[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:
- Tanya Marie Bryant Adoption Termination Act (1998)
- Kenneth Garnet McKay Adoption Termination Act (1997)
- Satnam Parmar Adoption Termination Act (1990)
- David Michael Skakun Adoption Termination Act (1985)
- Dino Alberto Knott Adoption Termination Act (1984)
- Keith Dial Adoption Termination Act (1980)
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.