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.


  • 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 Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.