Unwed Fathers Fight for Babies Placed for Adoption by Mothers
>
> Unwed Fathers Fight for Babies Placed for Adoption by Mothers
>
> By TAMAR LEWIN
>
> Jeremiah Clayton Jones discovered that his former fiancée was pregnant
> just three weeks before the baby was due, when an adoption-agency lawyer
> called and asked if he would consent to have his baby adopted.
>
> "I said absolutely not," said Mr. Jones, a 23-year-old Arizona man who
> met his ex-fiancée at Pensacola Christian College in Florida. "It was an
> awkward moment, hearing for the first time that I would be a father, and
> then right away being told, 'We want to take your kid away.' But I knew
> that if I was having a baby, I wanted that baby."
>
> Mr. Jones has never seen his son, now 18 months old. Instead, he lost
> his parental rights because of his failure to file with a state registry
> for unwed fathers — something he learned of only after it was too late.
>
> Under Florida law, and that of other states, an unmarried father has no
> right to withhold consent for adoption unless he has registered with the
> state putative father registry before an adoption petition is filed. Mr.
> Jones missed the deadline.
>
> Although one in every three American babies has unwed parents, birth
> fathers' rights remain an unsettled area, a delicate balancing act
> between the importance of biological ties and the undisrupted placement
> of babies whose mothers relinquish them for adoption.
>
> While women have the right to get an abortion, or to have and raise a
> child, without informing the father, courts have increasingly found that
> when birth mothers choose adoption, fathers who have shown a desire for
> involvement have rights, too.
>
> But to claim those rights most states require a father to put his name
> on a registry. While about 30 states now have registries, they vary
> widely. In some, fathers must actually claim paternity; in others, just
> the possibility of paternity. The deadlines may be 5 days after birth or
> 30, or any time before an adoption petition is filed.
>
> And registries are a double-edged sword: It remains an open question
> whether they serve more to protect fathers' rights or to protect
> adoptive parents, and the babies they have bonded with, from biological
> fathers' claims.
>
> "My specialty is contested adoptions, and the most common contest is
> where the mom wants to place the baby and the dad objects," said Martin
> Bauer, president of the American Academy of Adoption Attorneys.
> "Registries can protect men against birth mothers who won't disclose the
> father's name or actively lie about his identity."
>
> Adam Pertman, executive director of the Evan B. Donaldson Adoption
> Institute, a nonprofit research and education group, sees it
> differently. "It's all smoke and mirrors," Mr. Pertman said. "How can
> registries work if no one's heard of them? And it's just not reasonable
> to expect that men will register every time they have sex."
>
> In the early 1990's, the two-year fight over Baby Jessica and the
> four-year battle over Baby Richard highlighted the wrenching dramas of
> birth parents winning custody of babies placed with adoptive parents
> years earlier. The spectacle of those children being taken from the arms
> of the only parents they had known raised an outcry about the need for
> speedy, permanent placement.
>
> While some states have long had putative father registries — New York's
> registry was upheld by the United States Supreme Court in 1983 — most
> were started in the last decade to head off late parental claims.
>
> In many states, fewer than 100 men register each year — not surprising,
> adoption experts say, because most young men have never heard of the
> registries. One exception is Indiana, where men are notified of the
> registry when a birth mother names them as the father, and 50 men
> register a week.
>
> Adoption lawyers say some birth mothers refuse to identify the father to
> forestall interference. There are no statistics on how many unmarried
> fathers seek to raise babies the birth mother has relinquished.
>
> Mary Beck, a professor at the University of Missouri School of Law, said
> the burden of registering should be the father's.
>
> "There are men who complain, 'What, I have to file for every woman I've
> had sex with?' " Professor Beck said. "But men are on notice of possible
> pregnancy by virtue of having had sex, and the alternative is leaving it
> up to the women to chase them down."
>
> Even for registered men, the system is flawed. Because the registries
> are state by state, a registration means nothing if the father or mother
> has moved — or if the baby was surrendered for adoption in a different
> state specifically to avoid a challenge.
>
> In one case, Frank Osborne of North Carolina challenged his 5-month-old
> son's adoption in Utah. The Utah Supreme Court rejected Mr. Osborne's
> claim, but a dissenting judge found it unfair that Mr. Osborne lost a
> child he had lived with and supported until the mother "unilaterally and
> clandestinely" took the boy to Utah.
>
> Senator Mary L. Landrieu, Democrat of Louisiana, will address that
> problem in the Proud Father Act, which would create a national registry
> and is to be introduced in Congress later this year.
>
> "In a perfect world, everything would be linked so that everyone could
> find out if a man had registered or filed for paternity," said Jim
> Outman, a lawyer in Atlanta who consulted on the legislation. "But in
> the real world, the left hand doesn't always know what the right hand is
> doing.
>
> "If there's nothing in the records in their county, their state, how is
> an adoption agency supposed to know there's a father who's going to come
> forward in two years? There has to be some security for the adoptive
> parents and the child."
>
> One self-made expert on the registries is Erik L. Smith, an Ohio
> paralegal who fathered a son in Texas and fought for paternal rights
> after the baby's placement with an adoptive family. In an unusual
> resolution, the boy, now 13, lives with the adoptive family, while Mr.
> Smith, a noncustodial father, has visiting rights. Mr. Smith was
> naturally intrigued when he heard of the Ohio registry in a class where
> the professor explained that babies born to unwed parents could be
> adopted without the father's consent unless he registered within 30 days
> after the birth.
>
> "I asked if that meant that, to protect his rights, a man should
> register every time he has sex with a new partner, and he said yes," Mr.
> Smith said.
>
> So he tried. "I called information and asked how I could contact the
> Ohio putative father registry, but there was no listing," Mr. Smith
> said. "I searched the Internet but couldn't find any address."
>
> While Ohio's system has improved, he said, "as long as registries aren't
> publicized, I think they just work as a way to get rid of fathers like
> me."
>
> Glenn Spraggs, a 22-year-old Cincinnati man, was recently caught short
> by ignorance of the Ohio registry. His girlfriend, Sharicka Watson, had
> a baby boy, Thomas, on Dec. 2, and Mr. Spraggs, who also has a daughter
> with Ms. Watson, was with her when he was born. Ms. Watson has told
> reporters that she discussed adoption with Mr. Spraggs, but he said he
> had no warning that less than two weeks after the birth, Ms. Watson
> would surrender Thomas for adoption.
>
> "No one told me anything," Mr. Spraggs said. "When I found out he was
> gone, I called the police to see if they could help get him back, or
> file kidnapping charges or something, but they said there was nothing
> they could do because it was an adoption. By the time I heard about the
> registry, it was too late."
>
> Although the Ohio registry gives men 30 days to file, a judge terminated
> Mr. Spraggs's parental rights when Thomas was 19 days old. After Mr.
> Spraggs hired a lawyer, the adoption agency returned Thomas to Ms.
> Watson, who now wants to raise him. A custody hearing in the case is
> scheduled for tomorrow.
>
> Carol Sanger, a professor at Columbia Law School, said registries
> reflected a deep societal belief that unmarried fathers are
> irresponsible.
>
> "If we want registries to mean anything," Professor Sanger said, "we'd
> have to teach them in every sex education curriculum in every school,
> and publicize them everywhere."
>
> In Florida, the 2003 law creating the registry requires the State
> Department of Health "within existing resources" to distribute pamphlets
> on the registry at every office of the Health Department, the Department
> of Children and Families and the Bureau of Vital Statistics.
>
> But when Barbara Busharis, a professor at Florida State University, sent
> students to find the brochures, they had no luck. "They couldn't find
> anyone who knew anything about the putative father registry," Professor
> Busharis said.
>
> Mr. Jones's case illustrates the dangers of ignorance. The identity of
> his former fiancée is confidential, but Mr. Jones's court filings detail
> his struggle to prevent the adoption.
>
> He tried to contact his ex-fiancée, who disappeared from his life when
> her parents took her from school and to another county. He called her
> friends, her brother, her pastor. He hired a Florida lawyer and filed a
> paternity petition the day before the baby was born, in the county where
> she previously lived. But that lawyer, now dead, apparently knew nothing
> of the putative father registry, and never mentioned registering.
>
> Mr. Jones is appealing the termination of his rights. "I don't think
> there's any greater right that you could trespass on than a parent's
> right to his child," he said.
>
> In her brief, Allison Perry, Mr. Jones's lawyer, called the Florida
> registry "a well-kept secret," with just 47 registrants for the 89,436
> out-of-wedlock births in 2004. Mr. Jones, living in Arizona, had no
> reason to know of it. The adoption agency that alerted him to the
> pregnancy never mentioned it, and when the agency later sent him a
> letter, it enclosed information on a Florida registry for birth parents
> interested in a reunion when the children grew up, but nothing on the
> putative father registry.
>
> Jeanne Tate, a lawyer for the adoption agency, said that because it
> represented the birth mother's interests, it could not advise Mr. Jones
> of his rights. Even the call to Mr. Jones went beyond the agency's legal
> obligations, she said.
>
> "What's good about the law is that it provides clear guidance on whether
> a baby is or isn't free for adoption," she said, "so you don't get into
> those heart-wrenching situations where a baby who's been placed has to
> be removed."
>
> Generally, fathers who have missed registry deadlines have lost their
> court cases. But Ms. Perry argues that the Florida law, applied as
> mechanically as in the Jones case, is an unconstitutional intrusion on
> men's fundamental rights.
>
> "Jeremiah Jones did everything he could reasonably do to establish a
> relationship with his child," she said. "It's just inconceivable that
> the government can take away his child because he missed a filing
> deadline."
> Charles Hannasch
> 977 Antigua Avenue East
> Venice, Florida 34285
> Voice: 941-484-1975
> Fax: 941-827-9501
> Email: channasch@mailworks.org
>
Charles Hannasch
977 Antigua Avenue East
Venice, Florida 34285
Voice: 941-484-1975
Fax: 941-827-9501
Email: channasch@mailworks.org
