Item number 9 in the Oklahoma code states:
"Promote and strengthen the integrity and finality of adoption by limiting the time and circumstances for a consent to be withdrawn or a challenge to the adoption filed; and"
Comments:
Does anyone catch the first part of that code: "promote and strengthen the integrity and finality of adoption?" So adoption needs to be strengthened and promoted to have integrity and finality. Those words seems to contraindicate any rights, best interests, civil rights, or support of the family from which that child comes. The words are in support of adoption, a thing that happens to a child who has been stripped of his/her biological family. By all means, let's strengthen what is already so skewed and flawed in the first place that by writing codes into law, the best interest of the child gets completely buried.
Going back to the way this code begins: "The Legislature of this state believes that every child should be raised in a secure, loving home and finds that adoption is the best way to provide a permanent family for a child whose biological parents are not able or willing to provide for the child's care or whose parents believe this child's best interest will be best served through adoption."
So in order to be sure that the state has validity to promoting adoption as the answer for a parent who "believes" the child's best interest will be best served..." the codes are written to "protect" the adoptive parent so that IF biological parent(s) make a decision to place a child for adoption, the states is going to back up the adoption plan by not allowing the biological parent (who made the decision believed to be in the best interest of their child) to change their mind because all of a sudden, after making that initial decision, they no longer have the sense God gave a goose to change their minds. After all, that would not "strengthen the integrity and finality" of that adoption plan.
So the codes now state that the time is limited for withdrawal of consent AND circumstances are narrowed to be able to challenge the adoption. Once again, who does this code protect? The child, NO. If the biological parent changes their minds, how does not allowing them to change their minds protect the child? The child belongs with the biological parent. Being with the biological parent is willing and able IS the best thing. Who decided to act like God and "legally" strengthen adoption codes to protect the "heartache" of the adoptive parents from the the biological parents changing their minds?
Adoption Law Alerts
Wednesday, October 2, 2013
Thursday, September 26, 2013
Oklahoma Adoption Code Statute 10-7501-1.2.8
Just as a reminder these numbered items from the Oklahoma Adoption Code are listed after the statement: "The purpose of the Oklahoma Adoption Code is to:"
Today item #8 will be addressed. "Ensure that children placed for adoption will be raised in stable, permanent loving families who qualifications for adoption have been properly evaluated in light of the child's needs;"
Comments:
While there are home studies and interviews to work with adoptive parents, what is done to "ensure" these stable, permanent loving families?
What qualifications need to be met and how are adoptive parents "properly" evaluated?
Not only properly evaluated, but how are they evaluated "in light of the child's needs"?
The research I have read on adoption over the past 16 plus years has yet to reveal standardized home studies or interviews, let alone standardized evaluations. We put our children in the public schools through more rigorous testing and evaluations just to determine if they are competent in their skills than we require for people who are assuming the responsibility of raising someone else's children.
Considering the amount of money charged in the adoption of a child, there is surely enough money to support standardization of home studies, interviews and evaluations. But how would parents be evaluated in "light of the child's needs"? Better yet, when a child's best interest isn't heard, how would anyone know what the child's needs are? There are obvious ways to determine if a child needs safety, food, or nurturing just by physically assessing the child. If it stops at the physical assessment how does the child get what he or she might truly needs?
I contend this code actually covers the needs of the adoptive parents specifically. The adoptive parent decides and convinces the caseworker or adoption representative of how loving and stable they are. The unreliable and invalid (testing terminology for lack of standardization) home study and interviews occur with NO further evaluations and a determination is made that the adoptive parent is everything s/he says and the matching of child to parent proceeds.
How should this code read? The purpose of the Oklahoma Adoption Code is to investigate the potential of a family to provide love, stability and permanency for a child who needs a home due to involuntary termination of parental rights. A best interest hearing is required to best assess what the child will need to thrive and benefit from adoption placement.
Your comments and suggestions are welcome. I'm hoping others from the United States will begin to dissect the adoption codes of their state and share. What are your suggestions to make #8 more about the child?
Today item #8 will be addressed. "Ensure that children placed for adoption will be raised in stable, permanent loving families who qualifications for adoption have been properly evaluated in light of the child's needs;"
Comments:
While there are home studies and interviews to work with adoptive parents, what is done to "ensure" these stable, permanent loving families?
What qualifications need to be met and how are adoptive parents "properly" evaluated?
Not only properly evaluated, but how are they evaluated "in light of the child's needs"?
The research I have read on adoption over the past 16 plus years has yet to reveal standardized home studies or interviews, let alone standardized evaluations. We put our children in the public schools through more rigorous testing and evaluations just to determine if they are competent in their skills than we require for people who are assuming the responsibility of raising someone else's children.
Considering the amount of money charged in the adoption of a child, there is surely enough money to support standardization of home studies, interviews and evaluations. But how would parents be evaluated in "light of the child's needs"? Better yet, when a child's best interest isn't heard, how would anyone know what the child's needs are? There are obvious ways to determine if a child needs safety, food, or nurturing just by physically assessing the child. If it stops at the physical assessment how does the child get what he or she might truly needs?
I contend this code actually covers the needs of the adoptive parents specifically. The adoptive parent decides and convinces the caseworker or adoption representative of how loving and stable they are. The unreliable and invalid (testing terminology for lack of standardization) home study and interviews occur with NO further evaluations and a determination is made that the adoptive parent is everything s/he says and the matching of child to parent proceeds.
How should this code read? The purpose of the Oklahoma Adoption Code is to investigate the potential of a family to provide love, stability and permanency for a child who needs a home due to involuntary termination of parental rights. A best interest hearing is required to best assess what the child will need to thrive and benefit from adoption placement.
Your comments and suggestions are welcome. I'm hoping others from the United States will begin to dissect the adoption codes of their state and share. What are your suggestions to make #8 more about the child?
Wednesday, September 25, 2013
Statute 10-7501-1.2
Oklahoma Adoption Code 10-7501-1.2, A , 7 Encourage prebirth planning for adoption as a means of facilitating adoption of a child into a permanent family as soon as possible. To that end, the Oklahoma Adoption Code provides for a prebirth notice of a plan for adoption and for procedures bywhich a putative father may give his consent or otherwise respond to the notice;
Comments: So "prebirth notice of a plan for adoption" is a good place to start in the most recent case in Oklahoma. There was no prebirth notice of a plan for adoption. One has to ask, in the case of Baby Girl vs Adoptive Couple, what was the need for a prebirth adoption plan?
There was no imminent crisis, neglect, lack of support, unfitness, or circumstance that would require a prebirth plan of adoption. The point here is that the code is written to encourage a prebirth plan for adoption. Why? If the child has no home or family, i.e. the mom is incarcerated giving birth and is facing a life sentence, her family is dead and the putative father has similar circumstances, maybe a prebirth adoption plan would be in order. How often does the circumstance of a child needing a home warrant a prebirth adoption plan? That might be a good research project for someone.
Why is the code written to favor such a prebirth plan for adoption? This certainly opens the door for those adoption "planners" out there to get busy and start calculating how much someone would pay for a prebirth plan if the marketing and paperwork were all in place.
So how did this code get written this way? Who came up with the idea of prebirth adoption planning, introduced it and got the support to pass it into law? Those answers might be very interesting. My guess is there was no adoptee involved in introducing that bill to add that code.
The rest of item 7 clearly indicates that the code also provides for procedures by which a putative father "may" give his consent or otherwise respond to the notice. I'm wondering what that procedure is. Maybe as we read through and learn this together we will find that somewhere else in the code.
As I conclude this blog, I would like to point out, this is item #7 of 10 items listed under 10-7501-1.2. Two sentences long which raises more questions to me than reasonable understanding of why an adoption code would solicit for prebirth adoption planning and how the putative father is notified to give consent or respond.
So much more to come. All comments and research with citings are welcome!
Comments: So "prebirth notice of a plan for adoption" is a good place to start in the most recent case in Oklahoma. There was no prebirth notice of a plan for adoption. One has to ask, in the case of Baby Girl vs Adoptive Couple, what was the need for a prebirth adoption plan?
There was no imminent crisis, neglect, lack of support, unfitness, or circumstance that would require a prebirth plan of adoption. The point here is that the code is written to encourage a prebirth plan for adoption. Why? If the child has no home or family, i.e. the mom is incarcerated giving birth and is facing a life sentence, her family is dead and the putative father has similar circumstances, maybe a prebirth adoption plan would be in order. How often does the circumstance of a child needing a home warrant a prebirth adoption plan? That might be a good research project for someone.
Why is the code written to favor such a prebirth plan for adoption? This certainly opens the door for those adoption "planners" out there to get busy and start calculating how much someone would pay for a prebirth plan if the marketing and paperwork were all in place.
So how did this code get written this way? Who came up with the idea of prebirth adoption planning, introduced it and got the support to pass it into law? Those answers might be very interesting. My guess is there was no adoptee involved in introducing that bill to add that code.
The rest of item 7 clearly indicates that the code also provides for procedures by which a putative father "may" give his consent or otherwise respond to the notice. I'm wondering what that procedure is. Maybe as we read through and learn this together we will find that somewhere else in the code.
As I conclude this blog, I would like to point out, this is item #7 of 10 items listed under 10-7501-1.2. Two sentences long which raises more questions to me than reasonable understanding of why an adoption code would solicit for prebirth adoption planning and how the putative father is notified to give consent or respond.
So much more to come. All comments and research with citings are welcome!
Adoption Law Alerts is Born
TO THOSE OF YOU WHO ARE VESTED IN ADOPTION CHANGE...LET'S GET ON THIS AND KNOW YOUR STATE'S ADOPTION CODES THEN SHARE.....
Welcome
http://adoption.about.com/od/adoptionlawsbystate/Adoption_Laws_by_State.htm
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