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Court reverses interstate surrogate adoption

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The Indiana Supreme Court reversed an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indianapolis, ruling the Indiana trial court failed to comply with the Interstate Compact on the Placement of Children.

In the case In the matter of the adoption of Infants H.; Marion County Division of Indiana Department of Child Services v. Stephen, No. 29S02-0904-CV-140, Stephen filed a petition for adoption of twin girls born in Indianapolis to a woman from South Carolina using donor sperm and eggs. The twins were released to Stephen by the trial court in Hamilton County pending a final hearing and waived the statutory requirement of prior written approval of a licensed placement agency or the Marion County Office of Family and Children, now the Department of Children.

Later, it was discovered that Stephen wasn't a resident of Indiana but was living and working in New Jersey. Stephen initially claimed the twins were biracial and hard to place, but they were not; he later said they were hard to place because they were a sibling group. Adoptions to non-Indiana residents can be approved for statutorily defined "hard to place" children.

The Department of Children became involved in the case when hospital workers called the organization after Stephen visited the hospital with a pet bird and had bird feces on his coat and seemed unconcerned about potential health risks. Marion Superior Court ordered the twins as children in need of services and placed them in the custody of DCS. It was after the CHINS investigation that Stephen claimed the twins were hard to place.

The trial court ordered at a final hearing a six-month period of supervision of the placement of the twins with Stephen, entered a final decree of adoption, dismissed the CHINS case, and ruled consent to adoption by the DCS wasn't required.

The justices decided to leave open the residency question and instead looked at three other issues in the case.

Hamilton County wasn't the proper venue for this adoption hearing as Stephen, the children, nor the placing agency were living or located in Hamilton County. In situations such as this case, the adoption court should transfer the matter to the county where the children are located, wrote Chief Justice Randall T. Shepard.

The adoption court also erred by dispensing, solely on Stephen's request, DCS's statutory role to provide prior written approval of the adoption before DCS even knew about the adoption. DCS only learned of the adoption because of the CHINS proceeding.

Finally, the adoption court failed to completely comply with the Interstate Compact on the Placement of Children, which is used when children are sent to live with adoptive parents in another state. There are certain conditions for the placement of children set forth in the compact which are designed to provide complete and accurate information regarding the children and their adoptive parents. Indiana's central Compact office contacted New Jersey's Compact office to evaluate Stephen's suitability as an adoptive parent, but he declined to participate saying he was an Indiana resident. There is also nothing in the record that a New Jersey home study was sent to the adoption court saying the adoption would or wouldn't be in the best interest of the children, wrote the chief justice.

Indiana retains jurisdiction over the twins because of the compact, wrote Chief Justice Shepard. The final order of adoption is reversed for want of compliance with the compact and remanded with direction to comply with it and thereafter issue a further judgment accordingly. The order granting Stephen preliminary custody remains in effect pending completion of this directive and any eventual orders the trial court may enter.

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  • Confidential Intermediary
    I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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