Lawmakers Aim to Close Adoption Law Gap

Several legislators hope to close gaps in state adoption laws that have been highlighted by the international custody battle involving a San Bernardino couple.

One measure would eliminate a 90-day period during which a biological mother can--under certain circumstances--change her mind about giving up a child for adoption.

The bill, sponsored by state Sen. Jack Scott (D-Altadena), would prevent the painful experience suffered by Richard and Vickie Allen, who adopted twin girls only to have the biological mother and an adoption broker take them away two months later and give them to another family that paid a higher fee.

Scott, who has three grandchildren who were adopted, introduced the bill two weeks ago, before the Allens’ story became known worldwide.

“It’s cruel. You can’t break a parent’s emotions like that, especially after they had bonded with the children,” said Scott.

Adoption broker Tina Johnson and the biological mother were able to retrieve the twins because California allows a birth mother that right, up to 90 days after the adoption is completed. But this provision applies only to adoptions arranged by lawyers or by for-profit adoption brokers like Johnson.

Adoptions arranged through licensed agencies, most of which are nonprofit, generally are final within a few days.

Scott’s bill also would compel lawyers and brokers to follow the practice of agency adoptions by requiring them to provide counseling for the birth mother while she is pregnant.

“I believe strongly that if a biological mother is properly counseled, she shouldn’t be able to change her mind in the first three months. There should also be safeguards to ensure that she’s not acting under duress or coercion,” Scott said.

On Friday, Assemblywoman Charlene Zettel (R-Poway) said she will introduce legislation as early as next week to license and regulate adoption brokers. Also known as adoption facilitators, they are not subject to the same state oversight as agencies.

Zettel said the Allens’ story “makes it obvious that there’s a glaring loophole” in the adoption laws.

“People who use a facilitator to adopt must have the same rights as those enjoyed by people who adopt through a licensed agency,” she said.

Cindy Simonson, an adoptive parent who works as a facilitator in San Clemente, agreed that her profession should be licensed and regulated.

“I’m not the only facilitator who feels this way. Many of us welcome state regulation. Only through regulation will you get rid of people who don’t uphold the highest standards of our profession,” she said.