ACT ONE Newsletter for August 2008

Support for Foster-to-Adopt Parents

A foster/adopt parent has had a child in their care for over one year and files to adopt. Too often they are confronted by a heretofore unknown and uninvolved blood relative who files a competing adoption petition. The argument is made by the “kin-come-lately” that genetic or “blood” ties must prevail over long-term relationships.

Increasingly the “blood relative” argument is being challenged. Most recently the Child Welfare League of America (CWLA) has redefined kinship more inclusively, to include bonded relationships. In their Fact Sheet on Kinship Care (2005) they state:

“Kinship care is the full-time care, nurturing and protection of children by relatives, members of their tribes or clan, godparents, stepparents, or any adult who has a kinship bond with a child. This definition is designed to be inclusive of culture, values, and ties of affection. It allows a child to grow to adulthood in a family environment.”

The CWLA recognizes that full-time nurturing and protective relationships in a family environment need to be respected. This definition of kinship should be brought to the court’s attention in disputed adoptions where blood vs. bonding is a major issue.

Appellate courts have previously ruled in favor of bonding. CWLA has here provided further support for the critical importance of bonding.

For more information see The Importance of Bonding in Legal Decisions Affecting Foster Children, Bonding Is a Vital Issue, and Presenting Bonding in Court.