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Judge orders baby to be returned to biological father

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    Legal panel weighs in on the case

  • Duration 7:40
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Philly scored in back in session on the docket today a powerful case about adoption and parental rights.

This baby girl is at the center of the controversy look at this child.

She's now 21 months old.

Are you talk couple adopted her at birth.

But now -- judges has ruled that they have to give her back -- -- biological father.

Within the next sixty days she's never known him she's only known them as her parents.

Her biological -- is an army drill sergeant and he claims his then wife put this child up for adoption without his knowledge without his consent.

While he was -- -- on duty at a South Carolina base.

He's just -- don't -- see him.

Got a little bit farther then what Barbara -- defeating me then -- much outlook for adoption.

Joining me now to discuss Arthur I dollars a former prosecutor now defense attorney jobs -- -- hasn't seen pedigree welcome panel so.

The judge.

Was really outraged and said there's no question in my mind this baby girl goes back to the biological father.

And to -- on the adoptive parents.

I want to start let's just without.

I mean let's just -- -- viewers through John let me start with you -- how did the -- get born.

And and take -- away from the father without him knowing about it are doing about it.

Father and mother were married and the father decided to -- in the course of -- -- the marriage they got pregnant father went to South Carolina but -- he's in the army.

The mother decided to stay behind where they having marital problems yes they work.

The for the last for a month of the pregnancy.

The mother cut the -- completely -- the picture would not communicate with him and when he tried to get information about hey let my baby being born.

The hospital because -- -- laws.

Wouldn't give him any information that's what allowed the mother to -- to Latin.

Can -- this adoption without his knowledge on means.

I'm the mother who is down in Texas are at their context this -- -- adoption agency.

And says I want to give the baby up for adoption they find a couple that wants to adopt the baby.

But she misled the adoption agency -- correct about the father's wishes.

Basically he basically with a paper works as you abandoned the child which is just according to the dad is an absolute lie.

My heart breaks for these parents because what happened is -- the agency approved the adoption.

If there's any culpability here it may be with the agency.

Not following through with did -- father really.

Abandoned the child I mean isn't that simple -- a woman just going to am giving this child upn and there's no and I legitimized my.

My -- is -- -- would be would be adoptive couple as well are there -- I would be with them as well in terms of empathy at least everything that's put on lies about.

But the reporting is that this adoption agency informed.

The adoptive parents that the biological father did not know his daughter had been placed for adoption.

And it was likely -- he would contest the placements and they proceeded to take the child anyway isn't that -- game.

Well.

No I don't think -- ball game won't be needed -- -- easy get meaning it's an easy decision.

I don't think it's an easy decision there was information given to the parents about this abandonment claim.

And yes they rolled the dice I don't think that bowl game I don't think it's automatic.

And it's an argument can be made.

Given passengers of the child is the standard is child that was almost two years old.

Cognitive reasoning is going on she's raised the.

I have I have an almost twenty month old.

You at home in and the thought of her being taken away and given to another you know set of parents -- in this case a single dad.

Who she never noon.

I -- Donna.

Does that analysis shift even if the adoptive couple has some culpability.

Or you know running it and I don't think they had some warning yet they had -- -- -- -- shift now that this girl is.

Almost two years -- well the standard really is what's in the best interests of the child now did they do a bonding study none of the research shows that they did that.

You know the judge really I think ruled.

I agree with his ruling but he went with look we can't snacks kids from their biological -- if you have a a mother who wants to exact revenge on her -- predicting a while she's pregnant.

Go ahead and quietly sell his suits you can't -- and sell it hit.

Behind his back I don't know how they managed to do this without notifying the father I don't you -- going -- -- -- with the Nike with the -- well and is that an.

Argument because I want to tell the viewers that the judge has ordered that the child be returned to the biological father within sixty days at the adoptive parents today are now we're gonna appeal we're going -- -- taking this all the way up.

So is there an argument be made -- there because as I read the papers.

The baby was born march 1 2011.

The father did not get the information out of the biological mother until June 11 that was the first time she informed him that she'd given birth.

And put the child up for adoption now that's 34 months.

Does the adoptive.

Couple have an argument that there was abandonment because the father for three -- four months.

You know did nothing to rule I I I don't have all the facts about his efforts but as the first time he found out that the baby had been born that that that that was abandonment in some way.

I was unable to get my hands on the actual agreement adoption agreement between the agency and the the adoptive parents.

That they are going to you can imagine how desperate these these parents are now referred to him -- parents and biological parents.

They're gonna throw every argument that of course that once there they should in my opinion throw the agency under the bus.

He was in the service -- how easy when he defines.

Isn't that the United States officer I mean someone just has to pick up the phone find -- -- isn't really look we have this insinuation we're putting up for adoption would be about.

And now what about that what about that because sometimes you have.

You know.

Biological mothers in this case that -- very bad decisions and she had no right to do this because she did not have his consent but.

That's what the impartial adoption -- -- -- what what what what should be the consequences to them.

All of the did adoption agency they could face criminal charges -- you know this is going on those -- You can't when you haven't parent whether.

Whether they lie -- that they notified and he just didn't answer the petition or whether they actually didn't notified and not what elderly women work people can.

Bothers skinned and had children that we can just not -- we can't because there in the army or doing whatever they're doing that's not into.

Regional abandonment and obviously I didn't want to abandon the baby because these -- -- now.

I think he just never consented to give up his child the judge's consent at the -- and -- people you know the judge wrote a 48 page decision which is not typical.

We usually should judge's decision of four pages.

I've been 48 -- -- fun.

-- even more heart wrenching case if that adoptive couple had been defrauded into believing that he did give up his rights and wanted to -- the child up for adoption.

We're so that people change their minds that would be truly truly heart wrenching but they had noticed.

That this man never wanted to give up that baby.

And when you hear that as an adoptive parent I mean that changes everything and now this poor little girl.

Who was called -- by the adoptive parents.

Will now.

Have a new name have a new -- need to have a new family.

And we'll have a lot to adjust to and hopefully they will have the right resources in place to help -- -- thank you thank you.

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