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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. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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