Day 5 of Adoption Activism; NAAM2013- Help Bring Hailey Home

Day 5 of Adoption Activism; NAAM2013- HelpBring Hailey Home

Please Support Hailey and Anthony

5.	Day 5 of Adoption Activism; NAAM2013- HelpBring Hailey HomeHailey was given up for adoption at birth without her father’s consent. Her father, Anthony, has been fighting for her even before her birth. After years of battling with Placer County, CA courts to no avail, he appealed his case. The higher court issued a blistering response informing them of their errors and remanding the case back to the lower courts with orders for custody and visitation. Placer County continues to thumb their nose at the higher courts ruling and disregard Anthony’s parental rights.

This case involves an unethical adoption attempt that was taken to the California Appellate Court. The adoption bid failed with the April 2012 Appeals Court decision – Anthony’s daughter is not even eligible for adoption. This happened over a year ago. In response to to appeals Court decision, the failed PAP immediately filed for “Legal Guardianship” of Hailey. Anthony’s daughter remains in the failed PAP’s possession as the Guardianship case drags on indefinitely…with no end in sight. Hailey is now 3.5 years old.

Hailey and Anthony’s Story

Hailey was given up for adoption at birth without her father's consent.Long before Hailey was born, Anthony sought to establish his parental rights by filing and serving a Petition to Establish Parental Relationship/DNA test. Nevertheless, bio-mother arranged for and offered his child at birth for adoption without his knowledge or consent.

When the bio-mother ceased contact with him about three months pre-birth, she contacted an agency and selected prospective adoptive parents. The bio-mother knew that Anthony would not consent to adoption, wished to raise his own child, and she disclosed this fact to the agency and the pre-adoptive parents.

Hailey was born on January 1, 2010. It is believed that Anthony was hospital-designated as “do not allow contact/information”. His daughter was whisked from the hospital and taken into the home of the prospective adoptive parents.

A Termination of Parental Rights/Petition for Adoption trial followed soon after the PAPs took his daughter. It is BHH’s understanding that he was granted visitation. In May 2011, Anthony was found to be a “Kelsey S.” presumed father but somehow “unfit” to raise his daughter. He was “TPR’ed” (Termination of Parental Rights) on this basis. His visitation apparently ceased as the trial court gave the “green-light” for the adoption to move forward.

Case Appealed; No Adoption, Just Limbo

Anthony promptly appealed the trial court’s decision. On April 24, 2012, the appellate court reversed the TPR, declared that the trial court had abused its discretion and clearly erred when it deemed him “unfit”, and again affirmed his “Kelsey S.” status. The appeals court ordered the trial court to reinstate his visitation as quickly as possible while custody was decided on remand. With this decision, the adoption failed as his consent was needed to proceed.

The apparently now-single failed PAP filed a new case in a new court for legal guardianship of his daughter six days later, putting forth the argument that it would be detrimental to Hailey to remove her from the “only home she’s ever known”, even though his visitation was reinstated and Anthony and Hailey’s bonding had never ceased.

What has followed seems to be more delays and stalling while the failed PAP-turned-potential-legal-guardian keeps Anthony’s daughter in her primary possession. Hailey remains in the home of a woman of no relation. She enjoys regular visitation with her daddy for 8 hrs. a week…all that the courts will allow. The woman with whom Hailey lives denies any more contact than that for fear their bond may strengthen. Anthony gets Hailey 16 hours a week.We understand that, as of September 2013, the guardianship case continues.

Due to mounting legal bills and an almost 3 yr. battle in the court system, Anthony needs your support. Without support, all of the work he’s done to this point will have been for nothing.

How to Help This Father

Please ‘like’ the  page, spread the word and donate if you can!

https://rally.org/bringhaileyhome

The Facebook Page: https://www.facebook.com/BringHaileyHome

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.