I’m seeking input on legislation pending before the Senate. What should the penalties be for people who bypass the legal adoption process and permanently place or receive children through online forums?
The question comes up in the context of legislation to address the phenomenon of “rehoming” of adopted children. In 2013, Reuters did an exposé of online forums where adoptive parents wanting to move a child out of their home connect with people wanting to parent a child. After adoptive parents bring a child home, they may learn that, perhaps as a result of abuse or trauma, the child has behavior issues that they are unable to manage.
In at least a few instances, adoptive parents have turned to online forums to “rehome” the children that they have adopted. The Reuters exposé focused on one particular receiver of rehomed children who had a long history of involvement with social service agencies and affiliation with child sexual abusers. It is possible that most of the people seeking children on these online forums are fit parents, but the exposé certainly established that absent the involvement of social agencies in the adoption process, children are at risk of being placed in unsafe homes.
The informal rehoming of children with strangers may be a rare phenomenon. According to one estimate, there have recently been 125 thousand adoptions per year in the United States. Yet a recent report from the General Accounting Office observed eight forums on two websites for 15 months and only identified 23 posts by people offering to give up children. Reuters estimated that one child per week was advertised on one Yahoo group. Yet, even at a relatively low volume, it is clear that children are at risk.
The legislation before us would strengthen the education and support of adoptive parents and strengthen the response in cases where adoptions appear to breaking down. I certainly support the goals and most of the details of the legislation.
The part of the legislation that I am struggling with is the criminal penalties. The act strengthens existing penalties for unlicensed people who advertise children. I have little difficulty with that language, but the proposed bill goes on to impose felony liability on people who give up or receive a child in response to an advertisement. A person with the best of intentions, but with limited knowledge of our legal system, could commit the crime of receiving a child in need and find themselves being punished for attempting to do good. The person who gives away a child in response to an advertisement seems more likely to deserve condemnation, but we do already have penalties on the books that apply to them. Unless they go through the court adoption process, they legally remain the parents of their natural or adopted children and might be criminally liable for abandonment if they put their child in harm’s way. If they knowingly place their child with a child exploiter, they likely would be guilty of human trafficking.
So, here is the question that I’m looking for public reactions to. Is anyone acting on an ad about offering or placing kids doing something so obviously wrong that it is fair to make them liable as felons? Or should we reserve the felony liability for people who actually abuse children or negligently put children at the mercy of abusers? I’d really appreciate hearing reactions to this.
- University of Oregon Adoption Project — Massachusetts Statute of 1851
- Britannica online regarding history of adoption.
- General Accounting Office Report on Unregulated Custody Transfers.
- Child Welfare Report on adoption disruptions.
- Bureau of the Census Report on Adoptive Children in 2010.
- National Infertility and Adoption Education Nonprofit.
- Massachusetts Trial Court legal resources on adoption.
- Department of Children and Families resources on adoption
- Notes on allocation of parental powers and duties