What Is a Putative Birth Father Registry?

 

 

If you have researched domestic infant adoption, you may have heard the terms putative father, putative father registry or birth father registry.  A putative father is a man who is believed to be the biological father of a child when he is not married to the mother at the time of birth.  Unfortunately these men are only known to adoption agencies or attorneys if the birth mother names them.  If the birthmother is unwilling or unable to identify the father of her child, it is impossible to locate him.  As such, this gentleman may not be informed of the child’s birth or the potential adoption process.  In some cases, he may not even know that he has fathered a child.  States are faced with the question of how to protect the parental rights of these men.  A man has the right to know he has fathered a child and the right to choose to parent the child if he desires and is able, just as the birth mother has the right to do so.

 

Each state has its own law on how to proceed with an adoption involving a putative father.  Some states require a man to support the birthmother and be involved in her life during the pregnancy to establish his parental rights.  Generally a set period of time has to pass after the birth of the child without any supportive action from the putative father for a court to proceed with terminating his parental rights.  If a birthfather is unknown, there can be increased legal risk for the adoptive placement.  When a gentleman becomes aware of his child after being placed for adoption, a long legal battle can ensue with possible disruption after a child has attached to their adoptive parents.  The case of baby Jessica [1993], removed from her adoptive parents at the age of 2 years to be placed with her biological father, is an example of this.

 

Many states have responded to this ethical dilemma by using putative birth father registries, which require a man to register if he believes he has fathered a child and would like to assert his parental rights.  Currently over 30 states have such registries and each operates slightly differently.    There is generally a limited time period for him to register after the birth of his potential child.  Registration commonly includes providing his name, verifiable identifying information, location and contact information, as well as any information he has for the woman with whom he was intimate, including approximate date.  During an adoption process, an adoption agency or attorney checks the registry for matches to the birthmother making the adoption plan.  If a match is found, the man is then notified of the birth and the adoption proceedings.  If he does not respond, his parental rights can be terminated along with the birthmother’s so the adoption may proceed.

 

One of the limitations of the current system is that each state operates their putative father registry separately.  If a child is conceived in one state but born in another, a man may not know to register in both states.  It is entirely possible for a child to be born outside of the state where the man is registered and he is therefore never notified.  The Permanency for Children Act of 2017 (HR 3092) proposes a national putative father registry to prevent such issues, assisting states in locating putative fathers in other states.  This bi-partisan bill proposes expanding the use of the Federal Parent Locator Service to cooperate with state systems and cross-reference to exchange information.  The FPLS is currently used to establish paternity and locate parents specifically for child support obligations.  This framework and system is a logical starting point for national cooperation and oversight of a federal putative father system.

 

If you would like to learn more, I encourage you to do the following:

 

  1. Read Mary Beck’s scholarly article “Toward a National Putative Father Registry Database
  2. Review this fact sheet from the National Council for Adoption on the Permanency for Children Act of 2017
  3. Personally call your representative and ask them to support this bill

Is Egg Freezing the Only Solution?

Egg freezing may be used to preserve future fertility for women. Mature oocytes (eggs) are harvested from a woman’s ovaries, flash-frozen (vitrified), stored, and are later thawed to create embryos using in vitro fertilization Recently, we came across a very informative video series in which a 29 year old woman records her egg freezing experience.

It has only been recently that researchers have become more confident in successfully freezing human eggs. More women are considering it for a number of reasons:

  1. Cancer or other medical treatments: Certain medical treatments — such as radiation or chemotherapy — can harm egg numbers and quality. Egg freezing allows women to potentially have biological children in the future.
  2. IVF: After an egg retrieval cycle, some of the eggs may be fertilized for a current pregnancy attempt and other eggs may be stored for future pregnancy attempts. Embryos are created on an as-needed basis.
  3. Fertility Preservation: A woman may choose to freeze her eggs when she is young, unmarried, and just beginning her career. Then when she is ready to begin having children, eggs will be thawed, fertilized, and transferred.

The last reason is becoming more popular. One of the most important factors in successful egg freezing is the age of the woman. Egg quality declines as women age, so the earlier they are frozen, the more likely the eggs will survive the freezing and thawing process.

But is the process, expense, time, and risk involved worth it?

Egg freezing is costly, both financially and emotionally. Each egg retrieval cycle takes several months and some women may have to complete more than one retrieval in order to secure enough eggs for future use. The procedure to harvest eggs from the ovaries costs about $10,000, which does not include the cost of the medication and hormone injections the woman has to take for several weeks to stimulate her ovaries. After the embryos are frozen, there is an annual storage bill, averaging $600.00 a year. And when the eggs are thawed, fertilized, and transferred to the uterus through an IVF cycle, the cost ranges from $5,000 – $12,000.

Of course, there is no guarantee a woman will be able to have genetic children in the future if they freeze eggs now.

Are there other options?

Yes! There is another successful option for achieving a pregnancy in the future without incurring the expense of egg freezing. It is called embryo adoption. Embryos that have already been created IVF cycles are made available to for adoption. The adopting family uses the embryos to achieve a pregnancy and give birth. There is no expense for egg retrieval. No painful procedures. It’s affordable. It’s proven successful.

Anyone considering freezing their eggs should be aware of this option for future pregnancies. To learn more about embryo adoption, visit www.Snowflakes.org.

Sensory Processing Disorder: Why Does My Child Struggle With Sensory Issues?

 

I was greeted at the door by a mom and her two year old newly adopted son dressed in a very cute sailor outfit. However, by the time we walked about ten feet into the kitchen and sat down, the child was naked and flooding the bathroom! Although at first glance, one might assume this child had ADHD, when in fact he had a Sensory Processing Disorder. What this mom learned very quickly, is that therapy and the use of some accessible activities can really help calm the senses of children dealing with sensory integration disorder.

Sensory processing disorder (or SPD) is also known as Sensory Integration Disorder—a condition where the individual struggles to process or have appropriate responses to the demands of their environment. Basically a ‘sensory overload’ where the brain becomes overwhelmed with smells, sounds, sights, textures, temperature and other sensory input—affecting a child’s social skills and behavior.

If you have concerns about your child having these issues, speak with your pediatrician. Your child might benefit from a referral to an occupational therapist. They are trained to evaluate and develop a plan of care or interventions that can be helpful for your child.

Occupational therapists refer to a ‘sensory diet’—activities that are sensory based and help the child to calm down. It might be helpful to keep a diary of your child’s behavior as that will help the professionals identify issues of stress and possible interventions. Be aware of activities or situations that cause your child to go into sensory overload. Avoid them or have ‘escape’ plans with your child, so that your child feels more in control of the situation.

Here is a list of some of the activities or interventions used as part of the treatment for SPD.

  1. Miniature trampoline – jumping can actually help the brain settle down.
  2. Sandbox with Measuring cups and items hidden in the sand to find.
  3. Packing plastic that can be rubbed on the child, or popped.
  4. Weighted blanket – cover the anxious child in a weighted blanket
  5. Weighted vest – sew weights into the pockets
  6. Bubble gum – chewing will help to calm the senses.

Addition Resources:

Websites:

Books:

What To Do If Your Agency Loses Accreditation

 

 

Today, six Hague accredited agencies lost their accreditation to do international adoption.  In the first 3 months of 2018, eleven agencies (representing 7% of all Hague accredited adoption agencies) have lost their accreditation.  In light of this alarming trend, we wanted to give some insight and advice to people who find themselves in this difficult situation.

First, be aware of what a “case transfer plan” means.  When agencies have their accreditation revoked, refused, or expired, the State Department always sends an email to prospective adoptive parents stating,

“When an agency’s or person’s accreditation or approval expires, they are responsible for transferring cases and records.  Families working with [the agency] should contact the agency directly with questions about case or record transfer. We also encourage families to review the information published by the Council on Accreditation about selecting a primary provider/adoption service provider and the accreditation/approval requirements.  The Department of State does not review or approve case transfer plans and has a limited role in their execution. We do, however, communicate with foreign Central Authorities and competent adoption authorities about the accreditation status of agencies and persons and case transfer plans, as needed.”

It is important to note that the case transfer plan does not mean any agency is required to accept your case. Agencies are becoming more reluctant to take client cases from other agencies, even when they have a case transfer plan in place.  There is fear that if the prior agency had any difficulty supervising cases, and this led to the loss of accreditation, then the new agency may have similar problems with supervision of the case.  Your agency will want to know the following information before agreeing to take your case:

  1. Are you matched with a child?
  2. What circumstances led to that child being orphaned?
  3. Can you give a copy of the official referral?
  4. What type of investigation, done by whom, has substantiated the child’s orphan status?

Unfortunately, it is unlikely that any of the money you have paid will transfer to any other agency.  Our agency has acquired the files and cases of dozens of agencies, and we have never received a penny from other agencies as a result of a case transfer plan.

But the arrangement of a case transfer plan does indicate that another agency has communicated with your agency, and expressed a willingness to review your case and consider taking you as a client.  So the agency with the case transfer plan should be your first choice in your effort to continue your adoption plan.

Second, you are entitled to a refund for post adoption report fees that you may have pre-paid.  But you are probably not entitled to a refund for any other fees.  Adoption fees are generally billed when services are rendered, and are not held in trust, nor are they refundable.  But if your agency required you to pay for post adoption reports which have not been completed, you are entitled to a refund for those fees.

Third, you may be able to receive a courtesy fee waiver from your new agency.  Although this is not a requirement, agencies often try to mitigate the difficulty of having your agency lose accreditation by offering to let you come into their program at the same fee-phase where you currently are at.

Fourth, you are likely to need an answer for “why” this is happening.  It is a complicated question with several answers, and therefore it is difficult to channel the blame in any one direction.  International adoptions have been on the decline since 2004 and agencies which have not diversified to offer many types of services are finding it difficult to stay in business.  With the projected 300% increase in the cost of accreditation for agencies under IAAME, many agencies who have already been operating in the red for several years in a row cannot envision a viable future under the new accrediting entity. Sometimes agencies lose accreditation due to alleged violation of specific Hague standards.  Agencies can fight those allegations in court, but since they are ultimately fighting the Department of State (through the accrediting entity), is often more realistic to just forfeit accreditation.

Fifth, there is a difference between losing accreditation and going out of business.  It is possible that your agency will allow you to switch to another adoption program besides international.  For instance, they may allow you to switch to domestic, foster, or embryo adoption.  As a courtesy, they may even offer to waive part or all of the fees as a result of this change.

Finally, although the word “journey” is often associated with adoption because the experience can be difficult, long, and frustrating, it’s helpful to recognize that many people have been on the same journey with many detours but ultimately God put together the family that they had dreamed.  My wife and I accepted the referral of two girls who then changed their minds and decided to stay in permanent foster care.  Next we accepted the referral of a girl who was placed with a distant relative instead.  We were sad and frustrated, but we knew God placed adoption on our hearts and He had a child in mind for us.  We later adopted a girl from a different country than we had originally intended.  While we know God doesn’t cause bad things to happen on purpose, we do know that God works all things together for good (Romans 8:28).

If you would like more information on the current crisis in inter-country adoption policy please see www.SaveAdoptions.org.  There you can see several articles about the events that have led to the rapid decline in the number of adoption agencies and adoptions, as well as sign a petition asking the White House to address this issue.

Daniel Nehrbass, Ph.D. | President

Part 2: Salem Family Answers Common Embryo Adoption Questions

It’s January 2015, and for Adéye Salem, that means she’s less than a month away from the frozen embryo transfer that she and her husband have been preparing months for.

Adéye recently braved the cold weather and made another video to answer your questions about embryo adoption. In this video, she answers questions about their decision to adopt embryos through open adoption, as well as what their plans are if no babies are born from the process.

Check out the video below:

Learn more about Salem Family’s journey and the challenges that they’ve faced on the Embryo Adoption Awareness Center’s blog!

Part 1: Salem Family Answers Common Embryo Adoption Questions

Adeye and AnthonyAnthony and Adéye Salem are working on a series of videos to answer your questions about embryo adoption. In the first video, they answer questions about:
Age – Are they too old for embryo adoption?
Success Rate – Why did they choose embryos that have a 20-30% chance at life?
Family Size – How they manage life with nine children, and how will they do it with even more children?
Medication – What kinds of medication will Adéye have to take leading up to the FET?

See the full video and watch for their shout out to Snowflakes®:

As their mid-January Frozen Embryo Transfer nears, the couple will release more videos to answer your questions. Visit Adéye’s blog and leave questions in the comments for their upcoming videos!