Month: June 2011

Natural Parents Adopting-Back / Adoptees Terminating Our Adoptions

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[Update of July 2012]   This post was originally published a year ago, to announce that the Facebook group that was formerly called Adopting-Back Our Children” changed its name and expanded its focus to become “Adopting-Back Our Children / Adoptees Terminating Adoptions.”  As the Facebook group and the accompanying website have both grown and changed over the past year, it is time for an update.

This group has a history dating back to 2002, when it was an MSN Group of the same (old) name hosted by a natural mother named Scarlett West and myself.  When MSN shut down its groups, we moved onto Facebook to continue there.  I fell out of touch with Scarlett.  Once she had adopted back both her stolen twin daughters,  I think she was able to finally able to put adoption entirely behind her and focus on the rest of her life.  Her family has been healed from adoption separation, and her daughters are back home with their mother again, healing from the abuse they suffered at the hands  of a racist, unbalanced woman who should never have been allowed to adopt.

Anyway, back to the topic of the group.  For years, the group and the site focused on the legal process of adopting-back, which of course has always been the “second-best” option, because the very best option would be for all adoptees to be able to terminate their own adoptions as they saw fit.   But, we were unable to gather much information about this being done — until an adoptee joined our Facebook group and told us all about how she was able to legally terminate her own adoption via a Private Members Bill in Alberta.

So we found out that terminating an adoption is not only possible, but it has been done with some frequency in Alberta.   One of these Acts was passed fairly recently in fact, in 2009, the Beverly Anne Cormier Adoption Termination Act.    This excerpt from the Standing Committee on Private Bills  proceedings gives some details of why a private members bill was used:

“Ms Dean: Certainly, Mr. Chair. As all committee members are aware, a private bill seeks something that’s not available through the general public law. Bill Pr. 1 is seeking the termination of an adoption order because, basically, the petitioner is unable to get recourse in any other way. A person is unable to set aside an adoption order after one year unless it has been procured by fraud. Now, that’s not the case here. There’s been no fraud, so this is the appropriate tool by which one goes about terminating an adoption of this type. It’s a fairly rare type of bill, but these have come before the Assembly before. The most recent one was in 1998.”

Other adoption termination acts have included:

In addition, Mike Chalek was able to get his adoption terminated in a Florida court. , which provides a different means that adoptees can try.   The problem in Mike’s case is that it took the proof of fraud for the judge to grant the petition.   It is uncertain what type of proof other judges may deem to be “sufficient grounds.”  Also published this year was an E-How article, “How to Nullify an Adoption for an Adult.”  I do not know if this article is actually based on real experiences or not, or is  (as many E-How articles appear to be) just a “spam page” having the sole purpose of  displaying a profuse amount of advertising.

But I cannot think of why anyone would deny that all adoptees should have the option to choose whether they want to remain adopted or not.  If they were adopted as an infant or young child, no-one asked them if they wanted to be grafted into a family of genetic strangers.  Some adoptees may choose the termination route, and some may be be perfectly happy with how things worked out in their adoptive families.  But all adoptees should be able to make that decision, unilaterally, of their own choosing.

Justice for Children taken in the Sixties Scoop

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Some great news that was published in the paper today is that a lawsuit has been filed by Sixties Scoop survivors, against the government that took them from their parents: Lawsuit filed for ‘Sixties Scoop’ kids”

Related to this, I wanted to share this with you a new article from Wikipedia at http://en.wikipedia.org/wiki/Sixties_Scoop.

“Sixties Scoop”

The term Sixties Scoop was coined by Patrick Johnston in his 1983 report Native Children and the Child Welfare System.[1][2] It refers to the Canadian practice, beginning in the 1960s and continuing until the late 1980s, of apprehending unusually high numbers of children of Aboriginal peoples in Canada and fostering or adopting them out, usually into white families.[3].

Reder (2007) reports that the adult adoptees who were the subjects of this program have eloquently spoken out about their losses: loss of their cultural identity, lost contact with their natural families, barred access from medical histories, and for status Indian children the loss of their status [4]

An estimated 20,000 aboriginal children were taken from their families and fostered or adopted out to primary white middle-class families [5],[6]

This government policy was discontinued in the mid-’80s, after Ontario chiefs passed resolutions against it and a Manitoba judicial inquiry harshly condemned it. [7] This judicial inquiry was headed by Justice Edwin Kimelman, who published the File Review Report. Report of the Review Committee on Indian and Métis Adoptions and Placements [8] (also known as the Kimelman Report).

Two lawsuits have been filed in Canada by survivors of the Sixties Scoop, one in Ontario in 2010 [9][10] and one in British Columbia in 2011.[11]

Use of the Term

The term “Sixties Scoop” has wide usage in Canadian media:

“A new report shines a light on the “sixties scoop,” where unusually high numbers of native children were put into foster care or adopted, usually by white families. [12] (CBC Radio Archives, 1993)

“Lawsuit filed for ‘Sixties Scoop’ kids,” (The Victoria Times Colonist, June 1, 2011) [13]

“The ‘Sixties Scoop’ is a term that refers to the phenomenon, beginning in the 1960s and carrying on until the 1980s, of unusually high numbers of children apprehended from their native families and fostered or adopted out, usually into white families…” (Reder, 2007) [14]

“Commonly referred to as the Sixties Scoop, the practice of removing large numbers of aboriginal children from their families and giving them over to white middle-class parents was discontinued in the mid-’80s..” (Eye Weekly, Toronto Star Newspapers Ltd.). [15]

“B.C. natives sue federal government for millions over ‘Sixties’ Scoop’.” (The Vancouver Sun, May 31, 2011)[16]

Similar social developments in other countries

An event similar to the Sixties Scoop happened in Australia where Aboriginal children, sometimes referred to as the Stolen Generation, were removed from their families and placed into internment camps, orphanages and other institutions. A similar term, Baby Scoop Era refers to the period in United States history starting after the end of World War II and ending in 1972,[17] characterized by an increased rate of pre-marital pregnancies over the preceding period, along with a higher rate of forced adoption[18].

References

  1. ^ Johnston, Patrick (1983). Native Children and the Child Welfare System. Publisher: Canadian Council on Social Development. Ottawa, Ontario
  2. ^ CBC Radio (March 12, 1983) “Stolen generations” Program: Our Native Land. Broadcast Date: March 12, 1983. http://archives.cbc.ca/programs/535-16036/page/1/
  3. ^ Lyons, T. (2000). “Stolen Nation,” in Eye Weekly, January 13, 2000. Toronto Star Newspapers Limited.
  4. ^ Reder, Deanna. (2007). Indian re ACT(ions). For Every ACTion – There’s a Reaction. First Nations Studies Learning Object Model. University of British Columbia
  5. ^ Philp, Margaret (2002). “The Land of Lost Children”, The Globe and Mail, Saturday, December 21, 2002, http://www.fact.on.ca/news/news0212/gm021221a.htm
  6. ^ Crey, Ernie, & Fournier, Suzanne (1998). Stolen From Our Embrace. The Abduction of First Nations Children and the Restoration of Aboriginal Communities. D&M Publishers Inc. ISBN 978-1-55054-661-3 Winner of the BC Book Prize Hubert-Evans Prize for Non-Fiction
  7. ^ Lyons, T. (2000). “Stolen Nation,” in Eye Weekly, January 13, 2000. Toronto Star Newspapers Limited. http://www.cuckoografik.org/trained_tales/orp_pages/news/news5.html
  8. ^ Kimelman, Edwin (1984). File Review Report. Report of the Review Committee on Indian and Métis Adoptions and Placements. Winnipeg: Manitoba Community Services.
  9. ^ Chiefs of Ontario – UPDATE Preparation for Special Chiefs Assembly. 60s Scoop Litigation. Downloaded from http://www.nanlegal.on.ca/upload/documents/coo-60s-scoop-litigation-update-final.pdf
  10. ^ “Former CAS wards seek billions in lawsuit” Wawatay News, July 22, 2010, Volume 37, No. 15. http://www.wawataynews.ca/node/20094
  11. ^ Fournier, Suzanne (2011). “B.C. natives sue federal government for millions over ‘Sixties’ Scoop’.” The Vancouver Sun, May 31, 2011. Postmedia News.
  12. ^ CBC Radio Archives (Print Edition, March 16, 2011). “Stolen Generations” http://archives.cbc.ca/version_print.asp?page=1&IDLan=1&IDClip=16036
  13. ^ “Lawsuit filed for ‘Sixties Scoop’ kids,” The Victoria Times-Colonist, Wednesday, June 1, 2011, http://www.timescolonist.com/life/Lawsuit+filed+Sixties+Scoop+kids/4872693/story.html Accessed 1 June 2011.
  14. ^ Reder, Deanna. (2007). Indian reACT(ions). For Every ACTion – There’s a Reaction. First Nations Studies Learning Object Model. University of British Columbia
  15. ^ Lyons, T. (2000). “Stolen Nation,” in Eye Weekly, January 13, 2000. Toronto Star Newspapers Limited.
  16. ^ The Vancouver Sun, May 31, 2011. Postmedia News.
  17. ^ The Baby Scoop Era Research Initiative
  18. ^ Fessler, A. (2006). The Girls Who Went Away; The Hidden History of Women Who Surrendered Children for Adoption in the Decades Before Roe v. Wade. New York: Penguin Press. ISBN 1-59420-094-7

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