I have found it difficult to believe that any lawyer, even online, would have advised the Hansens to stick Artem on a plane and hire a tour guide to escort him to the Ministry of Science and Education building on Moscow's main street. Hansen's lawyer has now been identified as St. Petersburg attorney Karina Krasnova. Despite Nancy Hansen's plea that she made a quick decision to send Artum back, Krasnova says Hanson contacted her a month ago about how to return the boy. Sending him to Tverskaya was definitely NOT the advice she gave.Krasnova has a free Ask Russian Lawyer a Question feature on her (linked above) webpage. Guess what? That's where Nancy Hansen got her advice--actually good advice--which she promptly ignored. If the Hansens think they can plead ignorance of the law or get Krasnova to back them up, they're in for a real rude awakening.
Here is how the Q & A went:
Q: My daughter adopted boy from Russia (she is a single mother). My daughter was lied to about the child’s behavior by the orphanage caregivers. The safety of herself and others is a major issue. She is no longer willing to keep him in her home.
The child has stated many times that he wants to return to the orphanage and misses his friend. As the adoption has not worked, I would like to know what the Russian law is in returning him to the orphanage. Also, if the law allows this, how much you would charge to facilitate this matter.
A: Procedure for cancellation of adoption is regulated by Art. 140-142 of the Family Code of the Russian Federation. Adoption can be terminated only by court order and by serious reasons. Usually termination of adoption is a punitive measure applicable to parents who evade discharge of their parental obligations, abuse parental rights, abuse adopted children, or are alcohol or drug addicted.
However a court may also cancellation adoption by other reasons. According to Art. 141, par. 2 of the Family Code of the Russian Federation a court is entitled to terminate adoption of a child by other reasons taking into account child's opinion and if it is in the best interests of the child.
Thus, notwithstanding that fact that the wish of adoptive parents to cancellation the adoption is not a direct and unconditional reason for such termination it may be done “by other reasons taking into account child's opinion and if it is in the best interests of the child”.
If a court comes to a conclusion that return of the child to Russia is in his best interests a corresponding court order will be issued and it will lead to the following:
- reciprocal rights and obligations of the adopted child and the adoptive parents and their relatives (including grandmother) will be terminated by court order;
- the child will be returned to his parents by court order. If he has no parents or return of the child to the parents is not in his best interests, the child will be taken care of by guardianship institutions;
- the court will also decide whether the name given to the child after adoption will be changed.
You should also keep in mind that the court is entitled to lay an obligation to pay child maintenance over the former adoptive parent (your daughter) in accordance with the procedure established by the law. Therefore after termination of adoption in Russia your daughter may be obliged to pay child support until the child becomes 18 years old.
In interests of the child the court can resolve adoption of the child by other family, without returning the child to Russia. In this case I see an alternative way of dealing with your problem. Many families in America dream of adoption and your child may be adopted by another family, in this way he will be able to live in a family in the USA.
For any actions concerning this child it is necessary for you to receive approval of Russian authorities.
ince
Could this caveat--not the alleged scary drawing--have been the real last straw?
You should also keep in mind that the court is entitled to lay an obligation to pay child maintenance over the former adoptive parent (your daughter) in accordance with the procedure established by the law. Therefore after termination of adoption in Russia your daughter may be obliged to pay child support until the child becomes 18 years old.
ABC News reports that Torry Hansen was trolling for a replacement, even while planning to return Artem to sender. No matter how many yard sales the Hansens throw, that won't pay for two kids.
How in the world did the Hansens think ugly cut-bait-and-run stunt, clearly illegal, would help Torry adopt another kid? Or that they'd even get away with it? You can't even pull that off with a cat shelter.
5 comments:
Do we know without a doubt that Torry Hansen was looking for another child to adopt?
It seems to me that the pro-adoption people pleading with Russia to not stop adoptions are spinning this notion.
I wouldn't believe it unless there is hard proof of it.
Russia just loves all of these American trying to persuade them not to close Russian Adoptions.
It isn't ANY AMERICAN'S say what Russia chooses to do with their adoption program of their citizens.
Russia might be able to extort a few million from these adoption agencies that deal primarily with Russian Adoptions. Start with WACAP and ask for a cut in their $4 million+ a year business.
According to WACAP, Torry Hansen inquired about a second adoption last December. They advised her to concentrate on this one and wait for the child to be settled. Yeah, she was trolling alright.
Trolling for another kid? Is that what it's called?
We inquired about a 2nd adoption soon after our first and actually ended up adopting our 2nd daughter before the one year anniversary of our first adoption. Believe it or not, bio parents have kids that close together too.
From what I understand, none of the boy's problems were alarming until after January of this year. That's when the violence and threats started.
Why is the agency sharing personal details of this family's case? That seems highly irresponsible if not illegal or unethical. I was curious so I went to their website and discovered that they're actually saying NOTHING about this case at all.
There needs to be more options for parents who adopt older kids and there needs to be more honesty about the problems these kids are known to have before they're adopted. Even families with the best screening, preparation and intentions are not equipped to deal with a child who is violent.
Donna
Our Blog: Double Happiness!
This story is so sad. And I question putting the boy unassisted on a plane back to Russia. But this situation of having Russian orphans with behavioral problems is out of control.
Please see this PBS movie that came out this year called "This Emotional Life: In Search of Ourselves...and Happiness" by Dr. Daniel Gilbert. Here's a webpage about Alex, the boy adopted from Russia:
http://www.pbs.org/thisemotionallife/people/personal-story/alex/bio
It talks about how lack of physical comfort to babies and small children causes a lack of attachment.
Watch episode or part 1. It aired on PBS, is available to watch instantly if you have a Netflix account, or you can buy the disk on Amazon:
http://www.amazon.com/gp/product/B002Y7ZELW/ref=cm_rdp_product
It explains how the orphanages in Russia are overcrowded and understaffed, with each nurse in charge of over a dozen children apiece. They barely have time to change and bottle the infants, and no crucial early bonding takes place.
This is with physically healthy children. Imagine the exaggeration and complications of the scores of orphan children in Russia who have been adopted by Americans where the babies are already born with FAS (Fetal Alcohol Syndrome)!
Richard Gere, Katie Couric, Alanis Morissette, and other celebrities speak out in this movie. I can't say if what the adoptive mother and grandmother of Justin Hansen (birth name Artyom Saveliev) is right or wrong. But before jumping to conclusions and making a witchhunt out of it (which as a devoted mother was my knee-jerk reaction), please look at the bigger problem. How heartbreaking it must be to just want a child to love, be unable to have one, and then when you finally go though the process of adoption, they don't love you back. And on top of that are dangerously violent. It's definitely not the childrens fault, its the terrible hand of cards they were dealt with before they even had a chance to start life.
But stop to consider how you - as an adoptive mother - would react to receiving hate instead of love. It must be devastating. I have a greater appreciation for what the mother must have gone through. And even more so...I feel so sorry for the boy. And all the children in this situation.
Those children need parents. But obviously the prospective adoptive parents need to be educated in what they are undertaking. Not everyone may be cut out for such a hard path, and they should be prepared with real-life application of psychology and child development to reduce unrealistic expectations. There are so many childless couples in America looking for a child to take into their home and love. What a sad thing it would be if that option was taken away.
"But stop to consider how you - as an adoptive mother - would react to receiving hate instead of love. It must be devastating."
Actually, no, if you are an ADULT and have any comprehension at all of dealing with a traumatised child; you realise that they are a CHILD. They don't OWE you love or gratitude! It is not all about you and YOUR satisfaction and emotional validation!
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