this is why people go to China and Russia to adopt kids. 
also
wbal
cliff notes:
florida couple adopts baby
bio-dad says he never gave up rights
3 1/2 year later they're forced to give child back to bio-mother
courts still to decide where kid will end up
hilarity ensues
Family Loses Would-Be Son To Illinois Mother
3½-Year-Old Placed With Florida Couple Shortly After Birth
POSTED: 12:12 pm CST December 30, 2004
UPDATED: 10:57 am CST January 12, 2005
ATLANTIC BEACH, Fla. -- A 3½-year-old boy at the center of a disputed adoption in Florida is on his way to Illinois after being given over to his biological mother Thursday morning.
Amanda Hopkins, her new husband, another child and the birth mother's attorney were escorted by two police officers as they arrived at the home of Dawn and Gene Scott, who have cared for Evan Scott since he was just days old.
The parents said they told Evan Wednesday night that he would be going to the Chicago area with Hopkins.
"He's anxious and a little distraught," Gene Scott said of Evan a few minutes before he carried the boy to Hopkins' van. Evan waved to the Scotts as he was driven away.
A Florida judge ordered that Evan must be taken to Illinois for a transitional visit with his biological mother. The trip is the first step in Judge Wadell Wallace's order giving full custody of Evan to his biological mother.
The two families loaded toys and clothes into the van for the drive to Illinois. The rest of the boy's belongings will be taken on the next, final trip to the Chicago area.
"The parties are all trying to work together to make it as easy on Evan as possible. But, I don't think there's any way to eliminate the trauma that this is going to cause," said the Scotts' lawyer, Susan Pniewski. "So Dawn and Gene are looking at a way to make it as easy as possible -- to keep him as safe as they can."
Pniewski said she and others have done as much as possible in court, and adds that the judge is working as best he can with the law.
The law actually changed in 2003, and would have made it nearly impossible for Stephen White -- Evan's biological father -- to seek custody.
White came forward five months after Evan was born in 2001 and claimed he never consented to the adoption. A judge then overturned the Scotts' adoption filing, but Evan continued to live with them.
Though Hopkins initially sided with the Scotts, she also filed for custody to prevent White from getting Evan. After a long legal battle, Hopkins was awarded custody of Evan, and the Scotts were ordered to hand the child over to her this month.
The guide to the Interstate Compact of the Placement of Children, an agreement between all states in protecting children, says that responsibility for a child's welfare falls on the state where the child is being taken. But officials said no check of the family or the home has been completed in Illinois.
"This is a very difficult situation and our hearts go out to all parties involved. This is a private custody matter that has been decided by a court of proper jurisdiction. It would be inappropriate for us to comment further," said John Harrell, communications director, Florida's Department of Children and Families in Jacksonville.
The ICPC requires a background check for all parties potentially involved with the child, which means White would likely have been disqualified if his call for custody had been made after the guide had been put in place. White has served jail time for domestic violence in the last five years.
In an attempt to help the Scotts keep Evan, state Sen. Steven Wise contacted the chairman of the Senate Judiciary Committee and Attorney General Charlie Crist.
"The child is the main focus of what we're trying to do," Wise said.
In a letter to Gov. Jeb Bush, State Rep. Stan Jordan also urged state officials to "thoroughly explore the impact" of uprooting Evan after such a critical bonding period. Jordan said he wants "to protect the child's mental and emotional environment."
Neighbors of the Scotts have also called the governor's office asking what can be done to help.
A spokesman for the governor said they have not received Jordan's letter, but are aware of the case and appreciate his concern.
"Cases like this are always difficult when they impact a child and families, but this was a case decided by the courts. This was ultimately decided by and rests in the hands by the courts," Bush spokesman Alia Faraj told Jacksonville's Channel 4.
"There's always that hope," Pniewski said Wednesday. "We have millions of people around the country -- around the world -- praying for Evan. How many prayers is it going to take before God notices and lends a hand, I honestly don't know. But we keep that hope until the day it's over."
also
CBSAnother Adoption Tug Of Love
Jan. 18, 2005
Another custody battle involving a child in line for adoption took a heart-tugging turn in Atlantic Beach in northern Florida Saturday. Three-and-a-half-year-old Evan Scott was taken from the only home and parents he's ever known and given to his birth mother.
"How can they do this to a little boy? How can they do this to him?" cried out would-be adoptive mother Dawn Scott.
But CBS News Correspondent Mark Strassman reports Amanda Hopkins had sued to reclaim Evan when she heard his biological father might try for custody.
That blocked Evan's final adoption by Gene and Dawn Scott, to whom Hopkins agreed to give Evan when she was still pregnant. The Scotts got Evan when he was two-days old.
Dawn Scott complained that little Evan never got his day in court.
In disputed adoption cases, say child advocates, kids like Evan seldom get their day in court. It's the adults' rights that matter; children are treated like property.
"That's the problem with this case," child custody expert Debbie Grabarkiewicz told Strassman. "The court focused on the baggage claim holders of the suitcase, as opposed to focusing on the suitcase."
Outside Chicago on Sunday night, Evan Scott arrived at his new home. "I just want to let everybody know that I'm happy that's we're home. He's home where he should belong," Hopkins said.
Even her custody is temporary, while the courts sort out where Evan belongs for good.
"We're devestated. We have an appeal. We still have hope," says Dawn's husband, Gene.
Which means, Strassman points out, Evan could change families, yet again.
Thomas Atwood, President and CEO of the National Council For Adoption, tells Early Show co-anchor Hannah Storm, "This is exceedingly rare, thankfully. People shouldn't be frightened away from adoption. Clearly, this should never happen. The courts really let Evan down here. ...They turned what should have been a decision about what's best for Evan turned into a debate over the rights of the adults involved."
When are adoptions rock solid?
"Within the first 72 hours after birth," Atwood says, "birth parents aren't allowed to sign away their rights. After that, states have revocation periods of anywhere from zero to 30 days, typically, during which time the parent can change his or her mind and take the baby back. After that, after the end of the revocation period and before the adoption's finalization, they can only take the baby back if they can prove fraud or duress. Once the finalization is achieved, within anywhere from six to 18 months, depending on the state, then nothing can bring the baby back.
"After (the state) revocation (period), it is very difficult for the child to be removed from the adoptive parents' home.
Atwood continues, "You definitely need to do your homework in choosing your (adoption) agencies and your attorneys. You need to check references, check the adoptive parents and the work that's done before. When you do that, they'll be able to give you a good idea as to how likely it is you'll be able to adopt and what your profile is with respect to whether the birth parents will choose you as the adoptive parents."
wbal
cliff notes:
florida couple adopts baby
bio-dad says he never gave up rights
3 1/2 year later they're forced to give child back to bio-mother
courts still to decide where kid will end up
hilarity ensues
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