Adoption Is Not a Universal Alternative to Abortion, No Matter What Anti-Choicers Say


All too often, those who seek to deprive women of their reproductive rights cite adoption as a supposed alternative to abortion. In a 2012 column for the New York Times, for instance, well-known anti-choice columnist Ross Douthat bemoaned the fact that fewer babies are available for infertile couples to adopt thanks to Roe v. Wade; in 2013, Texas state Sen. Eddie Lucio (D-Brownsville) proposed subjecting women to three hours of adoption education before allowing them to obtain abortions. The underlying message of this rhetoric, as well as other frequently espoused claims of anti-choicers, is clear: Adoption is a more ethical option for dealing with unwanted pregnancies than abortion.

My experience as the co-director of an adoption agency, however, has shown me that the decision to place a child for adoption is nowhere near the easy choice that anti-choicers often make it out to be. In fact, posing adoption as the universal solution to unwanted pregnancies does a disservice to everyone involved.

For 27 years, my professional life consisted of talking to women who were considering placing children for adoption; evaluating prospective adoptive parents; helping to facilitate relationships between all parties; and following up after placement. In fact, I was involved in some capacity with approximately 80 voluntary adoptions annually. As such, I feel compelled to offer a viewpoint sometimes overlooked by leaders in the reproductive rights debate—that of someone intimately familiar with the depth of the emotional issues facing those placing a child for adoption.

I went into my adoption work as a strong advocate of a woman’s right to choose, and I retire this year as an even stronger one. In fact, I wish abortion had been more readily available to many of the clients I worked with.

Of course, adoption is a valid option for many women, and some of our clients were no exception. Some pregnant individuals who sought our services had elected not to get abortions for religious or other personal reasons. However, most of the women who came to my adoption agency were too late for an abortion, didn’t know where to get one, or didn’t have the money to cover the cost. They just knew that they couldn’t parent a child—and, without the ability to access an abortion, adoption was their last resort. It’s also worth noting that this was the reality in California, a state where abortion has not been under legislative attack.

Needless to say, this is different from the narratives frequently trotted out by the anti-choice movement of women placing their children for adoption and feeling, as one website put it, “good and positive about [their] choice.” No matter what the reason was for placing a child for adoption, all of the women I personally encountered did so with a heavy heart. They expressed enormous sadness and guilt, having exhausted every other path. Many had no one they could turn to for help; the social services available to them were so paltry that raising a child seemed impossible.

It was very difficult to watch these women go through the adoption process: undergoing nine months of pregnancy, withstanding inquiries from family or acquaintances about their plans for a baby, allowing near-strangers or people they had only come to know in the last few months to love and nurture their child, and then trusting those people to follow through on post-placement contact agreements. Some women were, and are, able to get solace from providing a good home for their child and giving joy to new parents. Even so, though, the process also nearly always involved anxiety and long-term sadness.

And my clients were not alone. Experts have found that many biological parents who place their children for adoption go through an immense grieving process, one that may last for decades. In one study cited by the Child Welfare Information Gateway, three-quarters of birth mothers still experienced feelings of loss 12 to 20 years after placing their newborns.

The growing popularity of open adoption, through which birth parents can have contact with their child and adoptive family, is not a panacea for those feelings, though it is certainly an improvement over the secretive closed system common in past decades. I often felt, in fact, that the relationship between adoptive parents, adopted children, and birth parents is as complicated as it gets. It requires everyone to have the best intentions, sophisticated psychological understanding, and an enormous amount of compassion and respect for everyone involved. Although birth mothers frequently assume that an open plan will guarantee a long-term positive connection among all parties, and those in the adoption world are trying to do a better job of helping to make those relationships more satisfying and enduring, they will always be somewhat unpredictable and emotionally fraught—as all human interactions are. Even so, far too often, agencies and attorneys seem to tout “openness” as a catch-all way to resolve any of adoption’s negative emotional consequences.

Furthermore, the rates of adoption versus abortion are vastly disproportionate, suggesting that women themselves are not overly interested in the former as an option. Recent statistics show that approximately 14,000 newborns are adopted annually in the United States through voluntary placements, a number that has remained flat for about 20 years. Meanwhile, in 2011, 1.06 million abortions were performed—the lowest number in decades. And while abortion is not always a regret-free procedure, studies show that the vast majority of those who obtain one feel that it is the right decision—even those who experience negative feelings after the fact. Even with the societal and legal stigma surrounding abortion combined with adoption’s relative accessibility, adoption still accounts for a rare choice among pregnant women. I don’t see this changing, nor do I think it should.

For that matter, although my agency placed newborn children directly with parents, it is important to remember the role foster care plays in reproductive choice. If we continue to make abortions harder to obtain without funding social services for new parents, more children will inevitably wind up in these systems, which cannot provide the kind of services needed to either reunite them with their biological parents or find permanent homes for them. Currently, there are close to 400,000 children in state custody; only half have permanent plans for placement. Meanwhile, employees in protective services are underpaid and overworked, treading water to try to ensure that all of the children in their care are happy and healthy. Anyone who believes that adoption or foster care is a natural solution to growing restrictions on reproductive rights is kidding themselves.

Politicians, pundits, and anti-choice advocates should not put forth adoption as superior to abortion by overlaying it with talk about selflessness, wonderful adoptive parents, openness, and future contact as a way to ameliorate loss. It does need to stay in the conversation as a choice—but presented truthfully, without demonizing abortion or idealizing adoption. Women deserve the truth and access to all options.

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  • fiona64

    Currently, there are close to 400,000 children in state custody; only half have permanent plans for placement.

    Which tells me that there are close to 200K children for whom the plan is *not* familial repatriation but adoption. A good many of those children will “age out” of the system without ever having permanent homes.

    I thank the author for her perspective on this matter. I must say, though, that it has done nothing to change my perspective that those touting adoption as the “better choice” are more concerned with handing over an infant to someone too selfish to adopt one of the hundreds of thousands of kids currently available than with making sure children have loving homes.

    • Blue Orion

      This is why I”m tired of the rhetoric of “thousands of infertile people wanting your unwanted child”. Unwanted children exist right now. They just aren’t the “desirable” ones. Most adopting parents want infants, preferably with “no strings attached”. I’ve had only one person openly admit that there are children that won’t be adopted, but that women should still put up infants for adoption for those that don’t want to bother with “troubled” children.

      • http://www.danaseilhan.com Dana

        Actually I would be happy if people just plain stopped calling them “unwanted children” unless a specific child’s biological parents come forward and state that they don’t want the child. Children are removed from homes because the parents are dysfunctional carers IN THE EYES OF THE STATE. That is no kind of testimony on what’s actually going on in the parents’ heads or how the kids feel about their relationship with their parents. And you can’t take a parent who’s already poor and expect them to choose between keeping a job and showing up to parenting classes or keeping a job and showing up to court when if you lose your job you will lose your kids forever for *that* reason. Meanwhile genuinely abused kids die in their homes of origin because they’re traumatized and therefore “not adoptable.”

        See? Complicated. Cannot be solved with simplistic rhetoric or simplistic social policy.

        By the way, a pregnancy not being planned does not mean the pregnancy is “unwanted” either. “Not now” is not the same as “not ever.”

        • Blue Orion

          By “unwanted children” I am explicitly referring to those children in state custody because their parents did not want them. And they exist. I am well aware that many children are there because of removals by the state. I’m not referring to those.

          • jan stewart

            seriously never met a woman who pops out a kid and says to welfare…….you have it i don’t want it………..never once in all my years. I have heard of women say you have it, i cant afford or i cant guarantee my safety or I am homeless………

          • fiona64

            I am not sure of your point, and I am afraid I smell some racist dogwhistle stuff.

          • Blue Orion

            In most states, women can leave their unwanted infants at hospitals and other designated offices. I don’t think anyone has ever turned in a kid at their local DSS or DHS office. In some states there was no age cutoff and you had a few instances of people leaving older children. Very sad–generally in those instances the family was just going through a hard time. We don’t really know much about the women who leave babies anonymously at hospitals.

          • Kathi J

            Not really accurate. People loose custody of their children for various reasons, mostly routed in poverty and substance abuse. The state generally gives a short time for them to get the child back and if that doesn’t happen they begin proceedings to severe parental rights.

          • Guest

            I don’t know in which state you reside, but it is anything but a “short time” in which birth parents have to get their kids back where I live. Yes, there are time frames but the judges never abide by them. Children are languishing in foster care for YEARS. Social services bend over backwards in providing services such as parenting classes, visits with the children, drug counseling, providing transportation to those services and parents still don’t go..this is all in my experience as a foster parent for the past 13 years…Parents here are given every opportunity to reunite. Our state waits until the parents voluntarily terminate their rights…only in cases of extreme abuse(or death) will the state terminate rights.

          • Kathi J

            Children are languishing in foster care for years because people don’t want to adopt older, troubled, minority children, not because they are not available for adoption. My state has differing time-frame depending on the child’s age. The younger (below 3) the shorter the time frame (a year). If parents are attempting to do whatever the court orders to get their child back then judges do seem to give them more leeway. Some foster parents are content to have the child remain with them but not adopt them, guess it has to do with not losing benefits (?).

      • lady_black

        An infant may be *born* “troubled.” These people do not want children, they want *accessories*.

      • Kathi J

        Thousands of infertile people wanting healthy, white infants — not just any child. And adoption agencies more than happy to assist them provided they pay big bucks for that baby.

        • P. McCoy

          The Terry Meewsens of 700 Club fame go to the Ukraine to get White children-how Christian they are, they refuse to adopt the healthy but non Aryan child in their own U S of A!

          • Jennifer Starr

            Terry Meeuwsen is a nasty woman.

          • Nessie

            A valid point. But just to be clear, a child in need of a home is a child in need of a home regardless of national origin.

          • P. McCoy

            Not when racism makes one leave one’s homeland for that elusive White healthy infant when there are plenty of children available nearby. There is truth to the saying: “charity begins at home.”

          • Nessie

            I never denied that.

          • P. McCoy

            If you say so; Terry’s kids are adults now and Americans probably can’t get their hands on any more Ukrainian or Russian children anyway.

      • P. McCoy

        The pro life across America ads stress Aryan children even in non White or non English speaking non White neighborhoods. They aren’t fooling anybody with their racism.

        • fiona64

          And almost always male children to boot. “My brother is a blessing” – remember that one? Because no female child of any ethnicity could possibly be a blessing.

          • P. McCoy

            Well these ads stress White little girls, cute too especially the red head smiles. It would be nice to see even some olive skinned Whites too- a step in the right direction.

    • night porter

      Exactly.

  • http://www.danaseilhan.com Dana

    Adoption is an alternative to parenting, not an alternative to pregnancy.

    And actually, open adoption is a nightmare. It’s not bad enough that the mother was used as a Handmaid to fulfill some other person’s parenting fantasies; she must also resign herself to her child being taken away from her over and over and over again every time a visit ends, and in a lot of cases she can’t refer to the child as “hers” without the adopter(s) feeling threatened. Adopters refer to mothers as “our birthmother”, as if she is owned property, and feel free to try to control how she feels and how she reacts to those feelings. Open adoption really is about the benefit to the adoptee, which is also dubious, especially if the original parents go on to have other children. “Why do my siblings get to stay with Mom and I don’t?”

    I feel so strongly about this at this point: don’t have children you don’t intend to raise. They are YOUR children. You do NOT owe them to ANYONE else. Every time one of you feels sorry for an infertile and hands your child away, you contribute to society’s perception of women as just breeders for husbands and states and churches and infertile couples (whether strangers or not–family often takes advantage of a relative “in trouble” too!). We really need to, as the feminist movement (doesn’t matter which “wave”), start stepping up for women who would parent if their circumstances were just better. There’s NO reason we can’t do that and keep contraception and abortion safe and legal too. None. Zero. As long as fertile women are used as dumb breeders, we’ll never be equal. Period.

    • Renee Davis

      “We really need to, as the feminist movement (doesn’t matter which ‘wave’), start stepping up for women who would parent if their circumstances were just better.”

      Yes. Yes, yes, YES. And not just for women, but for their partners and their children, as well. No one is a “blank slate.” There are profound consequences to passing around human beings as if they’re Cabbage Patch dolls.

      As an adoptee, I feel it’s much kinder and more responsible to terminate the further development of a clump of cells than to hand off a living, breathing, feeling human being to strangers.

      • HeilMary1

        Better aborted then sexually and medically trafficked by hateful nuns and priests.

        • LoreneFairchild

          I hated being adopted but I am glad my mother didn’t abort me. Abortion is a permanent solution to a temporary problem. I’m glad I’m alive.

          • Nessie

            Adoption and parenting are perminant too. And the physical sand psychological effects of pregnancy can last a lifetime. Take your exsistianal angst elseware, we’ve heard it all before.

          • LoreneFairchild

            Parenting should be permanent. Adoptions can be legally overturned by the adoptee and the first parents once the adoptee is an adult. How do you overturn an abortion?

            And as far as taking my “existential angst elswhere”….that doesn’t sound very “tolerant” of you.

          • Nessie

            Forgive me if I’m less than tolerant of people trying to strip women of their bodily autonomy. If you had been aborted, you wouldn’t have been born. That’s it. Boo hoo.

          • fiona64

            Parenting should be permanent.

            So, you argue that no child should move out of the house? That adults’ parents should make decisions for them?

            Oh, and that consent to sexual intercourse somehow means consent to gestate?

            Wow.

            And yes, your position is based in the kind of existential angst that most people outgrow at puberty: “Ohnoes … what if I never existed?” If you had never existed, you would never know the difference.

          • lady_black

            Well, parenting isn’t permanent. And your “real parents” are the ones who raised you. I have a son. He wasn’t adopted, but he may as well have been. He calls my husband “Dad” and his biological father by his first name, when he bothers to call him at all. His biological father denied him, forced him to get a DNA test and afterward, never bothered with him. Not a phone call, not a birthday card. Nothing. The one time I tried to travel 1000 miles at my own expense so he could see his son, he USED my son to pull a financial scam on his girlfriend. I had some CRAZY WOMAN calling my house, claiming my son stole her rings (for WHAT???). This is not a person who deserves a child. And he’s far from alone. My hope is that you grow up some day, and realize that maybe your relationship with your adopted parents wasn’t perfect, but you could have done much worse. I hope you come to appreciate what they did for you.

          • LeeAnne Green

            No offense, but you kind of started it with your “abortion is a permanent solution to a temporary problem” diatribe. I’m thrilled beyond words that you are happy to be alive. I am ~beyond thrilled~ that I opted to abort instead of bringing any more children into the abusive marriage I was in at the time I chose to abort. I had already had one child with him, and tying myself and my child any further into that nightmare would have been a much more “permanent” than the “temporary problem” of having the abortion. I agree with Nessie: take your existential angst elsewhere. I don’t have to be “tolerant” of someone who is clearly trying to incite issues with “anti-choice” terminology.

          • night porter
          • almond_bubble_tea

            The problem with showing that Salon article to any anti-abortion folks is they’ll come right back and talk about how domestic violence meaning forcing the women to “abort” a child.

            http://www.lifenews.com/2014/10/22/boyfriend-beats-his-pregnant-girlfriend-with-a-baseball-bat-and-dumps-her-in-shallow-grave/

            “Pregnant women are often targets of violence by husbands or boyfriends
            who are not wanting to become a father and have failed in their efforts
            to force or pressure their partners to have an abortion. As a result of
            the tide of violence against pregnant women and their unborn children,
            39 states have enacted laws providing justice for both mother and unborn
            children when they are victims of violence.”

          • night porter

            I know. Which will still bite them in the ass, because being forced to either gestate or abort = a violation of the woman’s rights.

            The point, however, is that from a harm based perspective, denying women the right to an abortion is bad for their overall wellbeing, and instead puts their life and health in the hands of others who have no business making life’s decisions for them.

          • zygotepariah

            Adoptions *cannot* be legally overturned once the adoptee is an adult. There is no legal course of action to do so. I have several adoptee friends who are trying to terminate their adoptions and can’t. I myself can never terminate my own adoption and I’m in my 40s. To terminate you need to prove fraud and I cannot, despite the fact that I never signed the adoption contract. Adoptees are bound *forever* by the decisions of others. If the adoption didn’t work out, an adoptee can cease contact with the adoptive family, and in some provinces/states there is adult adoption where the adoptee can be adopted back by the natural parent(s), but there is otherwise no legal process to terminate an adoption once the adoptee is an adult.

          • bird

            moot point, adoption is also a permanent solution to a temporary problem.

          • LoreneFairchild

            I found my real parents when I was 16. From that point on my adoption no longer mattered. I had found my family…so no, it’s not carved in stone forever.

          • Renee Davis

            I found my real mother at age 50 and have a very good relationship with her. I found my father’s gravestone last month–but have begun building a relationship with my aunt, my cousins, etc.

            Finding my family doesn’t magically erase the five decades that I lived without them.

            I will always, unfortunately, be adopted.

            Besides that, I believe that every woman has the right to choose whether or not she carries out a pregnancy and whether or not she brings a child into the world.

            I don’t exclude ONLY my mother from that.

          • RachelK

            Thank you for sharing your story. However, it is not an argument for taking women’s choices away from them. It is not an argument against abortion. Adoption is one choice, and no one is trying to take it away. I want people to get the support they need to parent if they want to. I want them to get the support they need to choose adoption if they want to. And I want them to have access to abortion if that is what they choose, and to be supported in that choice as well. Every situation is different, but the choice belongs to the pregnant person.

          • P. McCoy

            Not so-forced birth is slavery. Adoption means worrying about a sentient boy or girl for all of yourlife time. Abortion is a surgical procedure that excises the host body of an entity that survives via a parasitic relationship with a host body.

          • bird

            im not sure what you’re trying to say. i support women’s right to choose, theres no law that states anyone has to share their body with anyone or anything- regardless of circumstance and regardless of whether zygote is considered a “being” or not- without on-going consent. no one is talking about forced birth. for many adoptees, being adopted is much like slavery, too: we were signed over to strangers, seperated from our biological relatives and cultures, bought, sold, and sometimes traded or sold again, expected to be grateful for every meager ration(including not being an abortion), and aren’t allowed to see our own paperwork. so? all things are relative, but abortion and adoption are two very different things.

          • P. McCoy

            You had no sentience so your comment is senseless. But if giving birth to you was not forced on your mother great then.

          • fiona64

            Abortion is a permanent solution to a temporary problem.

            I remember when I thought that this was a profound argument …

            Every pregnancy is potentially life-threatening. Every. Single. One. Every pregnancy causes permanent physiological changes to a woman’s anatomy, even if it is relatively uncomplicated. Those are not “temporary problems.”

          • HeilMary1

            Abortion saves women from deadly, disfiguring complications like bladder and bowel incontinence, cancer, organ failures, sepsis limb amputations and death. My incontinent mom disfigured me as her permanent abstinence excuse. Aborting me would have been so much kinder.

          • Ella Warnock

            Abortion is a permanent solution to a temporary problem.

            Well, let’s just say that a girl’s parents don’t allow an adoption but pressure for keeping the kid in the family and for the unwilling young woman to be the primary caregiver. Not exactly a ‘temporary problem’ anymore, is it?

          • lady_black

            I don’t think parents CAN veto an adoption, but they can certainly make her life miserable for as long as she is dependent on them, can’t they? My understanding is that a parent has some absolute rights over her offspring, no matter the age of the parent. For example a 13 year old mom can consent to surgery for her own child, even though she can’t consent for herself. That would include relinquishing for adoption. The only signature needed is hers (and the birth father, if known).

          • Ella Warnock

            I think the legalities are things an average young girl who has very controlling parents wouldn’t be aware of and exactly the kind of thing they’d make sure she didn’t discover. I can imagine being intimidated enough to not ask questions and doing whatever she’s told because that’s all she knows. That’s where a savvy and helpful nurse or doctor could step in and let her know what her legal options are and, of course, why parental notification is often so disastrous in the first place.

  • Kathi J

    I would have been happier if the author had counseled women seeking abortion, worked with at-risk teens to prevent unintentional pregnancies rather than worked in the very industry that thrives on women and girls being manipulated and coerced into giving up their babies for adoption, i.e. “sale to the highest bidder”.

    • bird

      yes, she makes some good points, but seems a bit like a wolf in sheeps clothing at certain points.

    • Renee Davis

      Amen.

  • P. McCoy

    Look at current flap the Lesbian couple is in over their chagrin that an insemination gone ‘wrong’ resulted in getting a Black (according to the unofficial yet socially official one drop of Black blood rule )child. You would think that they had been given a plague carrier! But alas, the stigma of being Black even a harmless healthy baby continues.
    How I wish the mother had asked to go on Oprah for help instead of pursuing a lawsuit; could have been a life lesson for everyone and a great good for the baby.

    • lady_black

      Um… I’d be very upset too. The donor they bargained for isn’t the donor they got. The child is loved. That isn’t the point.

      • P. McCoy

        The child is loved? Then why the lawsuit? When the little girl learns about it is she going to ask: suing because my moms have to move to a less racist neighborhood is a big hardship? Suing because mom can’t deal with the hygiene of my hair? It all gets down to suing because I am not White ? Asking Oprah for help would have been far more positive and life affirming- she could have had a mentor who would have changed her life for the better rather than engaging the court system simply because she was not White!

        • Nessie

          I understand your sentiments, but that doesn’t change the fact that the IVF Clinic made a mistake.

        • lady_black

          The lawsuit is about exactly what I just mentioned. Do women NOT have the absolute right to choose the father of her children? I’ve heard people say things like “She wanted a baby, she got one!” That’s HORRIBLE. It’s like raping someone who’s passed out. She was inseminated by a donor she didn’t pick, and she wasn’t even aware of it until the mistake was discovered. Race doesn’t even need to come into it, but it does complicate the matter. Donors are selected by the couple for physical characteristics among other things. We don’t know the race of the selected donor. We can safely assume he wasn’t black. Just from a contract POV, this is a terrible injustice. The child is the mother’s biological child. Of course she’s loved. But the sperm bank is in the wrong, and they need to pay. I would be furious.

          • P. McCoy

            Unfortunately, race and one of THE most despised in the United States comes into play here. Therefore the situation should have been handled with this in mind. I can understand even (and I am not accusing anyone here of this) race issue fatigue) race issues get wearisome. However the deed is done and what’s left in most Black people’s eyes is the viewpoint that this couple is suing because they got Black sperm and voila- they have a child who is making their lives intolerable because the moms have to get away from their comfort zone and can’t cope with the fact that Black hair is not a wash and cut dry deal.

            My heart goes out to the child; maybe she will overcome on her own. But I don’t think she is loved. Just my three cents

          • Nessie

            The fact that this couple chose to move to a less-racist neighborhood for their daughter’s sake, instead of just sure during her to the foster system and trying again, seems proof enough that this child is loved.
            McCoy, I can understand why you disagree with the parents’ decision to file a lawsuit, but I think that you’re being overly judgemental.

          • Unicorn Farm

            “The fact that this couple chose to move to a less-racist neighborhood for their daughter’s sake”
            I agree. Good god, I live in the south, and the amount of racism here is mind-numbing. It’s awful, and it’s just out there, everywhere. It’s also highly variable (as it is across the nation). There are definitely a number of cities I would NOT want to live in if I was black or had a black child, full stop. I’d move, hands down.
            I agree the lawsuit appears distasteful. But I think a lot of people are piling on this woman in a reactionary manner.

          • lady_black

            Look… Either you believe a woman has an absolute right to choose who she’ll have children with, or she doesn’t. A white couple picking a white donor is NOT “racism” under any circumstances.

          • P. McCoy

            I am glad that the moms chose to move and yes a White person picking a White donor is not racist. The lawsuit though is a thorny one at best; her reasons or the trials she claimed to face though sorry to say smack of racism. It’s an all around testy situation. As I say, if she had gone to Oprah perhaps a less racist way of pursuing the lawsuit could have been executed. Criticism by others here notwithstanding, it still looks like the reasons for the lawsuit are how I viewed it earlier.

            We can agree to Disagree of course; I just pray that the daughter will overcome this trial when she’s older.

          • night porter

            They had to build a case, somehow, in order to sue for damages. Unfortunately, any case they make will appear racist, I think, like it or not.

            Anyway, I agree with LB. The company screwed up, and should pay for that. The people did not get what they paid for, as callous as that sounds. If, for example, I order an Aby cat, but am shipped a Siamese, I will still adore the Siamese, but that does not change the fact that the vendor screwed up.

          • lady_black

            At least you could ship the Siamese back if you didn’t want it. Someone will want it. Like me. I love Siamese. You can’t ship a child back. It doesn’t sound callous at all. Not if you believe a woman has an absolute right to choose who she’ll have children with. I’m seeing way too much “She wanted a baby, she got a baby. Any sperm will do.” nonsense even on this forum, and I see that as inherently anti-choice. And a bit “rapey.” I’m very disappointed.

          • night porter

            Agreed.

          • Unicorn Farm

            “The lawsuit though is a thorny one at best;”

            Nope. Pretty solid. Breach of contract/ negligence. Read my above post about wrongful birth lawsuits. Ugly names, good purpose and good results.

            “Her reasons or the trials she claimed to face though sorry to say smack of racism.”

            Or pleading what is necessary to recover damages.

            “As I say, if she had gone to Oprah perhaps a less racist way of pursuing the lawsuit could have been executed.”

            I don’t see how that going on Oprah would have provided a more private, less racially charged way of handling this. It would have invited more and more public scrutiny. Plus, what remedy could she possibly have expected from Oprah? I don’t understand this at all.

          • P. McCoy

            I see the logic of what you are saying; thanks. With Oprah I think perhaps she could have played a mentor in finding a lot of resources to help the couple and the child, ranging from hair and skin issues (some Black skins need special care with rough bumps on elbows other skin areas as well as support groups designed to help bi racial children etc;. Maybe even legal assistance would have been made available. I am just thinking of the child and wanting her to get all the support she may need-Oprah seems like a great and resouceful mentor to me. Thanks to all for the excellent legalese explained for the

            layperson. Much appreciated.

            here. Much sppre

          • P. McCoy

            Please excuse the typos-I could not correct them.

          • Unicorn Farm

            “Unfortunately, race and one of THE most despised in the United States comes into play here. Therefore the situation should have been handled with this in mind.”

            No. She is entitled to file her lawsuit any way that she wants. She has no obligation to be sensitive to issues in American society in the way she handles her private legal affairs. Sorry. Nope.

          • LeeAnne Green

            From a contract point of view, you are correct. But from the “I don’t want to deal with the trauma of having a black baby in this town” (paraphrased quote from the one suing) point of view, the mother is a prejudiced piece of crap, and doubly so, because the mother herself is a minority (lesbian).

          • lady_black

            Are you living her life, now? Look, thanks for admitting that she has a breach of contract case. That’s a no-brainer. However, she has to show damages in order to recover. She’s trying to show true financial harm as well as punitive damages. Since I don’t live in her town, I can’t assess the value of her financial damages. From a philosophical point of view, either you believe a woman has the right to choose who she reproduces with, or you don’t. I happen to believe she has that right, and the sperm bank violated her. A white couple choosing a white sperm donor isn’t “a racist piece of crap.” They are attempting to mitigate the questions that will now be raised, and she shouldn’t need to deal with that. No matter how much she loves her daughter, the damage has been done, and it wasn’t done by her. The sperm bank needs to pay. And I would say the same thing no matter what the race of the woman is.

          • Unicorn Farm

            Yeah, do you know for sure that she’s a prejudiced piece of crap?
            Or did she just plead the facts in the complaint that were necessary for her to achieve economic recovery to which she is entitled for breach of contract, like her lawyer probably told her to?
            Lawsuits get filed all the time with hyperbolic language included in them for the purpose of pleading facts necessary to recover.
            If everything written in the course of a lawsuit were to be taken literally and held to reflect a person’s actual beliefs… well, we’d all be screwed.
            Signed,
            Unicorn Farm, Esq.

          • Unicorn Farm

            Despite my opinion that the racial angle of this lawsuit is unsettling, I agree with you, LB. Women have the right to determine who fathers their child, and that is particularly so where they contracted for and paid valuable consideration for that right.

        • Unicorn Farm

          “The child is loved? Then why the lawsuit?”

          Lawyer here! Maybe I can explain. Obviously, I am not a part of this family, but I do not believe the fact that they filed the lawsuit means that the child is not loved. Parents file so-called “wrongful birth” lawsuits all the time when their children are born with severe disabilities. Folks, particularly the anti’s, react to these all the time with accusations that the parents do not love their child. This could not be further from the truth- wrongful birth lawsuits, while distastefully styled for sure, provide a means for the parents to recover the costs they will incur to raise the child with all the extra care it would need. The money is held in trust for the benefit of the child.
          It seems to me like this lawsuit is an extreme version of a wrongful birth lawsuit. It likely arises out of breach of contract/ negligence on the part of the facility- which did mess up. Do I believe that the consequences of the breach/negligence (a black child) are as severe as having to raise a child with a severe, costly disability? No. Do I think this is distasteful, and outside the norm? Yes. But so do lots of other people, and that’s why it made the news.
          Do I think it means they don’t love their daughter? No. I think they see this as a way to make a buck, and plead the facts that would allow them to make that buck.

  • Cactus_Wren

    Breaking the Silence: On Living Pro-Lifers’ Choice for Women

    The author of this article freely admits that she’s made, at different points in her life, both choices: she’s had an abortion and she’s given a baby up for adoption. And as she says, “Believe me when I say that of the two choices, it was adoption that nearly destroyed me – and it never ends.”

    Post-adoption counseling turned out to be focused on getting yourself together enough to make yourself a new Christian baby so you could be a good Christian wife and mother. I kept getting the same thing. What if you don’t want to have a New Baby ™, or can’t? Or you’re not religious? And why the fuck are actual babies so disposable that you’re expected to get over it after a suitable period of mourning (i.e., till you get a good Christian husband) in the case of adoption? It’s odd how this does not apply in the case of aborting a blastocyst, when you’re expected to wall yourself into a tomb away from decent society and gnaw on the bitter bones of your own despicable evil. Bad woman. BAD.

    • almond_bubble_tea

      I posted this link several times on LAN and all the regulars there said this person must have been the “exception” to the rule that adoption is all unicorns and rainbows.

  • missedgehead

    Anti-choicers forget that the woman still has to go through an unwanted pregnancy.

    • Ella Warnock

      Oh, they don’t forget that. It’s a feature, not a bug.