Wisconsin Assembly Responds to “Child Exchange”

Adoption is intended to create lifelong parent-child relationships, and irrevocable parental obligations, no matter the challenges the newly-formed family might face in integrating an adopted son or daughter. However, in a tragic number of cases, parents decide not to keep the adopted child. Perhaps the highest-profile failed adoption in recent years was that of Artyem Savaliev/Justin Hansen, a seven year old Russian adoptee who in 2010 was put on a flight to Moscow by his Tennessee adoptive mother with a note explaining why she no longer wanted him. The case sparked concern and outrage in both Russia and the US.

Post-adoption family breakdowns are occurring in other less visible ways, including in Wisconsin. Last fall, Reuters published a five-part expose on “private re-homing,” a euphemistic term for advertising one’s unwanted adopted children on the Internet in order to find them a new home. This allows the parents of international and domestic adoptees to effectively, and beyond the supervision of child safety networks, pass off their parental obligations to strangers.

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The Gender Binary

Gender_signsWestern society has traditionally assumed a gender binary, classifying sex and gender as “male” or “female.” This binary is reflected in many aspects of our legal system. However in recent decades, the gender binary, and related assumptions about the fixed nature and unambiguous meaning of sex and gender, has been challenged by transsexual, transgendered and intersex people seeking legal recognition of their sex and/or gender identity and protection from discrimination based thereon.

In the US, the majority of states now permit alteration of sex on birth certificates for transsexual persons (whether sex-reassignment surgery is required varies from state to state), although a handful of states still take a “fixed from birth” approach to legal sex. The legal landscape in relation to marriage for transsexual people is similarly inconsistent and in flux.

Challenging the fixed nature of sex/gender is an important development, but in most jurisdictions, the gender binary has been kept legally intact. More recently, some jurisdictions are grappling with the question of “other-gendered” and “other-sexed” persons (the terms are not synonymous – the Norrie case, below, was framed as an issue of biological sex, not gender identity.) The issue has come to a head in Australia, where special leave to appeal to the High Court has been granted in a case involving a person who wishes to be recognized as legally genderless.

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Desperately Seeking Re-Homing

Child adoptions in the United States may be legally arranged through state or private agencies, or through individual contacts between would-be adoptive parents and birth mothers. In any of these situations, state laws require court hearings and extensive psychological screening of the child and the prospective adoptive parents to determine (among other things) whether the child is in fact available for adoption and whether the prospective parents are safe, competent, and suitable for that child. Once an adoption order is entered, the child is the child of the adoptive parents for all purposes, just as if she had been born to them.

What would happen if such safeguards were not in place? Unfortunately, we now have a glimpse of what might happen to children in an unregulated adoption market, and it is chilling. A Reuters investigation, published in part by the Milwaukee Journal-Sentinel (to read part one,  click here ), reveals that for at least the past 5 years, there has been a thriving Internet market in private re-homing of previously adopted children. Adopted children with severe physical or emotional problems that overwhelmed their adoptive parents were sometimes placed with strangers who, via Internet chat groups, promised to give the kids a new home. However, without those time-consuming home visits, interviews and psychological evaluations, the parents placing the children had no real clue what would happen to their kids once the new “parents” took over. Nor did some of them seem to care, so desperate were they to unload those troubled adoptees.

Let me say here that many of these kids were indeed very troubled by any standard. Most (but not all) were adopted from foreign countries such as Russia or China, where they may have suffered from mistreatment by their birth parents or neglect in overcrowded orphanages. Some of them had violent tendencies and attacked their new parents, new siblings, or new pets. Some engaged in property destruction, including disturbing behaviors like smearing feces on walls, sexual acting out, or substance abuse. Some may have reactive attachment disorder, which is the inability to form normal emotional attachments to other people, thought to be caused by trauma and extreme emotional deprivation early in life. The adoption agencies washed their hands of the children upon completion of the legal adoption and provided no remedial services. Most of the parents earn too much to qualify for poverty-based programs, and there aren’t enough of those anyway. Private counseling and treatment costs a king’s ransom. It is not hard to see why the parents became desperate, and turned (as many people do) to the Internet for factual information and emotional support.

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