National reform to ensure birthfather rights

[david archuletta]

Just the mention of birthfather [BF] rights puts a lot of people on edge. Truly, I think the word adoption and BF abandonment are as one in the mindset of a growing concenous of the American public. That said, I have put together the following facts to show how the above statements have led to the implementation of laws enacted to further this BF discrimination.

In the state of New Jersey, an out-of-state birthmother does not have to name a birthfather if she decides to put her newborn child up for adoption. This would apply even if she told the adoption agency or adoption attorney. She must however, sign an affidavit stating that she does not know who the birthfather is, or that she refuses to name him.

Once the BM signs this affidavit it releives the adoption agency of having to search for a BF to inform him of the pending adoption of his child. However, if the BM told the adoption agency that she did know where and how to contact thr BF, THEY MUST initiate a search for him. The bottom line is, if an agency received information of a BF either directly or indirectly they must try to contact this BF to inform him of the adoption. This law only applies to the adoption agency for the time period of 120 days after the birth. If the agency found out about BF info 1 day after the 120 day time period they do not have to act.

Now for the double-standard in the State Statute N.J.S.A. 9:3-39 1[b]. If an adoption attorney received information either directly or indirectly about a possible BF within the 120 day time period he does not have to tell anybody about his knowledge of a BF. Even if he knows [I am sure they do] that the adoption agency he is working with must search for a BF if they had his information. Does an adoption attorney in NJ have devine right? There also the possibility of an adoption attorney blockading information sent to warn of possible fraud about to take place. [As in my case] Example, an Obstetrician for the BM placed a call to an adoption attorney to inform him of a possible BF frantic in search of his pregnant GF. This BF was not married to the BM so the OB could not divulge any information to him. However, on her own, she did the next best thing. The OB told the attorney the BF's name and dilema. OBVIOUSLY, this OB thought her information would be examined by proper authorities. Not so, the attorney can withold such info, forever and a day. Why would he do this? It is for the reason of profiteering. What other reason could there be?

There is something far worse than such greed. This OB gave him all medical records concerning the BM and the BF,s nuerilogical desease. One would think that the childs new pediatrician would want this information with the advances in genetic research, and peventive therapy. Not surprisingly, there is not mention of BF or his condition in the states copies of the BM's med-recs.

Is the act of adoption becoming a commodity to be bought and sold. The adoptive parents just want a child to love as one of their own. However, there is a certain percentage of unscrupulous facilatators out there wanting to make a buck with the lives of others.

N.J.S.A. 9:3-39 1 [b] is a perfect set-up for a conspiring adoption agency and same adoption attorney to manipulate the system. It allows attorneys to obstruct justice without reproach. Would not the adoption judge want to be privy to all information concerning the adoption at hand?

These are my veiw points and would welcome any conversation concerning the adoption of my son, up to a point anyway. In the next few days, if anybody is interested, I have an idea that would bring about reform on these issues. Thank you, David Archuletta

[david archuletta]

Bobbi,

Hello, It is nice to meet you. Thank you for your kind words. It is nice to hear your story on the adoptions of two sons. I have the utmost respect for people who adopt; be it medical or a spirit inside to care for the children of the world. I am glad your sons are well adjusted. They, I can tell have wonderful parents.

It is nice to speak with someone about this quagmire of an adoption scandal. However, although it is to late for me, there are others out there in the early stages of the same predicament.

Bobbi, one reason why BF's have no rights is because the powers that be look at the situation from a mathematical point of veiw. The intention was not to strip a BF of rights, but rather to lump them as a whole according to their calculated actions when it comes to responsibility. It is true that for the most part 9 out of 10 BFs sigh with releif because the system is set up this way. In actuality the BF brought this on himself.

The key to fixing this problem is that we must put a human aspect, instead of a number on this growing delema. After all we are not talking about pennies missing from the till when the days receipts are conted. To the contrary, we are talking about missing children in hearts of extended families not just birthfathers.

That said, it has taken me 4 years to put the Rosie O'Donnell funded Children of the World Adoption Agency, and it's corrupt exectutive director out of business. If it were not for this agency, an of equal intent attorney blockcading crucial information I would have my son with me today. In the future you may hear that regardless of the scandal involved with the adoption, that my son is in a better place. [My Parkinsons disease.] But to tell the truth, only under the most direst conditions would of I allowed him to be adopted.

I do not want to take up all the spaced on this blog site, but I will tell you about my thoughts on a simple plan that would let states do their own thing as far as adoption statutes, yet give a BF more than a glimmer of hope. Thanks for the site you mentioned, I will check it out, maybe they can help me publish or direction concerning my book. Catch'ya later in the day.

[Bobbi Grubb]

David,

I am grieved to hear your story. I am an adoptive mom of 2 sons, and we were very blessed to actually meet both birthfathers prior to our adoptions. In the case of our oldest son, who is now 13, it has been wonderful to give him the same information about his birthfather that we have given him about his birthmother. It has answered a lot of questions he has had and has been very healthy for him. I counsel birthmothers at a crisis pregnancy center, and I always encourage them to be forthcoming about the birthfather and I encourage them to get him involved. I also counsel couples who are adopting to tread carefully when a birthfather is unnamed or intentionally left out of the process. It does concern me that birthfather rights are being ignored. Many birthfathers are not deadbeats and want to be involved. Some may want to parent. It is sad that fathers are required to provide support if a woman decides to have a child, but his rights can be stripped if she decides to have an abortion or make an adoption plan. That is truly a double standard. Having the birthfather invoIved in an adoption is also good for the child (as we can attest), and I believe it offers a sense of confidence on the part of the adoptive parents. They know there are no loopholes and a birthfather is not going to appear someday distraught that he was excluded. I am truly sorry about your negative experience. If you are interested in our very positive experience, please visit my publisher's web site www.outskirtspress.com/masterpieceofjoy. I have been involved in adoption work for over 10 years and have always advocated for birthfather rights. I would be interested in hearing your idea about reform in this area. I'm not sure I can get involved (as I have many irons in the fire right now), but I would like to hear your thoughts and would like to remain informed of your work. Blessings to you!