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Florida’s Brood Mare amendment to its “parental notice of abortion” bill

Leave it to Florida legislators to come up with a bill this misogynistic.

Meet Florida’s HB 1449 and its companion SB 2446.

Naturally, I find the bill in its entirety despicable, woman negating, and showing nothing but contempt for the reproductive autonomy of those deemed minors, but there’s something ‘special’ about this particular legislative disaster.

‘Special’ in that it’s rare for politicians to come right out and own up to the fact that they view the pregnancies of girls under age 18 as nothing more than would-be adoption fodder. Usually such motivations are kept at least a bit ‘tucked down,’ shifted to the break-you-down-demand-the-pregnancy sessions at Coercive Pregnancy Indoctrination Centers (CPIC’s) ‘counseling’ rooms, or other similar venues.

Nope, FL HB 1449 does a remarkable job of putting all the cards out on the table.

When a young woman goes before the court, seeking to gain abortion access, and essentially forced to beg the court’s permission,

(Emphasis mine) lines 159-182:

Factors the court shall consider include:

1. The minor’s:

a. Age.

b. Overall intelligence.

c. Emotional development and stability.

d. Credibility and demeanor as a witness.

e. Ability to accept responsibility.

f. Ability to assess both the immediate and long-range consequences of the minor’s choices.

g. Ability to understand and explain the medical risks of terminating her pregnancy and to apply that understanding to her decision.

2. Whether there may be any undue influence by another on the minor’s decision to have an abortion.

3. Whether the minor is aware that:

a. Payment of medical expenses associated with carrying the child to term is available for eligible pregnant minors under Medicaid, the Florida Healthy Kids program, many private insurance plans, and numerous faith-based and philanthropic resources; and

b. There is a shortage of newborn babies available for adoption, and that the demand is very high from qualified families.

Now couple point 3, lines 191- 194 alongside the above (emphasis is again, my own.)

The best- interest standard may not include financial best interest or financial considerations or the potential financial impact on the minor or the minor’s family if the minor does not terminate the pregnancy.

(Read the full bill for full context.)

Obviously, there’s a very great deal I could say about this bill, going line by line deconstructing the outright hatred of young women evidenced therein, seeing them as nothing more than a means to an end throughout the bill, but these two sections stand out, in that

  • Financial considerations to the young woman and her family, such as the long term costs of bearing an undesired child (by the woman who bears it anyway) are not only not part of the standard itself by which the court can render a decision on whether or not it will grant abortion access but are to be specifically rejected as a potential criteria by the court, and cannot be any portion of its so called “best-interest standard.” Pregnant young women begging the court for abortion access are expected to recite back to the court their “awareness” of a variety of programs, including explicitly religious programs, that claim, at least on paper, to be able to supply some funding toward pregnancy related medical expenses. (Of course post-birth funding for single mothers under the age of 18 gains not so much as a mention, perhaps because there is so precious little, or more likely due to the second aspect of the bill, which I’ll get to next.)
  • And what I and others can only call Florida’s “brood mare” provision, that said young woman must be “aware” and able to demonstrate that “awareness” to the court that there are already an overabundance of would-be-adoptive couples lined up around the block, waiting to get control and legal custody of her little explicitly undesired womb-trespasser.

The second portion is what is really standing out to those of us in the Bastard and Mother’s communities. These young women are to be propagandized and required to regurgitate back that by having their much sought after abortions they would be in effect ‘depriving’ those already standing on line of what is essentially being billed as  some sick notion of ‘rightfully theirs.’

Or as I paraphrased the legislation’s fundamental approach to pregnant young women a few days back,

Young Lady, you are the means of production and you need to shut up and act like it! Don’t you know someone else is already waiting in line and wants what you have?

The measure reduces young women, their lives, their desires, their very autonomy down to the contents of their uterus and how that would ‘really be better off with someone else.’ It pushes them to breed against their will (they are after all appearing before the court in the first place out of a desire to obtain an abortion) everything from that entry into the process on is simply a matter of attempting to thwart her expressed desire for a course of action, abortion, that some go insane over.

Insane to the point of violence, to the point of harassment, to the point of assassinating physicians (something Florida knows more than just a bit about) and insane to the point of constructing YET ANOTHER nothing but roadblocks piece of legislation designed to force young women down a particular chute of action, into bearing to term and poppin’ out the rare and highly sought little soon-to-be-adoptee to the ‘right’ kind of pre-screened would-be-adopters.

But hey, I suppose we can at least thank Florida for making it’s intentions towards it’s underage female population all too clear, they’re to be the brood mare class, producing kids for the vetted ‘correct’ kind of parents.

Others have also taken note of this legislative abomination:

Marley, on the Daily Bastardette,  Florida Moves to Make Teens the Brood Mares for the Adoption Industry

As well as, importantly, Robin on her Motherhood Deleted blog (she is both currently a Florida resident and a Senior Mother of Coerced Adoption Surrender from the Era of Mass Surrenders, or EMS) See her post, I WAS A TEENAGE BROOD MARE (Scream!!!)

She nails it, speaking from her own personal experience,

I remember feeling like I was defined and valued only by what I carried in my belly. My parents wanted it out and gone and the social workers wanted that baby so that they could “create a new family.”

This reductionism, reducing a woman down to nothing more than what the contents of her womb can do for other people negates women’s very lives, their free agency, their autonomy. It’s a status all too familiar to those who have endured the nightmare of the adoption industry’s or various religious factions’ maternity camps.

Many women and Mothers know this routine, and they know the lifelong damage it does.

It’s long past time Florida began to treat young women as human beings, not as mere breeding stock.

Contact information for Florida House members can be found here and Florida Senate members can be found here.

Bastard Nation Letter to Illinois Governor Pat Quinn: Please Veto HB 5428

Saturday, April 24, 2010

Bastard Nation Letter to Illinois Governor Pat Quinn: Please Veto HB 5428

Bastard Nation: the Adoptee Rights Organization urges you to veto HB 5428, a so-called “adoptee rights” bill promoted as a progressive piece of legislation to correct Illinois’ long-standing Draconian treatment of its adoptees and their families of origin. Nothing could be farther from the truth.

The bill’s stated purpose and its final product are diametrically opposed.

The introduction to the bill reads: The General Assembly recognizes that it is the basic right of all persons to access their birth records, and, to this end, supports public policy that allows an adult adoptee to access his or her original birth certificate. The rest of the bill guts the “recognition of that “basic right,” putting unreasonable and outrageous restrictions on that “basic right:”

HB 5428 separates adoptees into two classes by date of birth and then into numerous subclasses of “access” and “contact” eligibility dependent on parental and state “consent.”

HB 5428 “grants” rights to some at the expense of others.

HB 5428 criminalizes adoptees that use information from the Illinois Adoption Reunion and Medical Exchange to locate and contact families of origin.

HB 5428 dictates relationships between adults.

.HB 5428 is a bill that adopted persons and their families of origin did not ask for and do not want. It has virtually no support from adoptee rights and adoption reform organizations in Illinois and throughout the country.

HB 5428 is NOT an original birth certificate access bill. HB 5428 is NOT an adoptee rights bill. HB 5428 is NOT an adoption reform bill.

Instead HB 5428 is an abomination that stalls genuine adoption reform in the state for decades.

Please veto HB 5428 and ask the legislature to come back with a clean bill that treats all Illinois adoptees as fully equal to non-adopted Illinoisans.

Yours truly

Marley Elizabeth Greiner
Executive Chair

BASTARD NATION ACTION ALERT: STOP HB 5428 – WRITE GOV. PAT QUINN NOW

Wednesday, April 21, 2010

BASTARD NATION ACTION ALERT: STOP HB 5428 – WRITE GOV. PAT QUINN NOW

Distribute Freely and Quickly!

BASTARD NATION ACTION ALERT!
URGENT!
ILLINOIS GROUND ZERO

CONTACT GOVERNOR PAT QUINN NOW

Don’t let Illinois gut what few rights
Illinois adoptees still possess!

This afternoon the Illinois Senate passed HB 5428:
the Illinois Adoption CI/Registry Cash Cow Protection Act

HB 5428 is NOT an original birth certificate access bill
HB 5428 is NOT an adoptee rights bill
HB 5428 is NOT an adoption reform bill

HB 5428 is an adoption industry bill, dressed up as obc access, intended to kill rights-based adoptee access to our own birth records.

HB 5428 is an Illinois Adoption Registry and Medical Exchange (IARME) promotion bill with virtually no support from adoptee rights and adoption reform advocates and organizations.

HB 5428 separates adoptees into two classes by date of birth and then into numerous subclasses of “access” and “contact” eligibility dependent on parental and state “consent”

HB 5428 “grants” rights to some at the expense of others.

HB 5428 criminalizes adoptees that use information from the IARME to locate and contact families of origins.

HB 5428 dictates relationships between adults

THE BILL IS HERE: http://www.ilga.gov/legislation/fulltext.asp?DocName=09600HB5428eng&GA=96&SessionId=76&DocTypeId=HB&LegID=50466&DocNum=5428&GAID=10&Session=HB%3C/span

GO HERE FOR BN TESTIMONY AND TALKING POINTS http://bastardnation.blogspot.com/2010/04/bastard-nation-testimony-hb-5428-oppose.html

Contact Governor Pat Quinn immediately and ask him to veto HB 5428

Springfield Office
Office of the Governor
207 State House
Springfield, IL 62706
Phone: 217-782-0244
FAX 217-763-8710
TTY: 888-261-3336

Chicago Office
Office of the Governor
James R. Thompson Center
100 W. Randolph, 16-100
Chicago, IL 60601
Phone: 312-814-2121
FAX 312-867-0801

EMAIL TEMPLATE: http://www.illinois.gov/gov/contactthegovernor.cfm

Bastard Nation: the Adoptee Rights Organization
P.O. Box 1469 | Edmond, OK 73083-1469 | Phone / Fax: 415-704-3166
www.bastards.org
bn@bastards.org

Illinois Senate abandons genuine adoptee human rights, passes terminally flawed legislation instead, contact the Gov. immediately!

The Illinois Senate passed HB 5428:

36 yea

16 nay

2 present

This is nothing short of a catastrophic loss for GENUINE equal rights for adoptees in Illinois.

Worse, the Senators appear to have thought they were passing an adoptee rights bill!

HB 5428 instead proposes a civil and human rights violation, rights for some at the direct  cost to others.

It fails any test of equal treatment under law.

It fails to set forth a single standard.

Instead Illinois adoptees will be subject to multiple tiers of access or lack of access.

See this Bastard Nation Action Alert for some of the horrible details of the bill.

The only thing standing between this legislative abomination and it becoming law is the Governor’s signature.

Please contact Governor Quinn immediately.


At this point I have very little else to say. I watched the session today, and all I can say is that even legislators who think they understand adoptees and our interests simply don’t.

Bastards were almost entirely locked out of this bill’s process, not allowed to speak beyond submitted testimony and our letters and calls.

One single Illinois adoptee was permitted to testify (see the comments on this post and the link to the testimony here) before the Senate Judiciary committee, but otherwise, despite Bastard attempts to be heard, our voices have been otherwise absent, intentionally pushed to the margins.

When legislation is made by and large, without the voices of  of the directly affected,  we should not be the least bit surprised when it comes out the other end of the process so deeply mangled, so deeply damaging.

If this bill does become law it will gut adopted people’s rights in Illinois for decades, if not lifetimes.


Also, go see Bastardette’s piece on the bill she posted this morning,

Deja Vu All Over Again–Sneaky Sara Feigenholtz Part 2: Illinois HB 5428 and The Odor of Mendacity

and just added,

RIP ILLINOIS: HB 5428 PASSES:. Adoptee Rights Die


And again, I can’t say this strongly enough contact Governor Quinn immediately.

Explain to him how deeply we, as adopted people and our allies oppose this legislation.


*UPDATED* ACTION ALERT on Illinois HB 5428- ACT NOW to kill the bill

(post as it originally appeared remains below this section)

4/20/10 *UPDATE*
Despite being listed on the Illinois HB 5428 status page as having been

Placed on Calendar Order of 2nd Reading April 15, 2010

the State Senate did not get to the second reading of the bill until today.

Today’s update to the page notes it went through second reading and is scheduled for the third (or final) reading tomorrow.

At that point the Senate is able to go to its final vote on the bill. If no amendments are added, it could arrive at the Governor’s desk anytime thereafter.

4/20/2010 Senate Second Reading

4/20/2010 Senate Placed on Calendar Order of 3rd Reading April 21, 2010

There is still no fiscal note attached to the bill despite its proposed year-long national publicity campaign and huge “OBC-Access Public Information Campaign Oversight Committee” stacked with industry agencies and adoption lawyers.

Obviously, my arguments with the bill go much deeper than mere finances, but in this case, the as of yet undisclosed finances relating to this bill are very important to note.

At a time when Illinois is undergoing the ordeal of state budget cuts for basic services, the notion of voting through this kind of unnecessary and unwanted publicity campaign for a program that is currently failing Illinois’ adoptees complete with a yet undisclosed pricetag is nothing short of insane.

PLEASE keep the calls, letters, faxes, and e-mails coming. Continue to urge the Senators to VOTE NO on HB 5428!

And keep your eye on this hashtag on twitter ILHB5428 to find the latest details.



IL HB 5428 is an anti-adoptee piece of legislation.

If we don’t work to kill it now, it could bring harm to Illinois adoptees for the rest of their lives.

The Illinois state senate goes back in session tomorrow. If you have not already contacted them this could be your last chance before the third (and final) reading and then it moves on to the full Senate vote.

If you have already contacted them, try a follow up contact to remind them just how important defeating this legislation is.

Either way, ask the State Senators to VOTE NO on HB 5428.

The bill’s status page has yet to be updated, but again, don’t wait for it to be updated before you act.


Contacting the State Senators

ILOpen’s list of email addresses and web based contact forms for the Senators can be found here.

You should be able to reach all but one member (see below) digitally between this contact page for the Democratic Members- http://www.senatedem.ilga.gov/index.php/contact-us (Clicking any Senator’s name will connect you to their contact form)

and this page for the Republican Members- http://www.senategop.state.il.us/ which requires a little more instruction, (this is my addition):

Go to the “Meet your Senator” tab near the top, then go to each individual Republican member’s page and click on the “Contact Us” tab. Finally, click on the member’s name to reach the form.

Senator Bill Brady’s can be found here- http://www.brady.senategop.net/tax-relief/contact

Senator Dan Rutherford- danrutherford@danrutherford.com

Senator Dave Syverson- www.senatordavesyverson.com (click on the Contact tab)

If you’re working off the ILOpen list, for the Four  ILOpen did not come up with contact information for:

NO WEB CONTACT INFO OR EMAIL ADDRESS FOUND:
Senator Jacqueline Y. Collins (D – 16th District)
Senator John O. Jones (R-54th District)
Senator Iris Y. Martinez (D-20th District)
Senator John J. Millner (R-28th District)

try these-

Senator Jacqueline Y. Collins (D – 16th District) – http://www.senatedem.ilga.gov/index.php/contact-us/12-sen-contact/4-senator-jacqueline-y-collins

Senator John O. Jones (R-54th District) – fax and phone only

Senator Iris Y. Martinez (D-20th District) – http://www.senatedem.ilga.gov/index.php/contact-us/12-sen-contact/25-senator-iris-y-martinez

Senator John J. Millner (R-28th District) – http://www.johnmillner.com/index.php?option=com_contact&view=contact&id=1&Itemid=3

The IL legislature’s fax and phone list for Senate members can be found here.


Writings about the bill and who’s working to oppose it?

What I’ve written on IL HB 5428 can be found on its tag.

Rather than rehash my objections, many of which can be found on the link above, I’d prefer to point readers at a list of others working against the bill I compiled earlier:

Please bear in mind, I’m pointing at the writings of those working on the bill, but I have to reiterate, per my links policy, just because I link a page, that should not be taken as an endorsement nor my personal agreement with everything on that page.

By way of some additional resources pertaining to the bill, see:

I’ve also blogged about HB 4623 and Illinois’ Confidential Intermediary program previously, see Legislation- IL HB 4623 and IL’s Kafka-esque Confidential Intermediary Hell and Prospect of open records makes IL Catholic Conference fearful of potential lawsuits.

As well as

Bastard Nation: the Adoptee Rights Organization (Keep an eye on the Bastard Nation ACTION ALERT blog for updates)

Green Ribbons Campaign for Open Records sponsoring its Adoption Reform Illinois Coalition (link takes readers to the IL specific page)

Do not assume that just because the bill is in Illinois it won’t affect other states’ OBC access laws in years to come. Unfortunately in this case, what starts in one state doesn’t have to stay in one state. There are precedent setting aspects to this Illinois bill that could easily come around to haunt other states soon enough.

Don’t push it off until tomorrow, tomorrow could genuinely be too late.

Ask the Illinois Senators to vote NO.

Kill the bill.


Even as I’ve been pulling this post together, Bastardette has been adding her latest post:

Bastard Nation Letter to the Illinois Senate: Vote NO on HB 5428

Below is Bastard Nation’s edited-down-from-testimony letter to the Illinois Senate asking members to VOTE NO. Please contact Senators and tell them to stop this travesty. Go to the BN Action Alert for more information, including contact information.

(follow the link above to see the full letter)


Finally, a few last notes about communications

As things will no doubt be moving quickly once the third reading is scheduled there may not be a lot of time to get the word out.

Each morning you can check the Illinois State Senate’s daily calendar for HB 5428 here.

The Senate will be streaming live video and audio when it’s in session here.

Finally, obviously you can check the various blogs I’ve listed above for updates, but you may also want to check a few blogger’s twitters as well.

My twitter (also see upper left hand corner of my page for a link) often has more up to date details than the blog.

Bastardette’s tweets are another place you’re likely to find updates.

Finally 73adoptee’s tweets can be added to the list of tweets to watch in relation to this bill.

A number of us are trying to utilize the #ILHB5428 (for Illinois House Bill 5428) hashtag to pull all our and others’ tweets on the bill together in one place.

Arkansas- Judge strikes down Queer and unmarried cohabiting couples foster and adoption ban last Friday

Major new developments unfolded at the end of last week in relation to Arkansas’ ban on Queer and unmarried cohabiting couples prospects of becoming foster or adoptive parents.

I’ve been blogging about the situation in Arkansas for some time now.

First see my earlier posts:

Sewing the scarlet “b”- California’s newest bastards, and other abysmal anti-Queer anti-child bastardization

In other anti-Queer bastard related election news, Arkansas passed its measure prohibiting Queer couples or straight unmarried couples from adopting or fostering, thus doing an end run around the Arkansas Supreme Court ruling.

Naturally this will screw with parents’ ability to decide who will raise their kids. Take for example, a parent who wanted to place their child with a Lesbian aunt instead of a complete stranger. Now as Queers are legally prohibited from adopting in Arkansas, the aunt is now deemed “unqualified” to adopt, based purely upon the very nature of who and what she is.

and the entirety of  my follow-up post ACLU goes to court over Arkansas Act 1, the “Arkansas Adoption and Foster Care Act.”

After being challenged by the American Civil Liberties Union (ACLU) last Friday Judge Chris Piazza of Pulaski County Circuit Court struck down the Queer and Unmarried cohabiting couples parenting and foster parent ban Arkansas voters had passed last fall saying:

“Due process and equal protection are not hollow words without substance.”

Queer couples’ ability to serve as foster parents stood at the core of the case. (They were unable to meet Arkansas’ heterosexually defined definition of marriage, and therefore barred. Back in 2004 Arkansas had amended its state constitution to a hetero-centric definition.)

From the ACLU press release:

An Arkansas court today struck down a law challenged by the American Civil Liberties Union that bans any unmarried person who lives with a partner from serving as an adoptive or foster parent in the state of Arkansas.

“We are happy that the court recognized that Act 1 harms Arkansas’s foster children because it eliminates potential qualified parents,” said Holly Dickson, staff attorney with the ACLU of Arkansas. “We have a critical shortage of homes now and this ban was denying good, loving homes to our most vulnerable children.”

The ACLU filed its complaint against the law, known as Act 1, in December 2008. Plaintiffs participating in the case included a lesbian couple who adopted an Arkansas foster child before Act 1 was passed and would like to open their home to a second special needs child, a grandmother who was barred by Act 1 from adopting her own grandchild and several married heterosexual couples who would have been prohibited by Act 1 from arranging for certain friends or relatives to adopt their children if they die or become incapacitated.

“As the proud parents of a former foster child, we are relieved that the court recognized how Act 1 harms the many children in the state in need of homes,” said Wendy Rickman, who, along with her partner of 11 years, Stephanie Huffman, would like to provide a home to another child in need.

Earlier in the week, Arkansas Governor Mike Huckabee had gone on the attack, equating gay marriage with drug abuse, in the course of supporting the state’s ban on Queer and Unmarried Co-habitating couples fostering or adopting.

Huckabee

“I think this is not about trying to create statements for people who want to change the basic fundamental definitions of family,” Huckabee, a Southern Baptist minister, said.

“Children are not puppies,” he continued. “This is not a time to see if we can experiment and find out, how does this work?”

Huckabee was similarly dismissive of same-sex marriage and even civil unions, which he called “not necessary.”

“You don’t go ahead and accommodate every behavioral pattern that is against the ideal,” Huckabee said when asked about same-sex marriage. “That would be like saying, well, there are a lot of people who like to use drugs, so let’s go ahead and accommodate those who want who use drugs. There are some people who believe in incest, so we should accommodate them. There are people who believe in polygamy, so we should accommodate them.”

The irony of course being that adoption itself, (whether by heterosexuals or not) as practiced here in America is nothing more than a product of social experimentation. Huckabee’s failure to recognize that all adoptions here are little more than ongoing social experimentation belies the central lie at the core of his so called “arguments.”

While he wishes to characterize heterosexual adoptions and foster care as some notion of “normal” and Queer or unmarried couples adoptions and fostering as merely “an experiment” nothing could be further from the truth. All adoptions and for that matter foster care here in the U.S. are part of an ever evolving process of social experimentation, from the development of the sealed records policy to more recent developments relating to so called (usually unenforceable) “open” adoptions.

Point being, adoption policy (regardless of whether het or Queer, married or unmarried)  has been a result of an ongoing evolving process subject to whatever pop-psychological theory is in vogue, or whatever faction in child care policy is in power at any given moment.

To say otherwise is to ignore or be woefully ignorant of adoption history here in the United States.

Meanwhile, in Florida, the wingnut Florida Family Policy Council (FFPC) has also been engaging in scare tactics to its own effort to raise their followers fears of Queer couples in the course of the ongoing Florida adoption and foster care fight.

Utilizing their readership’s fears of all women who are butch or gender non-conformist, the FFPC published the (photoshopped?) picture on the left in the course of describing the case of the actual Lesbian couple on the right.

See Flordia Anti-Gay Adoption Group Accused of ‘Scare Tactics’ Photo for further details.

Ffpcnewsletter

Apparently when reality doesn’t line up with what opponents of Queer adoptions want to utilize, they’re more than willing to fabricate up some lies.

Bastard Nation- URGENT ACTION ALERT: Illinois HB 5428 – Contact Senators Now!

Still time to contact Illinois State Senators get those faxes and calls in before the Senate goes back in session on Tuesday.

Update– see my “Late Addition” at the bottom for e-mail addresses and contact form information.

(THANKS ILOpen!)

-BLC


Saturday, April 17, 2010

URGENT ACTION ALERT: Illinois HB 5428 – Contact Senators Now!

It’s not too late to let your voice be heard!
STOP HB 5428 !

Don’t let Illinois continue to gut the rights of Illinois adoptees!

TAKE ACTION THIS WEEKEND!
CONTACT ILLINOIS SENATORS

THE BILL IS HERE:
Talking points

HB 5428:

conflates rights with reunion. It confuses OBC access with contact with a parent. It retains the Illinois Adoption Registry and Medical Exchange (IARME), and currently outsources the registry process to the privately owned Midwest Adoption Center as the OBC gateway; thus, keeping the vital records of the state’s adoptees at the mercy and whim of “confidential intermediaries” and paid “searchers” in an inherently arbitrary system accountable to no one.

2. vacates, though parental disclosure veto power (see #4) 750 ILCS 50/10) (from Ch. 40, par. 1512) FINAL AND IRREVOCABLE CONSENT TO ADOPTION which states in part:
That I do hereby consent and agree to the adoption of such child. That I wish to and understand that by signing this consent I do irrevocably and permanently give up all custody and other parental rights I have to such child. That I understand such child will be placed for adoption and that I cannot under any circumstances, after signing this document, change my mind and revoke or cancel this consent or obtain or recover custody or any other rights over such child.

It also contradicts its own language:
“Surrendered person” means a person whose parents’ rights have been surrendered or terminated but who has not been adopted.” (p 11)

3. divides Illinois’ adopted citizens into two arbitrary classes based solely on date of birth: worthy and unworthy. Worthies are born before January 1, 1946. Their OBC is released upon request–like the not-adopted. Unworthies are born after that date. Their OBC release is subject to a lengthy menu of regulations, restrictions and other people’s decisions about access, none of which are under the adult adoptee’s control.

4. subjects Unworthies to five subcategories of parental permission. These categories are not based in a public or civil rights /equal protection and treatment paradigmn. but on state-granted privilege. The bill predicates release on a “special right” for parents whose rights were terminated decades ago, which no other parent or adult has: a special right to deny another adult his or her own birth certificate.

5. Parents (referred to as “birthparents in the bill) are given five “preferences” to choose from:
a. Agree to full release; parent prefers direct contact
b. Agree to full release; parent prefers contact through a personally designated third party
c. Agree to full release; parent prefers contact through IARME
d. Agree to full release; parent prefers no contact
e. Prohibit release of the OBC or certain designated information on the OBC. Depending on the parent’s “preference” the prohibited adoptee may receive the OBC with specific information deleted. In other words, the State of Illinois will deliberately mutilate its own public record at the request of a private individual—in most cases a virtual stranger to the requester–to abrogate the right the “basic right” state says the adoptee has.

6. forces adopted persons who have been denied their birth certificates, to wait FIVE years before they can appeal the decision. At that time, IARME, upon petition, can search for the parent to request an updated medical history and/or confirm the continuance of the prohibition.

7. levies a minimum $10,000 punitive damage claim, payable to the “sought-after relative” against any individual—a CI, state employee, even the adopted person– who uses information allegedly received from the IARME to identify the relative who has requested “anonymity.” How the source of information is to be determined is anybody’s guess.

8. includes a provision for a massive taxpayer funded public information campaign including a website, press releases, and printed notices about the law enclosed with drivers license and vehicle renewal applications. This cost does not include the cost of retention of separate birth, adoption and registry records, general maintenance of IARME, and outsourced searches which the state has no legal or fiscal responsibility to pursue. We have seen no fiscal note at this time, but under the current state government budget slashes, such expenditures are irresponsible and wasteful.

For further information go to BN’s testimony here.

CONTACT INFORMATION

Please contact Illinois Senators now and let them know that HB 5428 has no support from adoptees, adoptee rights advocates, and the adoption reform committee.

Senators have no published email addys so it’s all about phone calls and faxes. Go here for a contact list.


LATE ADDITION-

Illinois Open has compiled a set of email addresses and web based contact forms for the Senators.

Be forewarned, there have been issues in the past, particularly with some of the .gov addresses bouncing, but email and fax are your other options.

As BN said, it’s not too late.

Yet.

Charges *NOT* dropped against American Baptist Missionaries, despite Thursday’s reports

Well, it’s early Saturday morning and just when I sit down to write about one of the major events of the last week, we run headlong into yet another example of events moving faster than I can blog.

Last Thursday, as a result of actions taken by the State Department, numerous media outlets reported that the charges against the 9 American Baptist Missionaries arrested in Haiti for attempting to export at least two busloads of Haitian children for potential eventual adoptions had been dropped.

See, Charges dropped against Amarillo man and 8 others arrested in Haiti as but one of many examples.

(Laura Sislby, of course, remains in her jail cell in Haiti.)

The article makes mention of the State Department official who appears to have been part of the chain of events that led to this impression:

“We did get word from the chief of the western hemisphere affairs office at the Department of State, his name is Ted Coley, that the judge down there in Haiti informed the U.S. Embassy today that the charges against nine of the missionaries have been dropped, and no additional charges are expected to be filed against them,” said Bill Harris, senior counsel to Thornberry.

The article also lays out the remaining process on the Haitian end:

“All of the information on the investigation on her has been completed and submitted to the judge,” Harris said. “They (the State Department) said the judge ought to have a recommendation within seven days … it sounds like it’s been progressing.”

The prosecutor in Silsby’s case can recommend additional investigation, or come back with a finding of “guilty” or “not guilty.”

But it appears the American State Department got it wrong.

Despite the resulting statements from U.S. Rep. Mac Thornberry, U.S. Sen Jim Risch, attorney Caleb Stegall, Rev, Clint Henry, Drew Culberth, and others, Haiti’s  Attorney General Joseph Manes has since clarified, the charges still stand.

Drew Culberth actually sat down for a 14 minute long interview with KTKA on Friday. The video, available here Topeka missionary says closure will only come with final missionary’s release from Haiti goes into a fair amount of detail about how the aftermath of the arrests unfolded from Culberth’s point of view.

At the time of course, he was under the mistaken impression that the charges had been dropped, which was incorrect.

This piece from CNN (from today Sat.) makes it clear that the charges have not been dropped to date, and by Haitian law, cannot be until a the ruling is handed down  Haiti denies charges dropped against American missionaries:

Haiti’s top prosecutor on Friday denied reports that charges have been dropped against nine of the 10 American missionaries accused of kidnapping children after a devastating earthquake hit the nation in January.

Attorney General Joseph Manes was responding to news from the office of U.S. Sen Jim Risch, R-Idaho, whose staff on Thursday said the charges had been dropped against all but one of the Baptist missionaries. Group leader Laura Silsby remains in a Haitian jail. Risch spokesman Kyle Hines said the senator had been contacted by officials at the U.S. State Department, confirming that the kidnapping charges against the other nine were dropped.

However, Manes said that information was “absolutely incorrect.” He said that under Haitian law, all charges against the 10 Americans stand until the examining judge, Bernard Saint-Vil, renders his final decision on whether to proceed to trial.

Risch’s communications director, Brad Hoaglun, said: “We are standing by what we were orginally told by the State Department. We did, however, ask the State Department to reconfirm for us, and we are waiting that response.”

A senior State Department official told CNN Friday the charges were dropped, but deferred questions to Haiti’s government, saying “this was a Haitian decision.”

On Thursday, Saint-Vil could not be reached for comment and Manes declined to respond to CNN’s questions until he could do so in person on Friday.

and

The Rev. Clint Henry of the Central Valley Baptist Church said the missionaries were notified by a State Department e-mail that the charges were dropped and no other charges were pending.

Meanwhile, Manes said his office received the documents pertaining to Saint-Vil’s investigation and that his staff has five days to derive an opinion, which will remain confidential, on whether to move forward on a trial or dismiss the charges. At that point the case will be returned to the judge for a final decision.

In addition to the emails, there were also phone calls from the State Department to Idaho legislators and the missionaries themselves.

This entire affair has had numerous twists and turns, but this latest, apparently sparked by yet more ignorance of Haitian law this time on the level of the American State Department, is pretty darn remarkable.

Long weekend ACTION ALERT Illinois HB 5428- next Senate session Tues 4/20 get those calls & faxes in!

Again, another small update early this morning.

There is still time to get those faxes and emails in to the Senators asking them to

vote NO on HB 5428,

but time is running out.

The bill went through its second reading in yesterday’s session.

The bill’s status page hasn’t updated yet after yesterday’s session, but the legislation can go to third reading and on to a vote at any time now. Don’t wait for the state to update the page before you act.

PLEASE continue to contact the State Senators via phone calls and faxes, they need to understand that this is NOT an adoptee rights/open records bill.

It may masquerade as one, but this bill will actually HARM Illinois adoptees’ existing rights, putting a huge number of them them into yet another bureaucratic hell that will ensure some never gain their original birth certificates locked away behind:

  • Vetoes,
  • A beefed up version of Illinois already fatally flawed Confidential Intermediary system
  • (with a year long ad campaign that still has no fiscal note attached to the bill)
  • & new civil penalties and damages starting at $10,000 for anyone with mere possession of essentially a new criminalized category of information, that which is placed in the registry files, even if the Bastard never acts on that information or gains the information completely separate from it being “leaked” from the registry. (For example, learning names or dates, etc. from another relative.)

A bill by it’s very nature cannot be an adoptee rights bill if what little it gives a few adoptees comes at the direct and permanent expense to other adoptees.

HB 5428 does just that.

You don’t have to be directly affected by adoption to have good reason to oppose this bill.

Hell, genealogists should be screaming bloody murder right about now!

Again, here’s that contact list for the IL Senators.

The Senate is next in session Tuesday April 20th, 12:00 PM (Central Time Zone)

Bastard input injected into this process is vital, doubly so in light of how deeply the voices of the vast majority of adopted people have been almost entirely shut out of this process time and time again as this bill continues to go forward.

Think I’m being overly dramatic?

73adoptee has her first person account of what happened in the Judiciary Committee hearing earlier this week up on her blog. I’d strongly advise readers to go across and read through her post.

(Plus she gets extra bonus points in my personal ‘book’  for utilizing “V,” the 1983 miniseries version that is, as a central analogy in her piece.)

V

Russian adoptees & an “Adoption Blogger Day” Ah, how special!

Перевести на русский


These are Russian children, each adopted by Americans:

  • DAVID POLREIS, JR (birth name unknown)
  • LOGAN HIGGINBOTHAM (birth name unknown)
  • VIKTOR MATTHEY, born Viktor Sergeivich Tulimovnull
  • LUKE EVANS, (birth name unknown)
  • JACOB LINDORFF, (birth name unknown)
  • JESSICA ALBINA HAGMANN (birth name unknown)
  • ZACHARY HIGIER (born Nikita Khoryakovont)
  • MARIA ANASTASIA BENNETT, (birth name unknown) null
  • LIAM DMITRY THOMPSON, born Dmitry Sergeyevich Ishlankulov null
  • ALEX PAVLIS, born Alex Geiko null
  • DENNIS GENE MERRYMAN, born Denis Uritsky
  • NINA HILT, born Viktoria Bazhenova null
  • ISSAC JONATHAN DYKSTRA, (birth name unknown) null
  • NICOLI (KOLYA) EMELYANTSEV, (birth name unknown) null
  • CHASE HARRISON, born Dmitry Yakolev null
  • KELSEY HYRE
  • MASHA ALLEN

who went on to be murdered, or suffered ongoing sexual abuse, or permanent injury as a direct result of actions taken by their American adopters.


The torment these adopted kids suffered is the backdrop to current international adoption events and are why in some ways we’re even having this discussion.

I am assuming most of the folks reading this post, particularly today do not know their names, nor have you visited the graves of murdered Russian adoptees.

I have. Though I readily admit, I came in relatively late to it.

Bastardette, and her blog dedicated to tracking these cases “NIKTO NE ZABYT — NICHTO NE ZABYTO/Nobody is forgotten. Nothing is forgotten. A Memoriam for Russian Adoptees abused and Murdered by their Forever Families” has carefully preserved their memories, their pictures, and the stories behind each and every one of these names and pictures.

These are all from her site, preserved over the course of years, as she worked to keep their memories alive. They are the “before” pictures. Pictures from “before” the events occurred that lead us to remember their names now.

In light of all the ‘happily ever after’ pictures that various people will be posting today (see below) it seems the very least readers could do to take a moment and read their stories as well, if only to glean from the words on the words on a screen at least, the most basic outlines of how their “happily ever afters” came to such horrific ends.

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See Bastardette’s overview of the case studies here,  Cases: Forever Family, Forever Dead and the rest of her blog for post by post, case by case details Scrolling back through the posts provides a great deal of background to how this level of frustration and anger has built over time. How time and again, children died, their deaths touched off international incidents, and yet again and again, Russia gave the U.S. additional chances. Unfortunately all they have to show for their patience is an ever growing list of dead children.

(Also see * at bottom.)


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Also be certain to see her analysis of the consequences (and lack thereof) to the American adoptive parents:

The Russian Adopted Dead: a review of killers and sentences.


Today the Joint Council on International Children’s Services (JCICS) an adoption industry trade lobby here in the U.S. desires to clog social media with “positive adoption stories” in other words, adopter spam, (and no doubt grateful adoptee spam as well) culled from its member agencies’ adoptive parents files and email lists in a last ditch desperate attempt to try to stop Russia from ending American adoptions in the wake of the one way flight that took Artyem Saviliev from his “forever family” in the United States back to Russia.

They’ve called for an “Adoption Blogger Day.” Note that it’s not an Adoptee Blogger Day, because some of what Bastards have to say doesn’t exactly line up with the industry’s program.

Each of those tweets or FB entries or blog posts are calibrated towards a specific goal, ensuring inter-country adoptions continue. In other words,  astro-turfing up a blizzard of  ‘adoption is wonderful’ aimed at international adoption policy and maintaining the import of Russian adoptees.

Or as those of you familiar with Dune might ‘get,’ “The Spice must flow.”

Russia is after all, America’s number three supplier of adopted kids, and number one supplier of primarily “white” kids.  

So, think America wants to keep the pipeline to Russia flowing? You bet!

You think the industry is going to let that go without a fight, think again!

JCICS has a petition which they ever so humbly entitle their “We Are the Truth Petition” to be sent off to Presidents  Medvedev and Obama. Apparently they hope to crowd out any other, less feel good “truths” about Russian Adoptees and their American adopters, let alone any other voices pertaining to adoption as an institution. After all, if they are “the Truth” what does that make anyone who such much as questions, let alone disagrees? (Inherently liars?)

I’m no longer amazed by the sheer gall of the industry and its clients to lay claim to terminology the likes of “we are… .”

When it comes to adoption, adoptees ourselves are the “truth” at the core of it. We ourselves are adoption, we live adoption (some of us even die adoption), and whether we particularly like it or not, Bastards are those most inseparable from adoption.

If anyone is entitled to use the “we are” in relation to adoption, it’s adopted people, not the industry.

Such is not the case for the industry, it walks away from its “little mishaps” constantly. (Usually with a press release or ten discussing how much of an “isolated incident” such are.)

Nor is such the case for adoptive parents, as Artem’s case makes headline clear, adopters are ultimately able to walk away from their adoptions, (or perhaps send their adoptions flying away from them at the cost of a plane ticket.) Most adoption disruptions lack the media angle, but still adoption disruptions are nowhere near as rare as the pretty brochures in the agency waiting rooms would lead anyone to believe.

Parents, and other members of those families of origin so often kept in the shadows or locked behind sealed records likewise, in many ways have a much more difficult time ever leaving their aspects of adoption apart from themselves, yet some do and some family members are simply never told they have a sibling or a son out there, somewhere.

It is adopted people, Bastards alone who are and live whatever “truth” there might be in adoption, because for us it is an inescapable fact of our very being. Even in cases of Late Discovery Adoptions (LDAs) or even those never told of their adoptive status, whether aware or unaware, we are adoption.

Were adoption truely all about the kids as everyone continues to insist it is, then no adoptive parent could truely speak to whether or not any given adoption was “successful” or not, as that is for those adopted alone to decide for themselves.

It should also be noted that even in cases where a particular adoptee had what they would determine to be a “successful” adoption (compared to what exactly? Being beaten with an aluminum baseball bat, whipped, and locked in overnight in a damp unheated pump room to die like poor Viktor?) Even “successful” adoptions cannot be taken as any form of automatic support for future adoptions. That would be nothing more than “ends justifies the means.”

Yet not surprisingly that ends justifies the means thinking, and utilization of adoptive couples’ stories to co-op authentic voice and attempt to speak on behalf of what could be future Russian adoptees is precisely what JCICS is trying to pull with this little stunt.

So their “Adopton Blogger Day”? Well, let me ask the obvious, who is adoption? And are they all alive to blog their feelings about this particular matter?

In the industry’s painted picture, there is no other side to adoption, no voice other than that of the adoptawonderful (evenifthegoinggetstoughjustmakesforabettertestimony!) and thus the growing body count of dead Russian adoptees continues to be swept under the rug.

Many Americans, even adoptive parents of Russian adoptees are blithely unaware of the tragic history.

As Bastardette wrote:

“Experts” like to say that these kinds of deaths are “rare,” yet no other national or ethnic cohort of children placed internationally with US parents have sustained such abuse.

All other unpleasant truths, (to name just a few):

  • corruption
  • child trafficking
  • the heartbreak of mothers whose children have been in some cases literally kidnapped
  • lifetimes built on lies
  • the inter-country adoptee deportations (except when such stories are useful to the industry)
  • the agony of the sealed records system
  • fabricated paperwork
  • the abuse so many adoptees have suffered at the hands of their “new families,” let alone the deaths

indeed the very presence of the multi-billion dollar adoption industry itself, all are dismissed as somehow ‘not pertinent.’

‘Not pertinent’ to the industry perhaps, but to Bastards, adoptees, families (of origin) and the communities and even countries left behind these are capital “t”  Truths in adoption.

The online petition calls for an investigation and consequences to those involved in child abuse, all while conveniently ignoring JCICs own unpleasant little Truth in adoption, the fact that the very agency that placed Artem, the World Association for Children and Parents, or WACAP, is itself a JCICS member agency.

Naturally,  JCICS is collecting photographs, videos, and adoptive couple’s stories about their purchased “positive outcomes” for use in further propaganda and a media blitz.

As with the other atrocities committed by American adopters against the Russian adoptees, the broader pattern, JCICS and NCFA, the National Council for Adoption (WACAP is also a NCFA member though NCFA has done a bit of spring cleaning in the wake of Artem’s case, scrubbing WACAP from its online directory of member agencies) another  industry lobby in the DC area, when anything horrible happens it is immediately dismissed as an “isolated incident.”

Sure enough, right on schedule, after Artem the press releases are flying, each emphasizing “isolated incident!” as if such were a sacred mantra that might keep the adoption industry safe and intact if only for just one more day.

For each of the children who died or was abused by their adopters, these were not isolated incidents, they were their lives, and for those lucky enough to still be alive, now their history.

These things can only be cynically mis-labeled “isolated incidents” when it doesn’t happen to you.

Yes, the industry can point to thousands of satisfied customers. Are all those digital snapshots enough to bury a 2 year old, beaten and cut over 90% of his body before he finally expired all over again? David’s short sad life still holds meaning no matter how many tweets the industry tries to throw over his small broken body.

For the kids who were forced to endure such suffering, “isolated incident” doesn’t mean shit.

These were kids, they had names. They had family members back on the other side of the globe, upon arriving in the U.S. via adoption they held joint citizenship, American and Russian.

They matter, even if only to Bastards and Russians.

Perhaps most telling of all is the order of the wording, and the wording itself on the JCICS petition:

Recognizing that the tragic abandonment of Artyem Saviliev is an isolated incident and is not at all indicative of the thousands of successful adoptions between Russia and the United States, we, the undersigned:

– Respectfully call on President Medvedev and President Obama to lead an effort to ensure that the rights of children are protected and that every child’s right to a permanent and safe family is not interrupted due to the suspension of intercountry adoption services.

– Respectfully call on President Medvedev and President Obama to ensure that their governments aggressively prosecute any individual involved in child abuse to the fullest extent of the law.

I.E. first things first, no interruptions in the ability to export children from Russia, oh and secondly? Yeah go after any INDIVIDUAL. Not the agency that did the homestudy (Adoption Assistance, Inc. in Smyrna, Tennessee, Lisa Mosley, casework supervisor,) nor the agency, WACAP that was ultimately responsible, and most certainly never question the almost unregulated industry itself! (Doing so might call into question so many things! Why, such questioning could bring up so many of those unpleasant truths about adoption, best not to even start down that road!)

JCICS co-opts authentic voice when it insists it is now a child’s “right” to undergo inter-country adoption.

When in fact, one of the very foundational documents that recognizes children’s rights, the United Nations DECLARATION OF THE RIGHTS OF THE CHILD is quite explicit about the genuine right to remain with their family of origin barring “exceptional” circumstances. I’m only going to quote a few short sentences here, but please see my full previous analysis here, particularly relating to how it pertains to inter-country adoption:

Note the UN Declaration of the Rights of the Child. The ‘rights’ being spelled out for children entail more far more than A family, instead the ‘right’ refers to growing up within their family of origin barring “exceptional circumstances.”

See principle 6, in particular, which states in part:

He shall, wherever possible, grow up in the care and under the responsibility of his parents, … a child of tender years shall not, save in exceptional circumstances, be separated from his mother.

But of course, it’s much easier for JCICS to propagandistically turn children’s rights on their head, redefining them into some newfound ‘right to adoption’ in that the United States has signed the convention but has yet to complete the ratification process for the treaty, thus ensuring “children’s rights” here at least are up for grabs, defined by whomever has the biggest ability to draw attention, wealth, and those with power to its slick redefintion.

Being a “mere” Bastard Blogger, yet an “adoption expert” myself, on a day when the industry and its satisfied customers have set out to fill the global discourse about adoption, (this on the heels of the in many ways unprecedented and massive child grab in Haiti) I felt it important to take up what little space I can to remember those being pushed out of the narrative, adoptees.

Murdered and abused adoptees from Russia to be specific.

If you’ve read this far and are about to head somewhere else unrelated and you still haven’t followed the links over to Bastardette’s blog, “NIKTO NE ZABYT — NICHTO NE ZABYTO/Nobody is forgotten. Nothing is forgotten shame on you.

These kids deserved a hell of a lot better in life. They deserve at least a moment to be remembered on a day when the adoption industry is dead set on burying them all over again.

Adoptees in “unsuccessful adoptions” that JCICS wants to erase under piles of snapshots and their casual dismissals of just another “isolated incident and is not at all indicative of the thousands of successful adoptions… .”

I think they’re important to remember.

Too important to forget.

(birth name unknown) “DAVID”

(birth name unknown) “LOGAN”

Viktor Sergeivich Tulimov

(birth name unknown) “LUKE”

(birth name unknown) “JACOB”

(birth name unknown) “JESSICA”

Nikita Khoryakovont

(birth name unknown) “MARIA”

Dmitry Sergeyevich Ishlankulov

Alex Geiko

Denis Uritsky

Viktoria Bazhenova

(birth name unknown) “ISSAC”

(birth name unknown) “NICOLI” (KOLYA)

Dmitry Yakolev

“KELSEY”

MASHA


* Those of you who know me, would likely understand that under normal circumstances, I’m loath to utilize religious imagery, particularly that of portrayals of the madonna and child. This however is a particular circumstance. You’d have to know Bastardette, understand the Russian context, etc. Ultimately, I come out to yes, I’ll use use it in this circumstance for two reasons:

  • Firstly, just as the weeping Justice has been Bastardette’s image most closely associated with her post reviewing the killers and sentences, so too has the Madonna and child image been most closely associated visually with her overview of the cases.
  • and secondly, because while many may see in the icon notions of forgiveness, or the soon to be “martyred” child as a parable for the dead adoptees, or even some projected notion of the way adoption was ‘supposed to be’, that of the ‘loving adoptive mother’ with her child reaching up to her, what I project onto the image is the ghost of the Russian mothers left behind. When an adopted child dies an ocean away, more often than not their family of origin, even when known, is often never notified. While I do not know whether those Russian parents who could be identified are notified or not, time and time again, what I’ve seen is an absolute focus on the adoptive circumstance and family, with rarely so much as an afterthought given to the moral obligation to notify the child’s original parents. So I chose to use the image, though probably not for the reasons Bastardette or others would. I choose to use it as a firm statement that these children have Mothers too. Though in so many of these cases, Mothers who will never be able to hold their child in their arms again. In remembering these kids, we must also remember the (likely still living) families they came from as well, and hope that they have been told the truth about their children, not given some adoption archetypical bit of tripe promising a “happily ever after” or “a better life.”