The lie behind the question: Aren't those kids better off adopted?

Jane

Aren't kids better off adopted? That's the underlying argument of adoption apologists who feel the answer is an obvious yes. "Maybe mothers were misled about adoption or fathers were tricked by Utah's laws into losing their rights, but at the end of the day, aren't the kids better off with living in an intact family with more money who can give them better opportunities?"

Now that shame no longer propels young women to give their babies to strangers, the adoption industry relies on "better off" to acquire children. Mothers aren't giving up their babies; they are giving them more. American Adoptions, for example, claims that: "...birth mothers are choosing life for their child--a life complete with all of the hugs, laughter and lullabies that they desire for them.... Birth mothers place their babies into the arms of eternally grateful

Supreme Court rules against Indian father, limits Indian Child Welfare Act

Veronica at her father's home

 UPDATED BELOW

Showing a clear disdain for the rights of biological parents--and a preference for the legal rights of adoptive parents--the Supreme Court today voted 5-4 in favor of granting custody of a three-year-old girl with Native American blood to the non-Indian couple who had adopted her, Matt and Melanie Capobianco of South Carolina. Now the case will head back to South Carolina family courts, which will determine where she will live and who will raise her. The girl, named Veronica, has been living with her biological father, Dusten Brown, in Nowata, Oklahoma, since December of 2011, but spent the first 27 months of her life with the Capobiancos.

The decision in Adoptive Couple v. Baby Girl* is both bad policy and bad law. The Court, in overturning a decision of the South Carolina Supreme Court, held that the Indian Child Welfare Act (ICWA) did not prevent Matt and Melanie Capobianco from adopting Dusten Brown's daughter Veronica, because--although

A father's right to raise his own daughter hinges on 'Indian Act'

Lorraine

At least two influential newspapers this morning are urging that the Supreme Court return a little girl who has been living with her natural father for the past 15 months to her adoptive parents. We write about "Baby Veronica," the three-and-half year old girl the South Carolina family court returned to her biological father, Dusten Brown, after he contested her adoption. When Brown agreed to give up his rights of the child to the mother--also signing a notice of adoption which he says he did not understand--he was being shipped off to Iraq. He assumed, he says, that the girl's mother she was planning to raise her.

As soon as he learned that the girl was being put up for adoption, he began fighting to raise her. He has another child; no one doubts he is a good father.

Natural parents have the natural right to nurture their children

Declaration of Independence

This Fourth of July will again celebrate liberty, one of the unalienable, natural rights with which we are endowed by our creator as declared by a small group of men in Philadelphia 236 years ago. This Declaration gave rise to the greatest nation the world has ever known. Subsequently the authors of the United States Constitution declared through the Fifth and Fourteenth Amendments that liberty could not be taken away without due process of law, that is through fair procedures.

In a long series of cases, the United States Supreme Court has held that the right to liberty includes "the fundamental liberty interest of natural parents in the care, custody, and management of their child."

Bill of Rights

Nonetheless states  effectively abrogate this right through laws allowing natural parents to lose their children through procedures that are far from fair. States allow mothers to sign irrevocable consents to adoption, often within minutes of birth, or even worse, to sign consents before birth with only a short revocation period. States do not require any counseling for mothers about the effects of adoption on themselves or their children or about services which would help them nurture their children. States effectively deny fathers any process at all. Once children are adopted, most states deny them the right to know who their natural parents are.

On this Fourth of July, as we enjoy our hot dogs and beer and fireworks, let's dedicate ourselves to passing laws to protect parents' fundamental right to the care, custody, and management of their children and to the right of children to be raised by their human creators.

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"The right of parents to direct the upbringing of their children is among the 'unalienable rights' with which the Declaration of Independence proclaims all men...are endowed by their creator." United State Supreme Court Justice Antonin Scalia.

"The birth family constitutes the preferred means of providing family life for children." Child Welfare League of America.

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The Declaration of Independence
The United States Constitution

From FMF:
What We Think of Adoption

NOTA BENE:  I tried to fix the font of this post and ended up deleting some language. I've re-written it but unfortunately lost the original posting of the comments. We've reposted the comments, but of course the original time when they were posted has been lost and there are a few other idiosyncrasies you may see. Please excuse us lowly and lame bloggers.