Legal and Psychological Implications of Nondisclosure in the Adoption of a Child with Fetal Alcohol Spectrum Disorder

Abstract

Approximately 127,000 children were adopted in the United States in 2000 and the same number in 2001. When adoptions go well, the events that follow are mostly private family matters. On other occasions, families discover that they have adopted a child who is suffering from mental and/or physical ailments. In cases where the adoptive parents are not aware of the child's medical history, adoptions can have unfortunate endings, including adoption disruption, litigation, interfamily violence, and even death. This article focuses on the issues involved when a family discovers post-adoption that the child has Fetal Alcohol Spectrum Disorder (FASD). The article will first discuss the evolution of adoption and disclosure in the United States, then provide background on the nature of FASD and the difficulties of recognizing cases. The article will then focus on (a) the psychological impact on parents who have adopted a child who is found to have FASD and (b) the impact of disclosure upon state, national, and international law. The article concludes with recommendations for improving disclosure standards and reducing the risk of FASD going undetected and undisclosed in adoptive children.

Keywords

FASD adoption nondisclosure

Get full access to this article

View all access options for this article.

References

ABC News. (2010, April 12). Adopted boy sent back to Russia showing no signs of violent behavior, Russian officials say. Retrieved January 12, 2011, from http://abcnews.go.com/GMA/adopted-boy-back-russia-sign-mental-issues-problems-officials/story?id=10349424

Adamec

C. A.

, & Pierce

W. L.

(2000). The encyclopedia of adoption. New York: Facts on File.

Astley

S. J.

Stachowiak

Clarren

S. K.

, & Clausen

(2002). Application of the fetal alcohol syndrome facial photographic screening tool in a foster care population. Journal of Pediatrics, 141(5), 712–717.

Bebensee

P. K.

(1993). In the best interests of children and adoptive parents: The need for disclosure. Iowa Law Review, 78, 397–426.

Burr v. Stark Cty. Bd. of Commrs. 23 Ohio St. 3d 69 (1986). Retrieved January 13, 2011, from http://www.fpsol.com/adoption/legal/burr.html

Cesnik v. Edgewood Baptist Church. 88 F. 3d at 909 (1996). Retrieved January 13, 2011, from http://depts.washington.edu/fadu/legalissues/cc.102.html

Craft

(2010). Russian adoption murders. Retrieved January 17, 2011, from http://adoption.about.com/od/adoptionrights/p/russiancases.htm

Ferenc v. World Child Inc. 977 F. Supp. 56 (1997). Retrieved January 13, 2011, from http://depts.washington.edu/fadu/legalissues/cc.106.html

“In lawsuit on adoption, focus is on disclosure.”

New York Times. (2010, April 27). Retrieved January 12, 2011, from http://www.nytimes.com/2010/04/28/us/28adopt.html

10.

“In some adoptions, love doesn't conquer all.”

New York Times. (2010, April 16). Retrieved January 12, 2011, from http://www.nytimes.com/2010/04/18/fashion/18Adopt.html

11.

Lambert v. Associated Catholic Charities of New Orleans, Inc. 842 So. 2d1149, La. App. 4 (2003).

12.

Landgren

Svensson

Stromland

, & Gronlund

Andersson M.

(2010). Prenatal alcohol exposure and neurodevelopmental disorders in children adopted from eastern Europe. Pediatrics, 125(5), 1178–1185.

13.

Lawton

R. W.

, & Murphy

J. P.

(1915). A study of results of a child-placing society. Paper presented at the National Conference of Charities and Correction, Fresno, CA.

14.

Lupton

Burd

, & Harwood

(2004). Cost of fetal alcohol spectrum disorders. American Journal of Medical Genetics, 127C(676), 42–50.

15.

May

P. A.

, & Gossage

J. P.

(2001). Estimating the prevalence of Fetal Alcohol Syndrome: A summary. Alcohol Research and Health, 25(3), 159–167.

16.

May

P. A.

Gossage

J. P.

Kalberg

W. O.

Robinson

L. K.

Buckley

Manning

(2009). Prevalence and epidemiologic characteristics of FASD from various research methods with an emphasis on recent in-school studies. Developmental Disabilities Research Reviews, 15, 176–192.

17.

Meiser

, & Velen

(2003). The history of adoption. Adoption Today, 5(3), 17–21.

18.

Nagler

(2003). Finding out your child has a disability … It's not the end of the world. Retrieved January 17, 2011 from: http://www.marknagler.com/Articles.htm.

19.

Riley

E. P.

Mattson

S. N.

Jacobson

S. W.

Coles

C. D.

Kodituwakku

P. W.

(2003). Neurobehavioral consequences of prenatal alcohol exposure: An international perspective. Alcoholism: Clinical & Experimental Research, 27(2), 362–373.

20.

Roe v. Catholic Charities. 225 Ill. App. 3d 519, 538, 588 N.E. 2d 354, 366 (1992). Retrieved January 13, 2011, from http://www.fpsol.com/adoption/legal/roe.html

21.

Streissguth

A. P.

Barr

H. M.

Kogan

, & Bookstein

F. L.

(1996). Understanding the occurrence of secondary disabilities in clients with Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effects (FAE). Seattle: University of Washington, Fetal Alcohol & Drug Unit, Tech. Rep. No. 96–06.

22.

University of Massachusetts Medical School, office of Foster Care and Adoption. (2010). History of secrecy and openness in adoption. Retrieved January 12, 2011, from http://www.umassmed.edu/adoption/education-training/adoption-foster-care/history.aspx

23.

U.S. Department of Health & Human Services, Administration for Children & Families. (2004). How many children were adopted in 2000 and 2001? Retrieved January 12, 2011, from http://www.childwelfare.gov/pubs/s_adopted/s_adopted.cfm

24.

U.S. Department of Health & Human Services, Administration for Children & Families. (2007). A Report to Congress on barriers and success factors in adoptions from foster care: Perspectives of families and staff. Retrieved January 12, 2011, from http://www.acf.hhs.gov/programs/cb/pubs/barriers/barriers.pdf

25.

U.S. Department of Homeland Security, office of Immigration Statistics. (2010). Yearbook of Immigration Statistics: 2009. Retrieved January 12, 2011, from http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2009/ois_yb_2009.pdf

26.

Wolford v. Children's Home Society of West Virginia. 17 F. Supp. 2d 577, S.D. W. Va. (1998). Retrieved January 13, 2011, from http://depts.washington.edu/fadu/legalissues/cc.133.html