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Category: Fellows Public

Fellows Public

Let it Go: How one adoptive couple accepted open adoption

“The trees are about to show us how beautiful it can be to let things go.” – Unknown.

This summer I began representation of a young potential adoptive couple.  They live across the country, so when the expectant mother went into labor this fall the baby was born by the time they reached the small town Kansas hospital. The agency worker described to me the adoptive father’s tears as the biological father gently laid the newborn in his arms.  Shedding some fear, their dreams were finally coming true.

The couple had not been in direct contact with the biological mother. However, by all accounts their relationship was blooming as they spent time with her, so I was surprised when they voiced concerns regarding a meeting with the biological mother after discharge from the hospital. “What if she changes her mind?”  “What if she tried to leave with the baby?”  “What if the biological father comes?”  “What if she asks questions we don’t want to answer?”

We discussed their questions and concerns. We talked through their fears and the fears that the biological mother might be feeling. I asked them to focus on what good the meeting could do. With some hesitation, they agreed to the visitation.  They set aside their fear of the unknown and took a chance on what was possible.

The next day I was so happy to hear how the visit went. To their surprise, the biological father also came.  They said it had been difficult, but beautiful. They said they really couldn’t imagine it going any better. They left in awe of their child’s biological parents, so happy they had that time together.

Later, we worked out an open adoption agreement that included future visits between the biological mother and the adoptive parents. When I first spoke to the adoptive parents, they had not viewed visits positively.

The adoptive parents had expected to maintain an arm’s length relationship with the biological parents. They thought that they were protecting their adoption by not letting the biological family get too close.  But when they let go of some of their fears and insecurities, their capacity for love expanded. By releasing prior expectations of control, they prioritized their future relationship with their adoptive child by honoring the biological parents.

Adult adoptees have taught us that while the importance an adoptee feels towards their biological family varies, a child’s biological parent is always and will always be significant.  That biological connection will always be a huge part of a child’s story, and whether that part of their story is a positive or negative for them can be largely influenced by the child’s adoptive parents.

Many adoptive parents have to let go of countless expectations and anxieties when they adopt. It is not an easy task and it doesn’t end with the Decree of Adoption. This adoptive couple was able to start that journey, and were happier for it. They stopped seeking control and chose to start building a future they hadn’t planned.

Adoption isn’t perfect. Adoption certainly isn’t easy.  But sometimes, setting expectations aside, can make it beautiful.

As I listened to my clients tell me how in love with their son they were, I looked out across the November Kansas foliage and smiled.

— Megan Monsour is a AAAA Fellow practicing adoption law in Kansas. You can contact her through her law firm’s website, www.hinklaw.com.

Learn more about open vs. closed adoption

Filed Under: Adoptive Parents, Birth/Expectant Parents, Featured, Fellows Public Tagged With: Open Adoption

Celebrating National Adoption Month

Adoption stirs up many images in people’s minds, such as the old-fashioned orphanage where children were placed and prospective adoptive parents came to visit and “choose” their child.  That scene was most recently depicted in the movie “Stuart Little”.  That is not the case here in the US, as orphanages have been replaced by foster homes or even group homes.  Internationally, orphanages are still utilized for the government to care for orphan children.  My personal adoption story involves two Russian orphanages where my two youngest children were placed until I adopted them.

I see much of the joy of adoption, but adoption also involves great loss.  Children who have been in foster care and remember their birth parent or parents grieve after the life they could have had with their family of origin, regardless of the situation or circumstances by which they found themselves in foster care.  The family of origin grieves, as familial relationships are severed by either an involuntary termination of parental rights or a surrender of rights.  Grandparents find themselves no longer grandparents and are often horrified to realize that their grandchild will be raised by others, most likely strangers, and that the relationship they had with their grandchild or grandchildren is forever lost.

Rather than the old-fashioned orphanage style of adoption, most couples who come to me for finalization of an independent adoption have already matched with a biological mother who is either pregnant or has already given birth.  I encourage prospective adoptive parent(s) to use their connections to cast a wide net in seeking an infant to adopt.  Others choose to work through an adoption agency, where they will provide their family profile, often through a book or digital photographs, and a birth mother will have the opportunity to know a little bit about the adoptive family and make a choice as to where to place their infant for adoption.  This empowers women who sometimes feel as if they have little choice in their immediate destiny to have a choice in who raises their child.  Regardless, I encourage open adoptions which can be as “open” as folks decide – pictures of the child and updates – with some families choosing to “adopt” the biological mother of the child and mentor that woman in her life journey.  That is the best solution that can be reached in order for a child and family of origin to feel connected to both their birth family as well as their adoptive family.  However, some adoptive families would not feel comfortable in that type of scenario and choose to have little to no contact with the birth family of their child.

Regardless of what type of adoption – adoption agency or through foster care, independent adoption, relative adoption, stepparent adoption, international or even adult adoption – families are formed and life connections are made.  In the world in which we live today, feeling connected to a family is invaluable for emotional support, as well as the obvious financial, educational and other supports given to a child through adoption. Being part of a loving, giving and inclusive family is the greatest gift for any child or adult. That’s why we celebrate National Adoption Month!

— Judy Sartain is a AAAA adoption attorney practicing in Georgia. Learn more about Judy and her practice through her website, www.stearns-law.com.

 

Filed Under: AAAA News, Adoptive Parents, Featured, Fellows Public Tagged With: Family, Foster Care, National Adoption Month

Thankful for Adoption

All month long we have been posting positive or inspirational adoption stories provided by our AAAA attorneys. As the Executive Director of the Academy of Adoption and Assisted Reproduction Attorneys, I do not have the privilege of dealing day-to-day with biological parents or prospective adoptive parents or even handling any part of an adoption at all. I still have a positive adoption story to share though. My story is that I have the wonderful privilege of working daily with attorneys and agencies whose main focus is to improve the adoption process for everyone involved. I have the opportunity to collaborate with a wonderful Board who work tirelessly to find ways to expand our organization’s reach and educate the public on adoption issues. I have appreciated the times I have been able to speak with Members of Congress to advocate for biological parents and adoptive parents to ensure that the best interests of their children are always served. I am thankful to also be involved in the Family Formation Charitable Trust, created by AAAA, to further educate the public and to provide financial assistance to those forming their families through adoption or assisted reproduction. I am most thankful that through my job I am able to speak daily with individuals or families who call for assistance with their adoptions and to know that by referring them to one of our wonderful adoption attorneys they will be receiving, what I believe, is the finest, most compassionate representation available – no matter their situation. So, to sum it up, I am living my inspirational adoption story daily through the work I am privileged and thankful to be able to do with the Academy of Adoption & Assisted Reproduction Attorneys.

— Jennie Sullivan is the Executive Director of AAAA. She has been involved in the adoption realm for over 28 years.

Filed Under: AAAA News, Adoption Attorneys, Featured, Fellows Public Tagged With: Family, National Adoption Month, Parents

Offsetting The Cost of Adoption

As we celebrate National Adoption Month, here is an article written by Sally Wildman, one of our AAAA Attorneys who previously practiced adoption law in Illinois before retiring this year. The article provides some helpful tips on how to allay some of the costs of adopting.

Read the full article HERE.

— The attached article is being posted with permission from Natural Awakenings Chicago where the article was first published.

Filed Under: AAAA News, Adoptive Parents, Featured, Fellows Public Tagged With: Adoption Cost, Adoption Tax Credit, National Adoption Month

Congressional Coalition on Adoption Advocates for International Adoptions

Coalition on Adoption Caucus Co-Chair, Senator Klobuchar recently brought up international adoption in a Judiciary Committee hearing with DHS Secretary Alejandro Mayorkas. Below is a brief transcript of the exchange.

Senate Judiciary Committee hearing Oversight of the Department of Homeland Security

November 16, 2021

KLOBUCHAR:  Thank you. Last question here; along with Senator Blunt, I co-chair the congressional Coalition on Adoption Caucus. Many of the members on this committee are members; it’s very bipartisan. Over in the house, it is Adam Smith and Representative Aderholt that chair the commission. And that’s why we’ve introduced the Adoptee Citizenship Act to make citizenship automatic for all international adoptees who were legally adopted by U.S. citizens as kids, regardless of when their adoption was finalized. Since 2004, international adoptions have fallen nearly 93 percent. And I have always viewed this, and part of it, of course, is a pandemic; part of it is things that Russia did, things that China did. But there’s a whole lot of kids in other countries as well that need a loving family, and there’s a whole lot of Americans that would like to adopt kids. We are proud that the domestic numbers have actually gone up during the last few administrations; with foster kids getting adopted, that’s all good. But international adoption has actually been a part of the way that our country is connected to the rest of the world. Not to mention the humanitarian issues. Will you work with me to identify barriers and find ways to ease the citizenship process for foreign-born adoptees and also in general, as we’re talking to the State Department, Senator Blunt and I about this issue to work to get back to the situation where we were welcoming adopted kids into our country?

MAYORKAS:  Senator, I would be privileged to do so. I was privileged to work with then-Senator Mary Landrieu on international adoptions as well as with Ranking Member Grassley on that valiant effort.

KLOBUCHAR:  All right. Thank you…

Filed Under: AAAA News, Featured, Fellows Public Tagged With: International Adoption, National Adoption Month

From Empty Nester to New Parent

J and P were long time foster parents. They were about to be empty nesters as their youngest child had just gone to college when they agreed to be a respite short term foster placement for a child who needed temporary care. Little did they know that this decision would change their lives forever.

I had the honor of helping J and P complete their adoption journey with this lovely child. What began as a temporary need turned into something much bigger when J and P realized that this child desperately needed a forever home. As with many adoptions, the journey was not always easy. What began as a simple yes, we will help turned into four years of litigation expense and stress.

Navigating the adoption journey was stressful but I was able to guide them and advocate for them.  Ultimately, they entered into an open adoption with the Birthmother.  The beauty of open adoption is that when a birth parent knows in their heart that they cannot take care of a child it gives them a way to stay connected to the child.  

Adoption laws are complicated especially when you have a situation where there is interplay between fostering and adopting. My job was to guide advocate and protect J and P interests. They trusted me even when it was hard and never wavered in their desire to give this child permanency. J and P sacrificed tremendously both financially and emotionally but ultimately in the end they finalized their adoption and, in navigating an open adoption with their birthmother, enabled their child to always know his culture and his background and never feel abandoned.

Their case is like many cases that I see in my practice. People with a desire to help children who make sacrifices and put their own needs aside so that they can provide stability and permanency one child at a time. For those who are struggling in the adoption process,  have faith because just when you think you are at the end often a door will open and he will go down a path that you never expected and end up in a really good place and have the family you always dreamed of having.

— Sherriann Hicks is a Trustee and Fellow of AAAA. Her adoption practice is in Georgia. Learn about her practice, www.sherriannhicks.com.

Filed Under: AAAA News, Adoptive Parents, Featured, Fellows Public Tagged With: Foster Parents, Open Adoption

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The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

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