Question

[serafina20]

Does anyone know if there is a certain way, either legally or just by convention, that birth mothers who have found their child put up for adoption should approach that child? I'm assuming that they don't have to use a lawyer, agency, or anything but it would seem to me that, if the child is still a minor, they would need to contact the adoptive parents. And if the adoptive parents don't want the birth mother contacting the child (while still a minor) can they file a restraining order against them or take any legal action? I am asking, of course, for a fic, because it seems that Rachel Dunleavy actions in approaching Clark without any warning was questionable (probably meant to be, but I am, as

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Does anyone know if there is a certain way, either legally or just by convention, that birth mothers who have found their child put up for adoption should approach that child? I'm assuming that they don't have to use a lawyer, agency, or anything but it would seem to me that, if the child is still a minor, they would need to contact the adoptive parents. And if the adoptive parents don't want the birth mother contacting the child (while still a minor) can they file a restraining order against them or take any legal action? I am asking, of course, for a fic, because it seems that Rachel Dunleavy actions in approaching Clark without any warning was questionable (probably meant to be, but I am, as <lj-user-"mecurtain"> spackling the holes and trying to make it fit in COTW-verse). I'm trying to find some info on adoption sites too, but thought I'd check in LJ-land.



And can anyone explain why, even though it's probably a bad idea, I seem so determined to give Dominic a baby? Not *have* a baby, but give him one? The baby has a name now. *sigh* Why?

Comments

[aelora.livejournal.com]

Actually in Kansas the laws regarding a mother contacting the child she gave up for adoption are very strict. That's one of the reasons I can't abide Lineage. The fact that Rachel showed up unannounced could have resulted in the police escorting her out of town - not them showing up demanding a DNA test, which wouldn't have taken place, either, had the adoptive parents and the minor not wished it.

Legal action can be taken against that parent. I'm not certain though if a lawyer would be needed to contact the adoptive parents or not though. I can see what I can find out...

[serafina20.livejournal.com]

I didn't think it could be as easy as the showed. And the DNA test seemed way out of line. I understand why the Kent's didn't want it to go to court if they didn't think their papers woudl stand up, but surely they had the legal high ground going. From what I've read, you can't gen unseal records of a minor without the adoptive parents consent unless it's for medical reason.. (At least, I think; I could have read it wrong).

Thanks for the help.

dragongrrl13 again

[(Anonymous)]

Usually the birth parents send a letter to the adoptive parents once they have found the child, usually through a detective agency that specializes in this sort of case. A lawyer or advocate can be used to make contact as well. However, if adopted child is a minor the ultimate decision of revelation is *always* the choice of the adoptive parents after the period when the birth mother can take the child back. That period can be anywhere from 30 days to a year from the time of surrender, depending on the local laws of the state where the adoptive family resides(at least the last time I checked). If the birth parent(s) persist in attemting contact without the adopted parents approval, the adoptive parents can take legal action under harrassment, stalker, or custodial interference depending on the specific nature of the situation and can *usually* get a restraining order. That always bugged me about Lineage too, but the real way would have made for a really boring show:) Ah yes, Rachel Dunleavy would have no legal grounds or right to demand a DNA test or custody unless she had not signed a consent to release the child for adoption or could prove she had been mentally incompetent to do so at the time of the surrender. She *could* request one, but again the adoptive parents would have to consent, and she would usually be expected to pay the full cost of the test as well. The repository of useless trivia and facts at your disposal, milady:)

Re: dragongrrl13 again

[serafina20.livejournal.com]

That's what I figured, but wasn't sure. Common sense told me that there was no way that a minor should be approached before the adoptive parents were contacted but, as people say, common sense isn't always very common and I could be way off my mark.

And I actually think they could have had a story that was interesting even if they chose to use closer approximation of the law. It would take some fancy writing and perhaps, gasp, a two or three episode arc while the battle was being fought (of course she would still kidnap Lex because Lex in danger is always fun), but I'm sure it could have been done. *sigh* The episode was the epitome of "the easy way out" and it bothers me that the writers tend to take that path as often as possible instead of building up a more ... I guess realistic is the word, storyline.

Anyway, thank you so much for you help! Any time you have more "useless" trivia, I'd be glad to hear it. And if you'd like a livejournal, I have a lot of codes so you can take one. :)