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- <text id=93TT1408>
- <title>
- Apr. 12, 1993: The Ties That Traumatize
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Apr. 12, 1993 The Info Highway
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 48
- The Ties That Traumatize
- </hdr>
- <body>
- <p>A bitter custody battle over Baby Jessica sets adoptive parents
- everywhere on edge
- </p>
- <p>By JON D. HULL/CHICAGO--With reporting by Joseph R. Szczesny/
- Ann Arbor
- </p>
- <p> Sometime before midnight on April 20, two-year-old
- Jessica DeBoer of Ann Arbor, Michigan, is scheduled to
- disappear, leaving behind a heartbroken couple she calls Mommy
- and Daddy, a dog named Miles, her yellow bedroom and just about
- everything she has ever known, except perhaps a few favorite
- stuffed animals. Under court order, the dark-eyed, inquisitive
- girl will be transported 400 miles west to the small farming
- community of Blairstown, Iowa, to begin life anew as Anna Lee
- Schmidt.
- </p>
- <p> Jessica is not likely to go quietly. The child is the
- victim of an appallingly slow and wrenching struggle between the
- couple who conceived her and her would-be adoptive parents who
- have held and nurtured her almost since birth. Last Tuesday,
- the claims of blood prevailed when the Michigan Court of
- Appeals deferred to an earlier ruling of the Iowa Supreme Court
- that granted custody of the girl to her biological parents,
- Cara and Daniel Schmidt. Now the other couple, Roberta and Jan
- DeBoer, have 21 days to appeal a decision that has sent shudders
- throughout the nation's adoption community. Says Mary Beth
- Seader, vice president of the National Council for Adoption:
- "People don't trust the permanency of American adoption
- anymore."
- </p>
- <p> Jessica's troubles began 40 hours after she was born in a
- hospital in Cedar Rapids, Iowa. It was then that her mother
- Cara, 28 and unwed at the time, waived her parental rights and
- put the infant up for adoption. Cara identified the father as
- her boyfriend at the time, Scott, who also consented to the
- adoption. Elated, the De Boers, who had arranged weeks earlier
- to adopt the child, drove all the way from Ann Arbor to claim
- their new baby. Soon after returning home, they received a
- letter from Cara that read, "I know you will treasure her and
- surround her with love, support her, encourage her to dream, to
- reach for the stars...God bless."
- </p>
- <p> That blessing soon became a curse as Cara started to have
- second thoughts. Six days after the birth, she informed
- ex-boyfriend Daniel Schmidt that he had actually fathered the
- child; she had listed Scott as the father partly to avoid the
- embarrassment of acknowledging an ex-lover. Anguished, Schmidt
- promptly launched a legal battle to terminate the adoption
- proceedings. Backed up by blood tests proving his paternity, he
- blocked the adoption in Iowa courts.
- </p>
- <p> Daniel and Cara married last April. With help from a Des
- Moines-based antiadoption group called Concerned United Birth
- Parents, they fought the DeBoers all the way to the Iowa Supreme
- Court, which ruled 8 to 1 last September in favor of the
- Schmidts' right to custody. The DeBoers then turned to Michigan
- courts and won a round last February when a lower court ruled
- that Jessica's best interests would be served if the child
- remained in Ann Arbor. That ruling was unanimously overturned
- last week by the appeals court, which sidestepped the merits of
- the case by denying the lower-court jurisdiction. Said Roberta
- DeBoer: "This is like death. Our daughter is dying."
- </p>
- <p> During the legal wrangling, Baby Jessica has been growing
- up in the DeBoers' Cape Cod-style home, listening to bedtime
- stories and practicing words like Mommy and Daddy. The prospect
- that she might be legally taken from her home--which even the
- Iowa courts considered "exemplary"--has dumbfounded many
- Americans. But while the DeBoers have garnered the most
- sympathy, they also share part of the blame. Within weeks after
- they first tucked Jessica into her new nursery, Roberta and Jan
- learned that the biological parents were fighting to regain
- custody. By choosing to dig in even after the adoption
- proceedings were nullified, the couple risked defeat later, when
- transfer to another home would be more devastating for Jessica.
- </p>
- <p> Though the National Council for Adoption estimates that
- less than 1% of the 50,000 U.S. adoptions each year are
- contested, Jessica's case raises alarming questions for millions
- of adoptive parents. In at least half of all adoption cases, the
- natural fathers can't be located. What now if a contrite dad
- reappears? And what if the wrong biological father gave his
- consent? "Are we going to have a DNA test for every putative
- father?" asks Susan Frei valds, executive director of Adoptive
- Families of America.
- </p>
- <p> In custody and adoption suits, courts are guided by law to
- favor the claims of biological parents unless abandonment, abuse
- or neglect can be proved. In ruling on Baby Jessica's case, the
- Iowa Supreme Court issued a broad defense of parental rights,
- arguing that the courts "are not free to take children from
- parents simply by deciding another home offers more
- advantages." Many child-welfare activists were angered that
- Jessica's welfare was not weighed more heavily by the court.
- Says Freivalds: "Apparently, adult property rights to a child
- supersede what's best for the child."
- </p>
- <p> Sometimes even abandonment is permitted. In Connecticut
- two years ago, an 18-year-old mother using a false name
- abandoned her child in a New Haven hospital just hours after
- giving birth. More than five months later, she resurfaced and
- sued to regain custody of the child, who had since been adopted.
- Last December the state supreme court upheld a lower-court
- ruling granting her custody even though she was living in a
- shelter for the homeless at the time.
- </p>
- <p> Daniel and Cara Schmidt surely must think they will make
- the best possible parents for Jessica, and the child may agree
- when she is older. But that will be small comfort to her on the
- morning of April 21 if she wakes up in a completely different
- house under the loving gaze of strangers.
- </p>
-
- </body>
- </article>
- </text>
-
-