The Catch-22 of Child Care

ChildcareA recent article in the New York Times details the high cost of child care in the United States. Writer Alissa Quart cites research by sociologist Joya Misra, who argues that women with children are not approaching pay equity with men largely because working may not make economic sense given the high cost of child care. Yet if women drop out of the job market when their children are young, re-entering the job market may entail reduced pay and job responsibilities. A classic Catch-22. There has been much discussion in the past about how difficult it is for poor and working class women to obtain reliable, affordable child care, but this new article focuses on the fact that middle and even upper middle class women are also being priced out of the market for safe, high-quality child care. The author interviews several women in good jobs who struggle to pay for decent child care while still retaining enough income to pay for rent and other necessities. While it may be difficult to feel sorry for the plight of working mothers who are earning $40,000 per year or more, the take-away question from the article is this: if such educated and relatively privileged women cannot easily afford decent child care, what are people of average means supposed to do? The author concludes that the United States needs the same kind of high quality, government-subsidized day care that many other developed countries offer.

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Enforcing Surrogacy Agreements in Wisconsin

scan2Let’s say you are part of a married couple in Wisconsin. Due to a leukemia diagnosis and treatment for that disease, your eggs are no longer viable. Doctors agree that you are currently in good health and the disease is “a nonissue,” but your husband and you want children and you cannot bear them. A friend has offered to help you out. This woman has been your friend since grade school; you’ve each participated in the other’s wedding.  You and your husband are godparents to her youngest daughter. Your friend and her husband have five children of their own and have said they are done expanding their family. Her husband even had a vasectomy. Twice in four years she has offered to carry and bear a child for you.  Finally, you agree.

You and your husband visit a lawyer, and your friend and her husband visit a different lawyer.  The gist of the arrangement is that your friend will be artificially inseminated with your husband’s sperm. She will carry and bear the child, but she agrees that you and your husband alone would raise the child and she agrees to terminate her parental rights to allow you to adopt the child.  She would still be able to see the child; after all, you have long been friends and you plan to continue to see each other through social visits. You’re a bit concerned, though, that your friend may have difficulty giving up a child to whom she has biological ties, but she assures you she can do it. Your lawyers create numerous drafts of your agreement and each revises these drafts until finally all of you agree that what is written accurately reflects your understanding of the arrangement.  You all sign this agreement in November.  By this time, your friend is already almost five months’ pregnant.  She is due the following March.

After all of you sign the agreement, your relationship with your friend crumbles, and before the child is born your friend informs you that she will no longer terminate her parental rights to the child, as she had agreed.  Furthermore, she wants to have custody of the child.  In March, she gives birth to the baby.

Now what?

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Adopting Veronica

Recently I wrote about the U.S. Supreme Court decision in which the Court declared that a Native American father was not covered by the Indian Child Welfare Act’s procedures for TPR because he had abandoned the child before her birth, and the Court stated that ICWA only protects existing families and their relationships. SCOTUS remanded the case to the South Carolina courts to decide the future custody of the child. Last week, the South Carolina Supreme Court found that the couple seeking to adopt Baby Girl – named Veronica – was the only party properly seeking her adoption, and ordered the Family Court to finalize the adoption.

So what happens now? It appears that Veronica will be transferred almost immediately, which is somewhat unusual. Normally, a court would hold a hearing to determine the best interests of the child, and might gradually re-introduce the child to her adoptive parents since, after two years in Oklahoma with her birth father, little Veronica might not feel comfortable moving back into the Capobianco home in South Carolina. In addition, under so-called “grandparent visitation” statutes, the birth father might be awarded some visitation rights. But here, where the adoptive parents and the biological father have fought bitterly for almost Veronica’s whole life (and where they live half a continent away from each other), shared custody might not be a viable option.

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