Apparently, this issue of what to do with the children of illegal immigrants who are jailed or detained, is one that goes on throughout the country.  Here, in Missouri, where this current case is under review, there are plenty of articles on this adoption case. 

Personally, I am very interested in this adoption case for a few reasons.  First, it’s taking place in my home state.  Second, it’s about adoption and that is always a topic of interest to me.  I’m always trying to read current events regarding adoption policies and personal adoption stories.
Lastly, the birth mother of one of my children was an illegal immigrant.  She did go through the proper channels to terminate her parental rights but she could easily have been in the middle of one of these legal battles.
Living in the Midwest, I admit that the issue of illegal immigrants is not one I thought of often.  But now that one of my family members is one, I feel obligated to learn as much as I can about their plight and what their legal rights are.  In this forum, I am not trying to begin any “What should the US do with the illegal immigrant situation?” discussion.  I am just saying that in the adoption community, where we are advocates for children,  we should be aware of the children who are born in the US to illegal immigrants.  The fate of these children, if their parents are jailed, detained or deported, needs to be figured out.  I have no idea what the right answer is.  For example, in this ongoing Missouri case, should the boy be taken away from his adoptive parents whom he loves dearly?  Or should he go to Guatemala with his birth mother, who he does not know?  There is no easy and obvious answer which doesn’t bring heartache to someone.

Do you have any additional thoughts on this legal case?

Danielle Pennel
AFC Community Moderator

I work as an English as a Second Language teacher so the plight of illegal immigrants is near and dear to my heart.  I also am adopting from Ethiopia instead of domestically because I don’t want a family member to ever take me to court to dispute my place as my child’s mother.  That said, I would never ever seek unethical or illegal adoption because it hurts all those who go through the proper courses to get their children.  These adoptive parents were turned down to adopt and turned to an unethical means in order to get a child.  The child belongs with the birth mother, she did not give him up and therefore has all rights to him.

The boy belongs with his biological mother.  As an adoptive mom myself, I feel nauseous just thinking what the Mosers must be going through.  But even they admit proper channels were not followed.
Weird – I keep thinking of the Elián González case.  I know it had nothing to do with adoption…but EVERYTHING to do with parental rights.  And I think that is what this will all boil down to as well.

I don’t think this is complicated at all.  If the birth mother did not agree to termination of her parental rights, then the adoption was not legal and the boy should be returned to his birthmother.  I am appalled that has not happened yet.  If the adoptive parents prevail, would that not be an incentive to people trying to illegally adopt children whose parents are illegal immigrants?  There should not even be discussion of the birthmother’s fitness as a parent.  That is her child, she did not want to have him be adopted, end of story. 

Els

I am now thinking about adopting a child. And here is what I think, if adopting a child whose mother is alive - I would first do everything possible to make the child live with her biological mother. And I would rather adopt the one who does not have biological parents at all. Because in any case, always, it is better for a human to have his biological mother with him.
I also understand the feeling of those who cared of a child during that 4 years, how they felt in love with a babe and how much they feel they are right; and that might be also that biological mother is not considered the best person in the world (if she was in prison). But. 1) false SSN is not that big crime concerning a child, it is not drugs or murdering someone; 2) biological mother is always the best choice for a child, whatsoever.