Only in the world of adoption…

07 Feb
The mother last held her son in May 2007 and served a two-year sentence which although the article does not state the date she would have been released somewhere around May 2009…yet it is now 2011 – at least 18 months have passed where she could have reestablished her relationship with her son but because the courts did things wrong and approved an adoption that option was not possible.  They say she abandoned her child but she left him with her sibling who agreed to care for him.
“They are wanting to take him and put him with people he doesn’t know; he doesn’t speak their language,” said Joseph Hensley, a lawyer for the Mosers. “It’s going to be basically starting over for him. … It’s heartbreaking.”
Said by the lawyer for the parents whose adoption of the child was overturned in a 4-3 decision by the high court in Jasper County Wyoming.  Yet that is exactly what happens in inter-country adoptions all the time – thousands each and every year – but when the shoe is on the other foot it becomes different?  How can the argument be used to keep a child or remove a child?  It makes no sense to me.
“Supreme Court judges said several steps were missing in that trial.
“The trial court plainly erred by entering judgment on the adoption petition and terminating mother’s parental rights without complying with the investigation and reporting requirements,” Judge Patricia Breckenridge wrote in the majority opinion. “The trial court’s judgment terminating mother’s parental rights, allowing the adoption to proceed without mother’s consent to the adoption … although supported by clear, cogent, and convincing evidence on the record, is reversed.”
Three judges went further and said the child should be reunited with his birth mother immediately.
“The tortuous path to the decision in this case — as said of the road to hell — may be paved with good intentions,” Judge Michael A. Wolff wrote. “But good intentions are not enough to justify what has happened in the course of this case, now in its fourth year.
“The courts of this state, including this court, and our treasured adversarial system of justice have failed this child, and his birth mother, and have ensured that, whatever the ultimate outcome, hearts will be broken.”
Read more:

Posted by on February 7, 2011 in Adoption, Ethics



7 responses to “Only in the world of adoption…

  1. Jeannette

    February 7, 2011 at 11:28 pm

    When I originally read about this adoption and the child being reunited with his mom I thought the same thing as you. How is it okay to take a child from another country to the US when the child does not know the language? No one questions it no one argues about the language barrier. In that case no one questions it. But in this case it is seen as bad that the child is going back to his mother and they do not speak the same language. Oh the fun of adoption.


  2. The adopted ones

    February 7, 2011 at 11:37 pm

    Has he been reunited? I did not read that…only that we have seen this case in the media for a long time now. The whole thing just makes me want to cry.

    Why is he better off adopted and staying in the US than going home to Guat with his mother? Another contradiction when the US is a sending country under the Hague Convention so if he would be better off in the US then what does it say about the other US children adopted out of country? Is it only okay because they are adopted? They will have to learn a new language if they were old enough to speak at the time of adoption.


  3. Jeannette

    February 8, 2011 at 12:09 am

    I assumed he was reunited – I have not kept up with the story. How could he not be with his mother when she never signed away her rights? It is heart breaking.


  4. Von

    February 8, 2011 at 1:35 am

    The heartbreak never ends does it, the bungling, the deceptions, the lies and the wrongful decisions which deny rights.


  5. cb

    February 8, 2011 at 5:31 am

    I’ve been following this story too, it just seems so wrong.

    Btw this seems to be the last article I can find dated 26/1/11.


  6. Raven

    February 8, 2011 at 8:05 am

    This particular case has had my head spinning for months. It’s so obviously wrong on so many levels. And people say that the world of adoption has reformed and is now ethical…yeah, right.


  7. Margie

    February 8, 2011 at 5:40 pm

    “In a 4-3 decision, the high court said the Jasper County Circuit Court violated state law when granting the adoption.”

    It’s a shame that Bail can’t sue the Jasper County court. Sad sad story. And with anti-immigrant sentiment as it is, I’m sure we’ll see it again and again.



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