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Facts: Kidnapping Is Always a Crime and Adoption Desperately Needs Reform

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Guatemala! Heart of the Mayan WorldI hate to read news like the story that rolled out of Guatemala yesterday and splashed into the adoption world like a boulder into a quiet lake. A judge in Guatemala has ruled that a six-year-old girl should be returned to her biological family. Because she was kidnapped and wrongfully placed for adoption. There are no winners in stories like this one, but the ripples of this ruling and subsequent news coverage will -- or should -- have far-reaching effects.

I hesitated to write about this story myself, coming from the birth mother point of view. I will be honest in saying that if any of my children (and not just the daughter I relinquished at birth) had been kidnapped, I would have acted similarly to this mother and fought, tooth and nail, to bring my child home to her rightful place at our table no matter how long it took. I like food a lot, but I would have staged a hunger strike as well to get to see the documents as she did. The crime of kidnapping isn’t magically absolved by the crossing of a country’s borders and the supposedly-legal process of adoption. Kidnapping is kidnapping. When a child is found, the child should be returned. End of discussion.

But I know that the grey areas in this story matter, more than I want them to. Years have passed. The child feels at home where she is and returning her to her rightful home will involve more trauma, learning of a new, though native, language and other hardships. And yet -- let’s be honest -- what adoptive parents want to answer this question when their child is old enough to ask the hard stuff: Why did you keep me after you knew I was kidnapped and my biological mother was suffering? I wouldn’t want to answer that one.

Back to kidnapping: Why was there ever a question about whether or not this child should be immediately returned? Is it because of the idea that American life is better than Guatemalan life? Is it because of the belief that more money equals better parenting? Is it because the adoption industry is so in need of ethical reform that no one even knows what to do or think when an obvious case of unethical practice smacks them in the face? Let’s be honest here: The people that are claiming that the child is “better off” in America anyway need to let go of their ethnocentric, egotistical beliefs that money means a better life and that we Americans automatically win some parenting award of superiority. This little girl quite obviously has an amazing, strong, loving and smart biological mother waiting for her in Guatemala. She would have been just fine living the Guatemalan life with her original family.

I would say that the adoptive family is not to blame and just got caught up in a bad case of the adoption industry’s woes, but they didn’t exactly go about things on their end in the proper ways either. As the piece on Slate points out, the couple is “rumored” to have known about the DNA question for years. For those who don’t know about adoption procedures in Guatemala, a DNA sample is taken from every child and mother. If they don’t match, it’s a huge red flag that something is not on the up-and-up. For families who want to go about ethical adoption, accepting a child who has a DNA ping wouldn’t be an option. But they pursued the adoption... and here we are. With more questions, no answers and a child whose life will be turned upside down whether she is returned to her mother or remains with an adoptive family who will one day have to answer her questions. There is no win, not even for the mother who may one day get to hold her child again. She has lost years of her daughter’s life.

Reaction, as you might imagine, is wide and varied and... angry. In all directions. At the parents. At the adoption industry. At the judge. At the people now in jail who participated in this flubbed adoption. At God. I say this anger is warranted and could be used for good if we get to see some change in ethical adoption procedures. Only time will tell.

Here’s some of what’s

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jacobrwheeler 5 pts

For more about Guatemalan adoption, and both its beauty and controversial underbelly, please check out my book, “Between Light and Shadow: A Guatemalan Girl’s Journey through Adoption” (http://www.nebraskapress.unl.edu/product/Between-L...,674763.aspx):

In Between Light and Shadow veteran journalist Jacob Wheeler puts a human face on the Guatemalan adoption industry, which has exploited, embraced, and sincerely sought to improve the lives of the Central American nation’s poorest children. Fourteen-year-old Ellie, abandoned at age seven and adopted by a middle-class family from Michigan, is at the center of this story. Wheeler re-creates the painful circumstances of Ellie’s abandonment, her adoption and Americanization, her search for her birth mother, and her joyous and haunting return to Guatemala, where she finds her teenage brothers—unleashing a bond that transcends language and national borders.

Following Ellie’s journey, Wheeler peels back the layers of an adoption economy that some view as an unscrupulous baby-selling industry that manipulates impoverished indigenous Guatemalan women, and others herald as the only chance for poor children to have a better life. Through Ellie, Wheeler allows us to see what all this means in personal and practical terms—and to understand how well-intentioned and sometimes humanitarian first-world wealth can collide with the extreme poverty, despair, misogyny, racism, and violent history of Guatemala.

Rebecca Hawkes 6 pts

Clarification of my earlier comment; I wasn't kidnapped and I didn't intend to suggest a parallel in that regard. My musings simply arose from my attempt to imagine myself in the place of the child. From that point of view, the legal issues are less relevant than the emotional ones.

Rebecca Hawkes 6 pts

"What is family, and who gets to define it?" That was one of several questions raised by a speaker at my church this morning, and it is probably the defining question of my life.

This news story haunts me. But my emotional response to it surprises me. I am an adoptive parent, and I know first hand how powerful (and mother-bearish) the emotions of an adoptive mother can be. I am also a reunited adult adoptee, and though I have a strong bond with by biological family, I'm also connected to my adoptive family by threads of love and shared experience, and I'm grateful that I've never had to choose one family over the other. But when I really check in with myself, on an emotional level, and ask myself the question of where that child belongs, surprisingly, there is no ambivalence. I believe the child belongs with the biological family.

Really? My entire life is defined by adoption, and that's what I come up with!? Is the biological bond really that strong?

I grew up in a very loving adoptive family, yet throughout my childhood I fantasized about escaping from it. I would fall asleep at night thinking over my plans to run away. These plans were very vague; I thought little of how I would survive or what I would do after I set off ... but I knew which direction I would head in. It wasn't until many years later, as an adult, that the significance of that direction struck me. I was planning to head toward the hospital in which I was born, the place where the separation from my biological mother occurred. It was a fantasy of return.

If I had been removed from my adoptive family at age six and returned to my biological mother, would that have been traumatic for me? I honestly don't know. I know that separation from my biological mother was traumatic, but would the trauma go both ways? On an intellectual level, I'm telling myself yes; surely it would. But that's not what I feel in my body when I try to imagine the hypothetical situation of myself at age six returning to my birth mother, leaving "the only family I'd ever known." It seems that such an imagining should strike a note of terror in me, but it doesn't. The dominant emotion is relief. After that comes sadness and grief, morning the loss of the adoptive family. But that's not the same as trauma.

But this is obviously all speculation, from the point of view of an adult, not an actual child. The hard reality of the child in the news story is likely very different from the psychological reality of my childhood "return fantasy." In the real world, it's hard to imagine a situation involving a post-adoption return as anything but tragic. Such situation should not occur, and would not occur if better safeguards were in place to prevent such adoptions in the first place. I completely agree with Jenna that adoption reform should be a top priority.

Rebecca Hawkes

www.rebeccahawkes.com

jillicious 9 pts

Mothers should be supported to keep their children, I think that is healthy. If, in a case where , such as cancer, car accident etc. there is no option, that is another matter. Our family had an experience where a friend of our child was taken into custody by DYFS. But we were not sure if the whole situation was in fact honest or convoluted..a ploy by the school counselor and the DYFS. To our knowledge the kids life not only did not benefit..he and his brother supplied more children with questionable situations who would also be DYFS 'customers'. Gross and horrific..yes!?

Polish Mama on the Prairie 22 pts

I agree with you.

I just met a grown woman living in the US from Belize who told me her own adoption story. I'll have to write about it, it was very sad and heartrenching. And it was along these lines.

I know I'm not a mother by adoption. I did have a moment in our lives when I embraced the possibility of adopting instead. But I couldn't imagine having a child that I knew had come to me in such a way! How I could live with myself, I have no idea. Perhaps it's because I lost a baby and had braced myself for the thought that I couldn't have a child to call my own and couldn't imagine someone taking away the two precious darlings I do have now biologically.

I'd hunt someone down and kill them if they took my children. No really, I would.

And the idea that somehow a life in America is better than a life in another country, being an immigrant, I find HIGHLY offensive. Especially when divorce rates and obesity are so high in our country and people talk about how children are molested and abused and our foster care system here STINKS beyond compare.

How can that be better? Than a family who had their child STOLEN from them?! Who loved that child? Who wanted that pregnancy? Who could have been like myself, on my knees asking God to please please let me become a mother.

The same people who think the child would be best with the adoptive parents. I ask, "Would it be the same if the child was kidnapped from an American family and taken to another country for adoption?" Nobody would say that was ok. Why is it different that the child is in the US?

So sad...

bdelagarza 5 pts

in the end its all for the child. no matter who is hurt by it the child is old enough to choose who they feel safe with. so many children suffer in this world...where is the respect for the children...adults are so darn selfish.

lunaraven13 11 pts

The adoption laws in this country desperately need overhauling. My parents had foster children when I was a teen and the courts will often return children regardless of whether the birth parents are fit (even if they abandon a child many times). This situation is terrible all around, but the most important thing has to be the health of the child. This little girl is leaving the only family she's ever known and it will be a huge adjustment. I am sure her adoptive parents simply didn't want to ever have to part from her, even knowing they were in the wrong, because the attachment you develop is so strong. I hope that they won't be cut off from her completely, because I think that would actually be worse for her heart.

moiraaerin 5 pts

Society has long been told that leaving a child with the adoptive parents has been in the "best interests of the child" without any real foundation to support that statement. As a mother, I have to question that kind of thinking. A child's best interests are always and should always be skewed to the biological/natural family. Not because the adoptive parents are bad people, but because a child raised in an adoptive family unnecessarily ends up a mental health mess. Research of over 50 years backs that up. In the US, social services uses the argument "best interests of the child" to validate removal of children from their homes.... a great number of these removals (over 60%) are not for real cause, but assumptions. An even greater number of the children are so traumatized by the changes that they never fully recover.

When is best interests going to be real? When people stop assuming that because they have the money, they have the power... and they know best.

Rita Brennan Freay 5 pts

This is scary and horrible all around!! As an adoptive mother, and having my own biological child, I cannot imagine the pain...for any of them...if one of my kids were kidnapped I wouldn't sleep until I found them! God bless this child, and these families!! Yes, this sucks! And yes to reform, reform, reform! You are absolutely right, this should NOT be happening in 2011....ever! This will likely scare the hell out of anyone who has adopted internationally....and should make those going forward question - everything!!! Hoping your post will help those in process and push them to be more alert and ask the hard questions. Thanks for sharing and shedding the light on a very emotional & personal process!

Rita Brennan Freay

http://ritabrennanfreay.com

Conversation from Facebook

Tiffiny Harmer Felix
Tiffiny Harmer Felix

Yes. I totally agree with PMONP. Everyone in this story loses. Everyone. Especially the little girl who didn't ask for any of it and is going to have her life completely uprooted. I can't imagine what it will be like for her. How can she possibly understand? I also can't imagine having my child kidnapped, or having to lose my child I raised for so many years. "nauseating tragic" are the perfect words. My heart is sick for all of them.

Polish Mama on the Prairie
Polish Mama on the Prairie

How nauseatingly tragic. :(