ILNews

Court reverses interstate surrogate adoption

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

  • 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.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

ADVERTISEMENT