Strollerderby

Girl Returned To Birth Parents After Seven Year Custody Battle

Posted by Amy S.F. Lutz

I'm sure I'm not the only one secretly obsessed with tales of Adoption Gone Wrong.  I don't know why - I'm not adopted myself, and I've neither adopted a child nor given one up for adoption.  Maybe it's because these kinds of stories represent the breakdown of the family at its most extreme.  Whenever I hear one, I have a good, cathartic cry, and go hug my kids, thanking God that no one can ever take them away from me.

Still, I don't think I've ever heard of a child this old being returned to her birth parents.  Anna Mae He, an eight-year-old Chinese girl, was recently removed from the home of the American family with whom she had lived for the past seven years.  Her birth parents are planning on taking her back to China shortly with her two younger siblings.

To be fair, it seems like the birth parents never thought they were giving up custody of Anna forever.  When she was one, they accepted an offer from a Memphis couple to foster Anna while they struggled to find their financial footing.  After a few months, the couple began the adoption process even though Anna's parents wanted her back.    

The big question is, why did this case go on for seven years?   I'm no legal expert, but it seems to me these types of cases need to be given top priority, and resolved with utmost speed. Experts report that Anna has handled her transition well, but I just don't believe a rupture this catastrophic won't leave significant scars.  

Time to go hug the kids again . . . 


+ DIGG + STUMBLE

Comments

 

Susan said:

I live here in the Memphis area and it's been a HUGE story for a long time. I have to say that yours is the most well-reasoned piece on this mess that I have yet read, and I have three adopted Asian girls. I certainly agree with adoption WHEN the birthparents know exactly what is going on. It is horrible to read how this adoptive family has tried to smear the reputation of this Chinese family. I don't blame them at all for taking their children back to China. What a nightmare for all involved, most of all that little girl. The real reason this case went on for seven years (in my opinion)? The adoptive family garnered the support of a high-priced lawyer and cried in the press how they were the only family the girl had ever known.  

January 2, 2008 11:11 PM
 

Autumn said:

The US family never adopted the little girl.  They were only her guardians.  As an adoptive parent I was overjoyed to hear she was reunited with her birth family since they wanted her all along.  The US family is to blame for the delay in placing her back with her China family and they are to blame for any trauma she might suffer from a 7 year delay.  Shame on them!  If they had truely cared for her they would have reunited her with her family much. much earlier.  They were selfish.

January 2, 2008 11:24 PM
 

Susan said:

You're right Autumn, I should have said prospective adoptive parents. The parental rights of the He's were terminated and full custody was given to the Bakers, but they had not yet adopted her.

January 2, 2008 11:36 PM
 

baby girl said:

I cant understant what where the birth parent thinking, I feel said for the parents how grow this little girl for 7 years.

January 3, 2008 4:42 AM
 

Foster-Adoptive Mom Too said:

A court of law terminated the He's rights to Anna years ago, paving the way for her permanency through adoption. The He's appealed that termination and won. That is what took so long. There is a federal law, or mandate, in this country that is supposed to protect children from such tremendous trauma that is the Adoption and Safe Family Act. Or ASFA, which was grossly violated in this case, as were Anna's rights as a U.S. citizen and foster child. The Bakers operated under the assumption that their adoption would be finalized once the appeal was dismissed. The courts screwed up in this case and terminated the He's rights on allegedly flimsy grounds (per the appeals court opinion), not the Bakers actions. The Bakers followed the lower court's orders, and they did not  withhold the child from the Hes illegally. After a termination, there are no visits with biological family allowed. Period. If the He's had not had such international political and legal backing by their own media exposure decrying Anna's "kidnapping", Anna would be adopted by now. She would also not have suffered as she has in losing her entire family and life.

The best interest of Anna would have been to stay with her psychological family, as the ASFA dictates.

January 3, 2008 10:16 AM

About Amy S.F. Lutz

Amy S.F. Lutz's work has appeared in dozens of literary journals, including Cream City Review, The American Poetry Review, Puerto del Sol, and Mid-American Review. She and her husband have five children. Amy and her sister chronicle their adventures in communal living in their blog whoelsewantstoliveinmyhouse.com

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