Persons

It will take a group of committed people who are willing to put in time and money to get it off the ground.

KEEPING IT SIMPLE

WE need to understand the simplicity and focus of our message.

Keep It Simple. It can be flushed out of course with an explanation of the issuance of a falsified birth certificate and the sealing of the original certificate; the history of sealed records; etc.

The Southwest Florida Chapter of ACLU adopted the following on April 21, 1987: The Rights of Adult Adopted Persons, Policy Statement (excerpt)

"Numerous states have laws or procedures which impede the ability of adopted adults, their birthparents and other relatives to ascertain each others' identities. The ACLU believes that so long as state and/or local governments choose to maintain birth records, such records must be maintained and accessible without discrimination by virtue of adopted or non-adopted status.

"Toward this end, the ACLU believes that laws suppressing information about adoptees and/or their birthparents, and laws allowing access to such information only upon consent or registration, or laws allowing access to such information only upon court order, deny adopted persons, their birthparents, and their relatives equal protection of the laws and constitutes unwarranted interference by the government with the right of people to choose whether to associate.

"The political debate on the adoption issue has tended to be framed in terms of psychological issues; emotional issues; medical and sociological issues. The above policy confines itself to a civil liberties analysis."
Sadly, some sate reformers seek access to “records” which muddies this clarity.

The original birth certificate is the property of those named on it. Denial of that access is unique and no mother was never promised her child would not know t whom he was born. 

Yes, adoptees are at risk medically not knowing their family history. This disparity is equalized by allowing them access to their OBC and then leaving it up to them if they want to pursue finding and asking their birth family medical or any other information – THE SAME AS IS DONE BY NON ADOPTEES. 

Other records such as medical, or agency files are confidential and are protected by HIPAA law. Such records are not available to non-adopted adult children so their access dos not come under an equality agenda.

Agency records contain information that was given IN CONFIDENCE to social workers, they and may or may not be true, and are often filled with judgments of mothers in a state of stress. In terms of their medical worth, they can only contain what was known to YOUNG mothers – not what their parents may have subsequently died of, or any illness they themselves my have subsequently been diagnosed with.

Mothers who was raped, or committed adultery, or had tried to abort, would be horrified to have such facts revealed by strangers rather than being able to share them herself with her offspring as she would with any child she had not relinquished.  No citizens have access to their parent’s medical records or any other such personal files told in confidence to a counselor. Access to them is a violation and is not consistent with simple EQUALITY to non-adopted citizens.

It muddies the issue, gets it off equality and a human rights issues, and losses the support of the ACLU and many mothers who otherwise support adoptee access to their OBC.

UPDATE 3/18: Any newly formed org should be INTERNATIONAL, not national. It has occurred to me since writing this that there is a very large of transnational adoptees, mostly Korean right now, who we need to embrace. This community is growing rapidly and in the not to distant future domestically born adoptees will be the minority. We need to help them with their issues and have them come on board and support us on access to the OBC, even if it would not directly effect the, But if we build solidarity we add strength in numbers and help al of us.

Wednesday, March 10, 2010

Dead Person Adopts from The Grave

In the Matter of W.R. and L.R. for the Adoption of S.W.
FAMILY LAW — Adoption
The court grants the final legal adoption to both prospective adoptive parents, including the deceased adoptive parent, effective the date of the filing of petition for adoption, crafting a four-part test designed to protect the best interests of the child and the adoptive parents.



The court may, for good cause, direct the entry of judgment of adoption nunc pro tunc (now for then) as of the date the petition for adoption was instituted

I/M/O W.R. and L.R. For The Adoption of S.W., __ N.J. Super. __ (Law Div. 2010), FA-06-08-10A, March 2, 2010:

Adoption was not recognized at common law and it is a creation of a statute. N.J.S.A. 9:3-37. The New Jersey Adoption Act, which governs adoption is liberally construed so that the best interests of the children are promoted and due regard is given to the rights of all persons affected by an adoption. N.J.S.A. 9:3-37. More directly, N.J.S.A. 9:3-50(b), states that the court may, for good cause, “direct the entry of judgment of adoption nunc pro tunc as of the date the petition for adoption was instituted.” N.J.S.A. 9:3-50(b). The statute also gives the adoptive child the same rights of inheritance as a child born in lawful wedlock of the adopting parent. N.J.S.A. 9:3-50(b).

If the child sought to be adopted is of the age of ten years or over, the appearance of the child shall be required at the final adoption hearing, unless waived by the court for good cause shown, and the child’s wishes concerning the adoption shall be solicited by the court and given consideration if the child is of sufficient capacity to form an intelligent preference regarding the adoption. N.J.S.A. 9:3-49.

New Jersey recognizes the doctrine of equitable adoption as a theory of inheritance under intestacy. Burdick v. Grimshaw, 113 N.J. Eq. 591, 596,168 A.2d 186, 188 (N.J. Ch. 1933). Equitable adoption is a device which can be used to support a claim for benefits which would be available if a legally recognized parent-child relationship existed, such as claims for an intestate share, workers’ compensation benefits, social security benefits, and life insurance benefits.” In the Matter of the Adoption of Baby T., 311 N.J. Super. 408, 416, 709 A.2d 1381 (App. Div. 1998).

The Adoption Act has undergone major revisions in the past twenty years. The legislative history reveals that the revisions were intended “to simplify and clarify the provisions governing adoption proceedings” to promote adoptions. See statement to Senate Judiciary Committee, accompanying S. 1631, 197th Leg., 1st Sess. (N.J. 1976). In 1977, the Legislature included a broad statement that the Act should be liberally construed to promote the best interests of the adoptive children involved and that “due regard shall be given to the rights of all persons affected by an adoption.” L. 1977, c. 367 § 1 (repealed 1993 and recodified as amended at L. 1999, c. 53, §1). As such, when the court is considering an adoption the best interests and welfare of the child should be the paramount consideration of the court…” In re Adoption of G., 89 N.J. Super. 276, 281, 214 A.2d 549 (Cty. Ct. 1965).

N.J.S.A. 9:3-50(b) states that the court may, for good cause, direct the entry of a final judgment of adoption nunc pro tunc as of the date the petition for adoption was instituted. The statute permits the granting of an adoption going back to the date of filing. The date of filing is important because it will permit the court to grant the adoption even after the death of a prospective adoptive parent and may provide the child with the opportunity to enjoy certain benefits from the deceased parent. For example, the child may be eligible for social security survivor benefits, life insurance benefits, veteran’s benefits, immigration status, medical insurance and other benefits that arise from the death of a parent.

Before granting an adoption nunc pro tunc, after the death of an adopted parent, sufficient evidence must be presented to support a finding that: (1) there was an agreement to adopt, (2) the nature of the relationship was that of a parent-child, (3) the intent of the deceased parent was to adopt, and (4) granting the adoption is in the best interests of the child.

Coercive Adoption Practices

I was recently asked: What percent of domestic infant adoptions do I believe are coercive. The following is my (edited) reply:

A great deal depends on the definition of the word "coerced" (not to sound like a politician). But we know that during the 40's, 50's 60's and into the 70's white single mothers had no other options but a shotgun wedding or relinquishment. There were certainly social PRESSURES and then and now there were and still are financial pressures. If you define coerce as to "bring about with force" then I would say virtually none. However, if you define it as "to dominate or control, esp. by exploiting fear, anxiety, etc." (both definitions found at dictionary.com for coerce) than I would say virtually all during that era. A choice without options is not a choice. What is being told you cannot come home with that child? Pressure or coercion?

[As an aside, I can tell you that right now there is a great deal of chatter on Facebook - adoptive parents, adoptees, and birthmoms - in an uproar about Marie Osmond calling her adopted son a "gift." Gifts are given freely and willingly and this is striking a chord with many who feel it was NOT the case.] 

Another factor is the amount of hindsight time of the mothers being asked. This is true for myself and for many, many others. There was a time during the first decade or so after my loss, that I described it as a "loving sacrifice" because we had to believe what we were being indoctrinated to believe: that it was for the best; that our child deserved better; that not to let go was selfish" and that we'd forget and have other children. Had we not "bought" into that denigrating rhetoric, we never would have relinquished. We were verbally beaten into submission. Is that coercion?  Today, having read Wake Up Little Susie and recognizing the larger social dynamic into which my personal experience was played out, I find "pressured" far more accurately describes my experience.

Many mothers remain in states of denial for decades or even for life. I have known of mothers who never told their husbands, or their therapists.  Others engage in behaviors, such as adopting or becoming a social worker, that seems to justify that what they did was in fact right and good in order to live with the horror, pain and shame of having given away their own child.  (Many adoptees likewise engage in similar justification behaviors to assuage their hurts and feelings of adoption as a rejection.)

It is not unlike defining rape and date rape and what the victim (and even some perpetrators might) think of it immediately after it happens, as compared to reflecting on it years after with education of the nuanced differences between informed consent and not. We know that in past generations, and still today in many parts of the world, women do not report rape because they know that they will blamed as causing it to happen -- being willing participants. It is the same with adoption loss for many mothers. The pain of being accused by others and even themselves is so great they simply remain silent.

Today, mothers are being convinced that they can have open adoptions and not suffer the pain those of past generations did. This too, is often coercive as they are not informed that promises of openness are unenforceable, and have no attorney truly representing their rights to inform them of such things. In some cases of legally defined coercion and fraud, there was no intent to keep the unenforceable promises of ongoing contact. Mothers who have been deceived by such false promises or promises which failed to be ongoing and are left with no recourse, describe their experience as betrayal.


Other coercive practices in current adoption practice include moving expectant mothers and keeping them isolated from their support system, as well as adopters paying medical and housing expenses, etc. for a particular expectant mother. this has been reported to create feelings of indebtedness in the mother and crates false expectations for the adopters.  Living expenses and legal fees need to come from a general pool paid into by adopters with fees tacked on to their adoptions.

IMO, any adoption in which the relinquishing parent does not have legal representation to ensure she has received impartial option counseling and knows all of her rights - an attorney NOT paid for by the adopting parents or an agency whose livelihood depends on adoption placements, or their agents...are ALL coercive adoptions. Mothers who voluntarily relinquish have less rights in this regard than those accused or felony crimes who are appointed legal aid.

MUST READ ARTICLE

From Grown in My Heart, the blog of an adoptive mom comes a long post but a MUST READ reprinted from First-Moms, Issues — By FauxClaud on March 9, 2010.

The following are just a tiny few excerpts to wet your appetite:  

By 2012, Adoption Will be a 5 BILLION Dollar Plus Industry 

Even the banking and insurance industry has more regulations applied to then than adoption and we know what they do to try and make money at all costs.

An industry analysis of Fertility Clinics and Adoption Services by Market Data Enterprises of Tampa, FL, has placed a $1.4 billion value on adoption services in the US back in’ 99. No other government or private agency has bothered since then. With a projected annual growth rate of 11.5% to 2012, this makes adoption the largest unregulated industry in the US.
Do the math; even if we follow those conservative projections, because the market has exploded since this last study was done making 11.5% is very mild of a percentage, we have a number that is in excess of 5 billion dollars by the end of 2012 with a growth rate of at least a half billion a year and growing.
adoption industry facts
Let’s all repeat: NO REGULATIONS PLUS LARGE SUMS OF MONEY EQUALS CLIMATE FOR CORRUPTION. That, folks, is human nature.

Adoption Laws In the USA are Antiquated

Birthmother Grief is Real and Traumatic and Lifelong

Many, many mothers did indeed lose their children to adoption and suffer what can only be described as a real diagnosis of “birthmother grief”.
Whether they were downright forced and given no choice, or if they were made to believe they had a choice, but still felt they had no other options, or whether they felt they had options, but were not really given the accurate information regarding long term ramifications of relinquishment for them and for their child. These are women who are and could have been good parents. These children were in no danger of being bump around in foster care for years. No threat of abuse. If it was not for the happy adoption seduction dance of coercion, these families would just be. They would have parented. Maybe they would have had a few first years of lean times, maybe it would have been hard, but look at us now? Suz, Jenna, PoorStatue, Barb for example; all hard working, goal minded, strong willed ladies. I doubt any of us would have sunk to child beating, crystal meth, stripping, and getting beaten by our men just because we had a baby in tow. In fact, I dare to say that we would be more apt not to, because of the need to love and provide for our kids.

Note: An excellent point made is that along with everyone else who turns a blind eye and doe snot want to face the truth about adoption are some birth moms :

Many do not want to look at it deeply and fully. It really can hurt emotionally, in a way that is completely indescribable and words could never do justice.  Often, by the time we do allow ourselves to feel deeply regarding the relinquishment of our children, we have years invested in self denial.  Because it cannot ever be undone and all we can do is live though the time, mothers and fathers who relinquish their child to adoption have a great resistance as well and often, anger, at seeing adoption in a real light. This is especially true for newer first mothers who still must function at a level for survival as they work through their grief.

There is a huge difference between child protection and child surrender.

One of my favorites lines from this excellent post is this one:

Don’t Dismiss The Adoption Message with Generalizations: I may generalize and state that “adoption is bad”, BUT I don’t mean YOUR adoption necessarily.

It is excellent! An article to be passed around widely. It’s only a shame that this was not published in a “real” magazine where it would get wider readership. I will share it with my press colleagues in the hope of getting some of the really juicy quotes “out there.”

Excellent delivery of FACTS and excellent portrayal of the emotions behind the issues and why the facts are kept hidden. KUDOS!!  Here again is the link.

Tuesday, March 9, 2010

Michael Blosil's Birth Mother at His Funeral



Marie Osmond said today at Michael's funeral:

"I'm proud of my son and I honor his birthmother 

who's here today, 

who gave me the greatest gift. 

Thank you for those beautiful 18 years."

UPDATE 3/10/10: A discussion has ensued on Facebook as a result of my posting this news tidbit and the issue of "the gift" and whether Marie deserves any kudos for just doing what she SHOULD have done. 

This is my reply:

"Should she get a pat on the back for doing what is decent and civil behavior under "normal" circumstances? Nothing is normal about adoption! I have known birth moms whose child had died before they ever met and were denied so much as a photograph of their child when they contacted the a-family! My daughter's adoptive family has been less than kind or considerate to me - FAR LESS! They have never given me one single photo either, though I met my daughter and have some photos.

"So, yes, whatever crumbs she gives are better than none and she she not only had her there, but publicly recognized her as being there. And Marie is not just an ap -- she LDS!!  This is HUGE!
 
"It serves as a model for other adoptive parents. Birthparents don't bite; we're not a threat. We don't have horns on our heads or all wear fish net stockings with a cigarette hanging from our drug-addicted lips. We are human beings.  This is a good step for mankind!

"It is far better to be invited to and share our children's wedding, but...it is a step to show this kind of solidarity of two mothers of the same child."


Seems, however, I was on an unusual optimistic, hopeful cloud there for a small time. Very soon my comment above was replied to by Marsha Rains Roberts who said that:

"[A]s an adoptive parent who is a part of many aparent circles, I don't know how educating really this is. I can just see most of the clueless ones going "oh well isn't Marie so wonderful for inviting that birth lady to the funeral? I hope they had security watching her so she didn't steal anything while she was there. I couldn't do it, but that's ... See Morenice she let that woman come, at least she could see what wonderful people her son was given to so she'll know what a good choice she made. I hope the woman doesn't start trying to get money out of Marie now. Tsk tsk, I bet the Osmands didn't think about that. It's probably a scam. She wasn't his mom anyways. She didn't want him, she's lucky Marie did. Imagine the nerve of her even trying to show up there. Marie is a much better woman than I am!"

Karl Rove Was Adopted

In anticipation of the release of his memoir, Courage and Consequence, Karl Rove opened up about his political and personal life to Matt Lauer this morning on the Today show

Rove descrined his family as adoring and kind despite never telling him he was adopted (his aunt “let fly” the fact over dinner once when he was 19). !

He had thought that Louis Rove was his father, but he then at 19, discovered that the man he believed to be his father was actually his mother’s second husband and had adopted Karl. The timing of the couple’s divorce coincides with the time when it was said that Louis Rove was gay.

But Rove says: “I don’t know whether my [step] father was, at the end of his life, gay or not. I just don’t. I don’t think so, but I don’t know.”
Rove denied anything to do with the dirty campaining against John Mccain that suggested his daughter who was adopted from Begladesh, was an illegitame interracial child.

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

Motherhood, Adoption, Surrender, & Loss

Who Am I?

Bitter Winds

Adoption and Truth Video

Adoption Truth

Birthparents Never Forget