Adoptive V. Birth Parents' Legal Rights

934 words - 4 pages

Adoptive v. Birth Parents' Legal Rights

This issue hits home with me, I am adopted. I believe that a child's parents are the people who raise them and take care of them. I do not believe that birth parents have any rights to their children after the child has been adopted and living with their adoptive parents. The biological parents made a decision when they put the child up for adoption, for whatever the reason may have been. Just because they feel that their lives are more "stable" and "together" does not give them the right to rip a child from the only parents that child knows. By doing this the biological parents destroy not only the life of the child but also the lives of the adoptive parents who have worked so hard to have a child to call their own. I feel that biological parents should not have this right because it is based purely on selfish reasons and it destroys all the lives involved. In the next few paragraphs, I intend to discuss some famous rulings of recent adoption cases, and the horrible outcomes that followed.
In these days adoption has become extremely hard for couples looking to adopt children for fear that the adoptions can come undone. Two of the most recent, highly publicized and heart-wrenching cases in this country that have spurred this fear in perspective adoptive parents are the cases of "Baby Jessica" of Michigan, and "Baby Richard" of Illinois. In both of these cases, a child was adopted and then ordered by the courts to be given back to the biological parents.
The widely publicized "Baby Jessica case gripped the emotions of the nation as the natural parents (Dan and Cara Schmidt) of Iowa sought to regain custody of their daughter from the adoptive parents (Jan and Robert DeBoer) of Michigan. The adoptive parents had been ordered to return the child to the Schmidt's by the Iowa courts. Confronted with this decision, The DeBoers successfully persuaded a Michigan state trial judge to enter a custody order in their favor, only to have the Michigan court of Appeals declare that the court in Michigan was without jurisdiction to act. The publicity abruptly halted when the Michigan Supreme Court entered its order on July 2, 1993, requiring that "Baby Jessica" be returned to her biological parents. (Baron, 72)
In the Baby Jessica case, the birthmother intentionally identified the wrong man as the birth father. The adoptive parents took custody believing they had the consent of the birthfather, only to find out later that the real birthfather objected to the adoption. As a result of this case, state courts are recognizing that even when there is consent from a man who pretends to be a child's father, greater efforts must be made to identify others that may claim to be the father and steps must be taken to terminate their rights. (Gray, 18)
Baby Richard's Case was riddled with...

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