Crossing Lines: When Interstate Adoptions Go Wrong

On March 26th, 2018, Jen Hart drove her SUV, with her family inside, off a cliff in Mendocino County, California.  Jen and her wife Sarah were the adoptive mothers of two groups of siblings – Markis, Abigail and Hannah and Jermiah, Ciera and Devonte (Jermiah and Ciera were renamed “Jeremiah” and “Sierra” by the Harts).  Although originally from Minnesota and living in Washington at the time of the incident, Jen and Sarah adopted all six children from Texas – even as Jermiah, Ciera and Devonte’s aunt was trying to work with that state to have them placed with her.   The Minnesotan adoption agency responsible for them had a history of violations.  As the Hart’s moved from Minnesota to Oregon to Washington, the tenuous nature of interstate adoptions between child welfare systems would become even clearer.

 

Their tragic story is easily one of the most horrific stories to come from our nation’s foster care system, but it has brought national attention to one major player in national child welfare system:  the Interstate Compact on the Placement of Children (ICPC).  Initially conceived of almost 60 years ago, the ICPC finds itself under scrutiny today as more accounts emerge of how this agreement sometimes works against the best interests of the children interstate adoption is supposed to serve. Continue reading

A Foster Child’s Family Tree: How To Find Adoption Records

In May 2014, New Jersey joined eight other states in opening up access to adoption records for adoptees. Today, the nature of open adoption record legislation across the United States is still evolving. For those foster children who were placed in care at a very young age, these records can represent a vital link to the past. Sometimes, however, the release of these records can also represent a violation of the biological parents’ wishes; the conflict between the rights of the adopted and the rights of the parents is central to understanding why many states still do not allow adoptees to find adoption records. For this reason, adoption record information is generally understood as belonging to one of two categories – identifying and nonidentifying information. As adoption law grows and adapts, more and more states are opening up these records and finding ways of navigating the complicated legal situations that spring up from these distinctions.

Find Adoption Records Legislation In Your State

What do these distinctions mean? According to the Child Welfare Information Gateway, nonidentifying information includes (but is not limited to) the adoptee’s date and place of birth, physical descriptions of birth parents and their education levels . For almost every state, nonidentifying information is available to adoptive parents or adoptees, and roughly 26 states make similar information about the child available to birth parents.
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Open Adoption Records Bill Signed Into Law in NJ

Open Adoption Records Law in NJ Seeks to Protect Both Adopted Children and Birth Parents

Open Adoption Records

Photo by Governor’s Office/Tim Larsen

In the United States, adoption is looked at very differently today than it was in previous years. Instead of being veiled in secrecy, more and more adoptions now take place as open adoptions. Childwelfare.gov defines open adoptions as a form of adoption that allows birth parents to know and have contact with the adoptive parents and the adopted child.For those adopted prior to this trend, a court order is needed in order to see one’s own birth certificate in most states.

On May 27, 2014, New Jersey joined the list of states that allows adoptees unrestricted access to their birth records. As reported by the Associated Press, open adoption records are also allowed in Alabama, Alaska, Kansas, Maine, New Hampshire, Oregon, Rhode Island and Tennessee. Continue reading