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‘I want my baby back’
11/19/08
By Elissa Bernstein
“The baby’s crowning! Push, Liza!”
Liza delivered a baby boy after a strenuous labour.
“He’s beautiful,” Liza’s mother gushed. “Don’t you want to hold him?”
Liza turned her head. “No.”
“Just because you’re giving him up for adoption, doesn’t mean you can’t hold him.”
“He belongs to someone else,” Liza cried.
A few months later, Liza was inconsolable. “I can’t stop thinking about him, Lenny.”
Lenny took a deep breath. “Let’s visit him.”
“What?”
“The Petersons said we could come and see him. I think it would help.”
The Petersons welcomed them with open arms.
“Oh Liza and Lenny! You have given us the gift of a lifetime! We love Brian so much.”
They went upstairs to the nursery. Brian was napping in a beautiful room filled with toys.
Liza forced a smile. “He seems happy.”
Back in the car, Lenny was relieved. “I feel so much better, don’t you? Brian will have a great life.”
“I want him back,” Liza said softly.
Lenny slammed on the brakes. “But we signed the final papers! He’s been with his new family for three months. They love him.”
Liza was determined. “I don’t care how many toys they have. He’s our baby.”
They applied to the Adoption Board to have their consent revoked and get Brian back. The Petersons refused.
Liza and Lenny went to a lawyer. “One piece of advice. Get married.”
They got married that week. Two strangers were witnesses.
They went to court to get their baby back. The process was long and drawn out. Little Brian was two years old before they got before the appeal Judge.
IN THE COURTROOM
The Petersons fought hard. “Brian was abandoned by Liza and Lenny as a baby. And now he’s a happy boy who knows us as his loving parents. Please don’t take him away! He’ll be scarred for life!”
Liza and Lenny were desperate. “We’re married and committed to being wonderful parents. Please give us our baby back!”
Who should get Brian? You! Be The Judge. Then look below for the decision.
THE DECISION
“Brian goes to Liza and Lenny,” held the Judge. “Their marriage legitimizes Brian’s birth and gives them a constitutional bias in their favour. Brian can no longer be adopted. Besides, there’s no proof he’ll suffer long term consequences from this move.”
Today’s column is based on a case from Ireland. The characters and the scenarios are fictional. Any resemblance to real people is purely coincidental. The information in this column does not constitute legal advice. If you have a similar problem, consult a lawyer in your state. Elissa Bernstein is a lawyer and internationally syndicated columnist. Copyright 2008 Haika Enterprises GA10-09.
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