Friday, January 20, 2012

Adoption Bill brainstorm...

I re-read the bill that former Rep. Mark Maddox wrote a few years ago.  It got pushed back and to be honest, I'm glad it did.  I think Maddox meant well, but he's not schooled in adoption and doesn't quite understand what needs to happen to make it a safer adoption world, not just for prospective adoptive parents, but for expectant women considering adoption and birth mothers who have already placed their children.  It needs to be a safe world where those families are brought together for the love of a child. 

Because adoption plan perimeters vary from state to state, there needs to be one law making it the same. 

For example:

This is a bill proposing nationwide perimeters on adoption plans involving a pregnant woman considering adoption and the prospective adoptive parent(s)
Prospective adoptive parents shall be responsible for living expenses as deemed necessary by the expectant mother's attorney or adoption agency for a period of 4 months pre birth and a period of 1 month proceeding birth of the child.
Women who have placed a baby for adoption shall have 5 business days after signing papers to reclaim the baby.
 
If the rules are the same, it thwarts scammers who know they can keep the same story and find couples that live in different states to work with, whether pregnant or not, thus maximizing their financial gain.
 
As far as having no law in which to hold scammers accountable is a travesty.  It's fraudulent.  It's emotional distress. It's unimaginable there is not one single law making it a crime.
 
In Maddox's bill, he wanted pregnant women who had followed through with the adoption plan and accepted funds, be responsible for giving the money back if she decides to keep the baby.  This is just without a doubt, hands down what should absolutely not be in any law.  This is taking away that mother's right to chose!  She may have planned on placing the baby the entire time but held her baby in the end and couldn't go through with it no matter how badly she feels about hurting the prospective parents.  She probably felt guilty for taking the money while pregnant and would give it back if she could.  Unfortunately for the adoptive family, they have just lost their baby.  They are devastated and know that the thousands of money they have given for the birth mom's living expenses are gone and they have pushed back trying again because they are out of money and their hearts are broken.  At least if the law in each state capped living expenses at 4 months pre birth and 1 month post birth everyone would know what to expect.  Expectant mothers would be given the extra help they need with living expenses deemed necessary through her attorney, thus alleviating some of their stress.  Prospective adoptive parents will know they have that financial responsibility, but it won't be as much money lost if the adoption falls through.  Perhaps they can re cooperate quicker financially and begin to rebuild their dream.
 
As an adoptive mother I have lost money on scams, paid living expenses once for 10 months and then again for another 5.  That doesn't include additional expenses involved like travel, attorneys, agencies, social workers, etc.  The absolute hardest time for me was the waiting time until I knew my babies were mine.  Kennedy's birth mom went before a judge 2 days after birth and immediately upon signing (in which he was tough on her in a good way) her rights were terminated.  Kingston's birth mom had 10 business days.  In both cases my worst fear was them wanting to reclaim their birth children.  I knew they had every right and they deserve that right, but how would I ever be able to give them up? I know how important it is, however, for mothers to have that time to cope with their decision and make sure they can live with it.  Kingston's birth mom knew that because our adoption plan was in the wake of the scam, I was terrified.  I couldn't help it.  She told me once she wanted her attorney to draw up papers waiving her right to a waiting period.  I absolutely refused.  There was no way I as going to be a part of something she could have regretted the rest of her life, nor was I going to have something for her to throw back into my face as if I had pushed her to do it.  Not a chance. During this waiting period,  think of the child.  He's already endured birth and needs his mother.  He's been depending on his adoptive mother and the longer that happens the more they bond and the less time the birth mother has had during that time. Therefore, I think a 5 business day waiting time is logical for the baby, birth mom and adoptive family.
 
This is what I came up with for the second bill making adoption scam a felony:
 
Adoption - Creates fraud offenses and a civil cause of action

in certain circumstances involving women posing as expectant mothers considering adoption or expectant mothers with no intent on placing the unborn child or promising the child to more than one family and prospective adoptive parents or families.





Under this bill, it would be a Class E felony for a woman to
represent herself to a prospective adoptive parent or family as
either:


(1) Representing herself as being pregnant when she knows she is not and making an adoption plan and/or accepting  funds from the family during the alleged pregnancy; or
(2) Accepting funds from and/or making an adoption plan with more than one family  during her pregnancy




In addition to probation, incarceration, or criminal fines,this bill
requires the sentencing court to sentence an offender to pay full
restitution to the parent or family for all the funds paid to the
offender by the parent or family during the pregnancy or alleged pregnancy. Offenders will also be required to pay restitution to the parent or family for personal expenses incurred.


This bill also authorizes a cause of action for a parent or family to
bring suit against a woman for the full restitution of all the funds
the parent or family paid to her during her pregnancy, if:




(1) The woman represents herself to a prospective parent or family as being pregnant when she knows she is not and accepts funds from the alleged pregnancy or follows an adoption plan of action.
(2)Throughout the pregnancy or alleged pregnancy, she accepts money  from more than one couple previous to birth with the promise of adopting the child

Any suggestions would be appreciated!