"Re-Homing" of adopted children is Child Abandonment

There has been lots of attention on this topic from Reuters article. The article highlights several disturbing situations where desperate adoptive parents who have had serious problems with their newly adopted children have placed the children without legal safeguards with predators.  The new families were not properly screened, no legal procedures were followed, and the children were unknowingly placed into dangerous situations. Although the article seems to imply that this practice is widespread based on unproven statistics, it does raise serious concerns which should be addressed. 

I am a member of the American Academy of Adoption Attorneys (AAAA). AAAA has formed a working group to address this issue.

It is critical to use the correct terminology to describe the break-up of a family and the transfer of a child to a second family. The current popular term of "re-homing" is a misnomer. It has recently been used by the media to describe the transfer of adopted children from the guardianship of their parents without the approval of the courts or public child welfare agencies, and with a negative connotation. However, "re-homing" could include the successful transfer of a child to a second family if all proper safeguards, procedures, or approvals have been obtained. The accurate term to describe this situation where a child, either adopted or biological, is placed at risk by his or her parents, and as defined by state welfare agencies throughout the country, is "child abandonment" which is fully addressed under existing laws in every state.


For consistency and accuracy when dealing with these issues, "re-homing" should not be used, and the following terminology should be employed:
Adoption Disruption - this occurs when an intervening event prevents an adoption from being finalized.
Adoption Dissolution - this occurs when events cause an adoption after it is finalized to dissolve.
Child Abandonment - this occurs as defined under existing state law, and which may include placing a child at risk by transferring the child to another family without employing the proper safeguards, or going through the appropriate legal process.

A Senate hearing to investigate child abandonment was held on July 8, 2014.  AAAA has prepared draft testimony in connection with this hearing.  Here is a summary of our proposed remarks:

(Draft) Testimony of the American Academy of Adoption Attorneys (AAAA)

.........A recent survey of AAAA Fellows revealed that the frequency of post-adoption dissolution – cases in which parents conclude they are unable to successfully raise an adopted child – is extremely low when compared to the total number of adoptions. Nevertheless, making sure that the child or children in such cases are protected and are placed with secondary families in a secure and permanent home is essential. Involvement by AAAA Fellows has gone a long way to help achieve this goal.

The term “re-homing,” more commonly used by pet owners seeking new homes for their animals, has recently been used to describe the transfer of adopted children from the guardianship of their parents without the approval of the courts or public child welfare agencies, and with a negative connotation. A more accurate term to describe these situations where a child, either adopted or biological, is placed at risk by his or her parents, is “child abandonment.”

Recent media attention on post-adoption child abandonment has prompted AAAA to establish a committee of experts to consider the issue as well as  what potential legislative opportunities might exist to address it. While no state or federal law specifically prohibits parents from seeking to place their child or children with a new family, the AAAA committee of experts on the topic has found that if it is not done appropriately and with proper safeguards, these actions can be equated to child abandonment, which is fully addressed under existing laws in every state.

The correct lens by which to judge any proposed policy or legislation which attempts to curtail child abandonment, whether of a biological child or of an adopted child, must always be the best interests of the child. While certain concrete steps can be taken to address this issue, AAAA cautions against new and broad federal regulation. Such measures have the potential to stifle legitimate independent, non-agency adoption, thereby making adoption unaffordable for many loving families, and to eliminate many appropriate placements of children by state agencies from foster care through the internet and other public domains.........

We must protect adopted children but we have to be careful not to overregulate. Overregulation might lead to a decline in placing children into appropriate homes.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
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This blog and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2014.