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August 23, 2002


A crazy law

Shaming Young Mothers

This new state law requires women — even 14- and 15-year-old girls, even rape victims — to disclose the name and address of the father of a baby offered for adoption, or else to publish these ads for four weeks. Perhaps not since a tribal council in Pakistan ordered a woman to be gang-raped in June has a government treated women with such contempt.

The new Florida law was meant to reduce the risk of a father's emerging years after an adoption and seeking custody. So the law stipulates that the mother must publish her name and description, along with the names and descriptions of men whom she cannot locate but with whom she had sex around the time of conception.

This law is unbelievable. Will they call these ads the "scarlet letters". Why were they not thinking? Are there any lawyers out there? There must be some constitutional problem here.

Posted by on August 23, 2002 05:39 AM | TrackBack




Comments:


This is just another case of lawmakers not doing the "hard" thing. The law is weighted in favor of the "natural" parents, no exceptions allowed. Instead of altering adoption law so that "final" adoptions are final with birth parents possibly getting visitation but having no other rights, which would require thought and work, it is easier to say "well, we tried to find the daddy" even if it does result in a public-record "Scarlet Letter" for the women. Heaven forfend they ever get involved in a court case, this is a great way to make them look like sluts regardless of the circumstances.

And it does not stop the problem, the birth parents can still contest the adoptioon, it just gets the state off the hook for paying their legal fees if they do. Which is all anyone cares about, right?

Posted by: John Anderson on August 23, 2002 10:52 PM



two points, one political and one social;

i find it ironic (not amusing, alas, not with this subject) that one upshot of the law is that many young women are deciding to have abortions rather than go through the humiliation that this legislation requires; that's a pity...

and if the daddy was so frickin' interested in being a daddy, he should have called the lady after having unprotected sex with her to ask a few questions like: had your period lately? gaining any extra weight? need any help carrying the groceries? would you like to go out again? etc. etc. etc.

it's a stupid, stupid law, i am sure it will be overturned soon.

Posted by: skippy on August 24, 2002 03:52 AM



There may be another way to keep the woman from getting a Scarlet Letter; however, it may not prevent the sperm donor from having one more crack at getting the baby: The Florida Safe Haven law, which allows for a mother to give over her infant to the state within 3 days of the baby's birth, with very few questions asked, and protection of the anonymity of the birth mother. I give the specifics of the law at my blog, which you can get to via the link below (look for the "Covering the Scarlet Letter" post).

Posted by: Ross on August 26, 2002 04:28 PM



I read Ross' blog, does seem to be a way to bypass the letter of the "Letter" law.

One additional thing from it, in the case of Safe Harbor it is stated the birth parent may reclaim the child UNTIL "the court enters a judgment terminating his or her parental rights" which raises the question of why this is not automatic in adoptions. Or is such termination not final? I fear I am not as motivated as Ross in researching the subject.

Posted by: John Anderson on August 26, 2002 05:53 PM






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