Day 2 of Adoption Activism; NAAM2013- The Proposed Adoption Bills in Michigan

2. Day 3 of Adoption Activism; NAAM2013- The Proposed Adoption Bills in Michigan

Michigan Is Close to Screwing Over Birth Parents Big Time

2.	Day 3 of Adoption Activism; NAAM2013- The Proposed Adoption Bills in MichiganSo back in may, I wrote about the “Adoption Reform Package ” of bills that were introduced in Michigan. Please take a minute and re-read the breakdown of the whole hot mess.

These horrible pro-adoption bits of agency drivel (HB 4646, 4647, and 4648) have all passed the Michigan House, and are awaiting vote in the Senate.  HB 4927 is still in the House and awaiting a vote.

Now, it is worth to note that HB 4927 has not passed because That. Is . The. Only. Bill. That. The. Media. Or Public. Cares. About. Why? Because it is one of those bills that basically says “If you get state funding then you can be discriminatory  based on religious preferences and not let gay people adopt children” and therefore is being called as discriminatory. While agree that it IS discriminatory, I of course, favor the opposite;  which is I don’t care if you are gay or not, I would rather you NOT adopt.  Other than that, and the fact that the fuss about THIS bill is allowing the other equally (if not more shitty bills) fly under the radar, I don’t care.

Let Me Remind You How BAD These “Adoption Reform Bills” in Michigan Are

First, did you read my first post on the Michigan bills?  Really, go do that. It will help. I’ll wait.

So now that these bills have moved around and had more hands in the pot, so they are actually even MORE crappy than before. I know;  hard to believe!

So HB 4647 would shorten the post-placement period from 6 months to 3 months and is just unneeded and HB 4648 establishes the nonexistent “putative father registry” so adoption agencies can screw over birth father’s more rapidly and with the law on their side.  I however would like to spend some more time discussing how FUCKING HORRIBLE Michigan’s Proposed Bill HB 4646 is.

So instead of having to have a mother relinquish in front of a judge, they want her to be able to sign  within 24 hours, without a judge, and revocation of  relinquishment consent is now a proposed 72 hours/ 5 days ? How did they get the thought that this was a good idea? Oh, the supervisor for Bethany Christian Services has testified that she thinks it’s a good idea!

Michigan adoption corruption

I just think it’s super appropriate for she who personally and professionally benefits from the termination of parental rights to speak on behalf of moms who have lost children to adoption, don’t you?

Get Birthmothers to Sign In the Hospital so They Can be Found Before They Go Off to Smoke Crack!

And why can’t all these birthmothers come to court to stand in front of a judge? Let me introduce the Crack Whore Birth Mother Defense… see, increasingly, she sees more and more moms with addictions and they are too busy OFF SMOKING CRACK to bother coming to court to sign away their womb fresh babies!

Michigans Crack whore birth mother adoption plan by bethany

It’s too hard to find those crack whore birth mothers once they get out of the hospital! Waaaa! The adoptive parents might have to wait too long.. waaaa.  Though the line about “limiting Bethany’s ability to assure that birthmother’s make an informed decision” is pretty damn funny! I wonder if she meant to be facetious like that?

But wait, it gets even better!

Now imagine, our mom does sign off at the hospital with her adoption counselor and  hospital room mate as witnesses. And then, after the 3 days she does change her mind and try to revoke consent, guess what provisions are in the new law for that? Ready? I’m on the bill text, page 12.

IF THE PARENT EXECUTING THE REVOCATION IS AN UNEMANCIPATED MINOR, THE REVOCATION  IS NOT VALID UNLESS IT IS ALSO SIGNED IN THE PRESENCE OF THE  WITNESS BY A PARENT OR GUARDIAN OF THAT UNEMANCIPATED MINOR PARENT.

Now the only reason I am not completely freaking out is that currently in Michigan, a minor CANNOT relinquished without parental consent. Mom and Dad have to approve if you give your baby and if you can get your baby back.

Now all the other bits about how horrible the bill was before still stand, but what I really like (and when I mean like I mean HATE) is this part and again, we are looking at when a birth parent revokes their consent, what happens.

Basically The Judge Gets to Decide if ANY Adoption Can be Revoked by Looking at EVERYTHING

There is a hearing and the judge gets to decide if the baby goes back with the biological parents: :

IF A PARENT OR GUARDIAN IS SEEKING REVOCATION  OF AN OUT-OF-COURT RELEASE, THE COURT SHALL DETERMINE IF THE PARENT OR GUARDIAN SEEKING REVOCATION IS FIT AND IMMEDIATELY ABLE TO PROPERLY CARE FOR THE CHILD IF THE COURT RETURNED THE CHILD TO THE PARENT OR GUARDIAN. IF THE COURT DETERMINES THAT THE PARENT OR 5 GUARDIAN IS NOT FIT AND IMMEDIATELY ABLE TO PROPERLY CARE FOR THE CHILD, THE COURT SHALL DENY THE REVOCATION. IF THE COURT FINDS THAT THE PARENT OR GUARDIAN IS FIT AND IMMEDIATELY ABLE TO PROPERLY CARE FOR THE CHILD, THE COURT SHALL DETERMINE THE BEST INTEREST OF THE  CHILD. THE “BEST INTEREST OF THE CHILD” MEANS THE SUM TOTAL OF THE FOLLOWING FACTORS TO BE CONSIDERED, EVALUATED, AND DETERMINED BY THE COURT:

(A) THE CHILD’S AGE AND LENGTH OF TIME THE PARENT OR GUARDIAN SEEKING REVOCATION HAS HAD PHYSICAL CUSTODY OF THE CHILD SO THAT SIGNIFICANT LOVE, AFFECTION, AND OTHER EMOTIONAL TIES EXIST BETWEEN THE PARENT OR GUARDIAN AND THE CHILD AND WHETHER DURING THAT TIME THE CHILD HAS LIVED IN A STABLE, SATISFACTORY ENVIRONMENT.

Umm hello? They relinquished at 24 hours so explain  the meaning of significant love and affection can be determined by the court within a 5 day old baby?

(B) THE CAPACITY AND DISPOSITION BETWEEN THE PROSPECTIVE ADOPTING INDIVIDUAL OR INDIVIDUALS AND THE PARENT OR GUARDIAN SEEKING REVOCATION TO GIVE THE CHILD LOVE, AFFECTION, AND GUIDANCE, AND TO EDUCATE AND CREATE A MILIEU THAT FOSTERS THE CHILD’S RELIGION, RACIAL IDENTITY, AND CULTURE.

So now they are clearly pitting the ability of the potential adoptive parents verses the birth parents?

(C) THE CAPACITY AND DISPOSITION BETWEEN THE PROSPECTIVE ADOPTING INDIVIDUAL OR INDIVIDUALS AND THE PARENT OR GUARDIAN SEEKING REVOCATION TO PROVIDE THE CHILD WITH FOOD, CLOTHING, EDUCATION, PERMANENCE, MEDICAL CARE OR OTHER REMEDIAL CARE RECOGNIZED AND PERMITTED UNDER THE STATE LAW IN PLACE OF MEDICAL  CARE, AND OTHER MATERIAL NEEDS.

Again.. the one with more wealth shall win the baby?

(D) THE PERMANENCE AS A FAMILY UNIT BETWEEN THE PROSPECTIVE ADOPTING INDIVIDUAL OR INDIVIDUALS AND THE PARENT OR GUARDIAN SEEKING REVOCATION.

And here we have the married establish couple favored over the often single mothers?

(E) THE MORAL FITNESS BETWEEN THE PROSPECTIVE ADOPTING INDIVIDUAL OR INDIVIDUALS AND THE PARENT OR GUARDIAN SEEKING REVOCATION.

“Moral fitness” ? Really?

(F) THE MENTAL AND PHYSICAL HEALTH BETWEEN THE PROSPECTIVE ADOPTING INDIVIDUAL OR INDIVIDUALS AND THE PARENT OR GUARDIAN SEEKING REVOCATION.

I wonder if infertility is counted as being “un” fit? Nah.. I bet that works in their favor too.

(G) THE HOME, SCHOOL, AND COMMUNITY RECORD OF THE CHILD.

Yes, please check that baby’s permanent record. Were you late for your own birth? That might be held against your birth parents in Michigan.

(H) THE CHILD’S REASONABLE PREFERENCE, IF THE CHILD IS 12 YEARS OF AGE OR LESS AND IF THE COURT CONSIDERS THE CHILD TO BE OF SUFFICIENT AGE TO EXPRESS A PREFERENCE.

OK, fine . Nice to see that the actual adoptee gets an opinion if over 12. Too bad they don’t ask about sealing the OBC there.

(I) THE ABILITY AND WILLINGNESS OF THE PROSPECTIVE ADOPTING INDIVIDUAL OR INDIVIDUALS TO ADOPT THE CHILD’S SIBLINGS.

Oh two fers! BOGO BABY time! Get one baby, you get the whole family? Are later unborn children included??

(J) ANY OTHER FACTOR CONSIDERED BY THE COURT TO BE RELEVANT TO A PARTICULAR PROSPECTIVE ADOPTIVE PLACEMENT OR TO A REVOCATION OF AN OUT-OF-COURT RELEASE.

Oh and anything else they might deem fit? Like who has the better car? Who has more friends who socially interact with the judge? Which parties lawyer happens to be in the same country club as the judge or who happened to clerk for the judge in law school?

OMG Michigan We are Not Idiots

The simple fact that a mother or father has no  real right to revoke their consent to adoption  is complete and utter bull crap and saying that this joke of a bill somehow “strengthens the rights of birthmothers is so insane and so convoluted that I can barley type because all I can do is sputter in disbelief and disdain.

So, as it is on to the Senate now, please pick three Michigan State Senators and send them letters about why this bill is a joke and they are selling out to the adoption industry. I mean, fine if they want to make Bethany happy, then just say that and do it. Don’t pretend that they are doing it to protect the rights of birth parents. Just set up breeder farms and call it a day.

Here’s the link to the Senators.  Bonus point is you do more than three.

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About the Author

Claudia Corrigan DArcy
Claudia Corrigan D’Arcy has been online and involved in the adoption community since early in 2001. Blogging since 2005, her website Musings of the Lame has become a much needed road map for many mothers who relinquished, adoptees who long to be heard, and adoptive parents who seek understanding. She is also an activist and avid supporter of Adoptee Rights and fights for nationwide birth certificate access for all adoptees with the Adoptee Rights Coalition. Besides here on Musings of the Lame, her writings on adoption issue have been published in The New York Times, BlogHer, Divine Caroline, Adoption Today Magazine, Adoption Constellation Magazine, Adopt-a-tude.com, Lost Mothers, Grown in my Heart, Adoption Voice Magazine, and many others. She has been interviewed by Dan Rather, Montel Williams and appeared on Huffington Post regarding adoption as well as presented at various adoption conferences, other radio and print interviews over the years. She resides in New York’s Hudson Valley with her husband, Rye, children, and various pets.

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