Unplanned Pregnancy, Expectant Parent Blog - Legal scholar writes about obtaining consents

Crisis Pregnancy Blog

04/20/06

Legal scholar writes about obtaining consents

Posted by : Heather Lowe in Crisis Pregnancy Blog at 02:28 pm , 344 words, 73 views
Categories: Resources and Reviews, Internet resources

Whooo-hoo!

A respected legal journal has addressed the issue of just how terrible most states' laws really are when it comes to obtaining surrender consents from brand new mothers. (Not sure what I'm talking about? Well, adoption laws are different in every state, and some states take advantage of relinquishing mothers by attempting to get their signatures as soon as possible after birth, and by making the rushed decision an irreversible one.)

Ethical states don't do it that way. Ethical state laws have the mother signing away her rights in a courtroom, not a hospital bed. Good laws also give a new mother at least some period of time during which to change her mind.

Now someone's writing about that very topic. In the Winter 2005 issue of the Tennessee Law Review, law professor Elizabeth Samuels has published "Time To Decide? The Laws Governing Mothers' Consents to the Adoption of Their Newborn Infants."

So far I have only read the abstract (available here) but you can bet I've ordered the issue itself, so I can read the entire 63-page article and find out more about what Samuels has learned. I'm especially excited about finally having a list of which states do things right, and which do not.

From the abstract, I particularly like this quote:

"Most state laws, in contrast to the laws of many other countries, provide that consent may be given and become irrevocable almost immediately after the child's birth. Under the laws in more than half the states, irrevocable consent can be established in fewer than four days. The Article concludes that the laws of most states do not sufficiently promote mothers' deliberate decisionmaking. It recommends laws that make it more likely mothers will be offered skilled, unbiased counseling; will receive clear, complete information; and will have adequate time to decide."

SPONSOR

for California

YES.

This makes my day. I am so glad that legal scholars are talking about consent times, which are actually headed in the wrong direction and getting ever shorter. This is one of the most serious ethical issues in adoption today.

5 comments

Comments, Pingbacks:

Comment from: Heather [Member]

I agree that there should be consistency across states. Here in Wisconsin we have excellent adoption laws. Both of our birthmoms TPRed in court after the birth (5 and 9 weeks respectively in our cases).

During our second adoption we learned that there was a trend to not even have bparents sign the initial request for a court date until a couple of weeks after the birth - no paperwork in the hospital at all. Babies are then placed in infant short term foster care where bparents can visit regularly (often adoptive families are visting as well).

As an adoptive family, this can set the stage for alot of disappointment - there is a lot of nail biting waiting for the court date.

But the good thing is that once the court date comes, we bring home the baby and it's done. I have heard of some adoptions where aparents were able to bring the baby home from the hospital and then bparents change their mind and they remove the baby from the aparents home. That would be my worst nightmare.

Actually, when the adoption process is set up like it is here in Wisconsin I think it protects both birth and adoptive parents.

Permalink 04/20/06 @ 18:07

Comment from: udn2k [Member]

Yes indeed!

Woohoo is right!

Amazing. Now can we get together a letter writing campaign and send this article to every legislator, press office, adoption advocacy group, etc in the US?

Crystal

Permalink 04/20/06 @ 19:01

Comment from: Heather Lowe [Member]

· http://unplanned-pregnancy.adoptionblogs.com/

Heather,

Wisconsin sounds excellent! That's the way it should be done.

- Heather

Permalink 04/21/06 @ 05:23

Comment from: HeatherRainbow [Member]

I signed post dated documents right after I had given birth, under a ton of meds that the doctor prescribed, in the hospital, with no revocation of consent (had no idea of what this was even). This was in Florida. One of the worst adoption states.

Permalink 04/25/06 @ 21:59

Comment from: Heather Lowe [Member]

· http://unplanned-pregnancy.adoptionblogs.com/

HeatherRainbow-

Yep. Sounds familiar.

I signed in SC, another of the worst states.

Samuels' article lists out which states have ethical laws and which don't, but it's complicated. (States which are good in one area often fall down in another.)

Very few pregnant woman are going to have the time and the research resources to find out everything they need to know.

- Heather

Permalink 04/26/06 @ 08:09

Leave a Comment: You need to login to leave comments.:

Login | Register