adoption law essay

The Politics of Adoption pp 3–40 Cite as

Adoption: Concepts, Principles and Social Construct

• Kerry O’Halloran 26  
• First Online: 21 March 2021

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Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice ((IUSGENT,volume 86))

Adoption is a complex social phenomenon, intimately knitted into its family law framework and shaped by pressures affecting the family in its local social context. It is a mirror reflecting the changes in our family life and the efforts of family law to address those changes. This has caused it to be variously defined; in different societies, in the same society at different times and across a range of contemporary societies. It continues to be re-defined in the United Kingdom.

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See, Tomlin Committee report (Cmnd 2401) 1925.

See, Houghton Committee, Report of the Departmental Committee on the Adoption of Children , (Cmnd 5107), London, HMSO, 1972.

See, for example, Lowe, N., ‘The Changing Face of Adoption—The Gift/Donation Model versus the Contract/Services Model’, Child and Family Law Quarterly , 371, 1997.

See, for example, Bowlby, J., Attachment , Penguin, London, 1969.

See, Duncan, W. , ‘Children’s Rights, Cultural Diversity and Private International Law’, in Douglas, G. and Sebba, L. (eds), Children’s Rights and Traditional Values , Aldershot, Ashgate, 1998 at p. 32.

See, for example, Benet, M. K., The Character of Adoption , Johnathan Cape, London, 1976.

Ibid., at p. 22. Also, see Goody, E., Contexts of Kinship , Cambridge University Press, London, 1973.

Op cit . As Benet explains: “Full adoption, adrogatio , was only possible for a person who was himself sui iuris —that is, a member of no family but his own. A minor could not be adrogated because a minor sui iuris had tutores or guardians …The adopter “must be 60 or from some cause unlikely to have children” (p. 30).

Ibid. at p. 77.

Ibid. at p. 14.

Ibid. at p. 17.

Ibid. at p. 35.

Ibid. at pp. 35 and 48–50.

As Gibbons explains, at the time of the Roman Empire a returning successful adventurer might seek to ingratiate himself “by the custom of adopting the name of their patron” and thereby hope to secure his position in society. See, The Decline and Fall of the Roman Empire , Harrap, London 1949 at p. 131.

Ibid. at p. 30. Marcus Aurelius being a good example.

See, Gilligan, R., Irish Child Care Services: Policy, Practice and Provision , Institute of Public Administration, Dublin, 1991.

See, Middleton, N., When Family Failed , Victor Gollancz, London, 1971.

See, Druliolle, V., ‘The Struggle for Recognition of the Stolen Children and the Politics of Victimhood in Spain’, in Druliolle, V. and Brett, R. (eds.), The Politics of Victimhood in Post - conflict Societies: Comparative and Analytical Perspectives , London, Palgrave Macmillan, 2018.

See, Bean and Melville, Lost Children of the Empire , Unwin Hyman, London, 1989.

See, for example, Tizard, B., Adoption: A Second Chance , Open Books, London, 1977.

See, Cretney, S., ‘Adoption—Contract to Status?’ in Law, Law Reform and the Family , Clarendon Press, Oxford, 1998, at p. 186.

See, Transactions of the National Association for the Promotion of Social Sciences (1874), quoted by Pinchbeck, I. and Hewitt, M. in Children in English Society (1973), p. 359. Also, see, Fox Harding Perspectives in Child Care Policy , Longman (1997) at p. 35 where he suggests that there was considerable opposition to laws restricting child labour and introducing compulsory education because these were seen as constituting an unwarranted state interference with parental authority.

See Re Thomasset [1894] 300.

See, Ex parte Skinner , 9 Moo 278; Simpson on Infants, 2nd ed (1908), p. 115.

(1883) 23 Ch D 317, pp. 71–2.

See, De Mannerville v. De Mannerville, op cit.

See, Gardner v. Bygrave [1889] 6 TLR 23 DC, Mansell v Griffin [1908] 1 KB, 160, obiter , R v. Hopley [1860] 2F and F 160.

See, Lough v. Ward [1954] 2 All ER 338; this remained the case until abolished by s 5 of the Law Reform (Miscl Prov) Act 1970.

See, for example, R v. Hale [1974] 1 All ER 1107 it was alleged that the accused had “unlawfully secreted… a girl aged 13 years, against the life of her parents and lawful guardians.”

See, St John v. St John (1805) 11 Vessey 530 and Vansittart v. Vansittart (1858) 2 De Gex & Jones 249 at p. 256; Hamilton v. Hector (1872) LR 13 Equity 511.

See, In re O’Hara [1900] 2 IR 232, per Holmes LJ at p. 253; (1899) 34 ILTR 17 CA. Also, see, Humphrys v. Polak [1901] 2 KB 385, CA and Brooks v. Brooks [1923] 1 KB 257.

Ibid., per Fitzgibbon L J.

See, Van v. Van , p. 259, per Turner L J.

See, Commentaries on the Laws of England , Oxford, Clarendon Press, 1765.

Continued by s 52 of the Poor Law Act 1930 and subsequently by s 2 of the Children Act 1948. This power was regarded by the Curtis Committee as a “very important provision” (para 19) and in 1945 about 16% of children in the care of poor law authorities had been the subject of a s 52 resolution (ibid. para 29). This was later echoed by the Houghton Committee (para 153).

[1900] 2 IR 233 at p. 244.

See, the report by the Select Committee on the Protection of Infant Life. This ‘baby-farming’ scandal resonated with a similar experience in Australia (see, further, Chap. 10 ).

The Thomas Coram Hospital for Foundling Children, for example, and the Infant Life Protection Society were very active at this time.

See, Lowe, N., ‘English Adoption Law: Past, Present and Future’ in Katz, S., Eekelaar, J. and Maclean, M., Cross Currents: Family Law and Policy in the United States and England , Oxford, Oxford University Press, 2000.

Ibid. See, respectively, the Adoption of Children Bill (No. 101), 1889 and the Adoption of Children Bill (No. 56) 1890.

For example: in Massachusetts, USA in 1873; in New Brunswick, Canada in 1881; in New Zealand in 1881; and in Western Australia in 1896.

See, Bean, P. and Melville, J., Lost Children of the Empire , London, Unwin Hyman, 1989.

See, for example, the report of the Royal Commission on the Poor Law (Cmnd 4499), 1909.

See, The Report of the Committee on Child Adoption (Cmnd 1254), 1921.

See, Lowe, N., ‘English Adoption Law: Past, Present and Future’ in Katz, S., Eekelaar, J., and McLean, M. (eds.), Cross Currents , Oxford University Press, 2000 at pp. 308–310.

Ibid., at p. 311.

Op cit , at para 34.

See, McWhinnie, A., Adopted Children: How They Grew Up , Routledge & Keagan Paul, London, 1967.

See, See, Lowe, N., ‘English Adoption Law: Past, Present and Future’ op cit at p. 311.

See, Clause 2(3) of the draft Bill prepared by the Tomlin Committee.

See, Report of the Child Adoption Committee 1924–1925, (Cmnd 2401).

A total of 6 adoption Bills were introduced during 1924–1925.

In Scotland this right has been available to children aged 12 or older from the introduction of the first adoption legislation (the Adoption of Children (Scotland) Act 1930, s 2(3)).

See, Cretney, S., Family Law in the Twentieth Century: A History , Oxford University Press, Oxford, 2003, at p. 268.

See, Report of the Departmental Committee on the Adoption of Children , Cmnd 9248, London, HMSO, 1954.

See, See, Lowe, N., ‘English Adoption Law: Past, Present and Future’ op cit at p. 322.

Such succession rights were further extended in the Children Act 1975.

See, Report of the Departmental Committee on the Adoption of Children , op cit , para 24.

See, Report of the Departmental Committee on the Adoption of Children , London, HMSO, 1972, Cmnd 5107, paras 33 and 34 and recommendation 2.

See, Report of the Departmental Committee on Adoption Societies and Agencies , London, HMSO, 1937, Cmnd 5499, p. 4.

See, Report of the Departmental Committee on the Adoption of Children , op cit , para 17.

Ibid., at para 121. Custodianship became available in 1985.

See, Bridge, C. and Swindells, H., Adoption — The Modern Law , Family Law, Bristol, 2003 at p. 12.

See, the Commission for Social Care Inspection, Adoption: Messages from Inspections of Adoption Agencies , London, 2006, para 4.2.

The working party, drawn from the two agencies, was established in 1989. Constituted as the Inter-departmental Review of Adoption Law, it published four preliminary discussion papers: The Nature and Effect of Adoption (1990), Agreement and Freeing , The Adoption Process , and Intercountry Adoption ; and three background papers: International Perspectives (1990), Review of Research Relating to Adoption (1990), followed by Intercountry Adoption (1991–1992).

See, the Department of Health, Adoption Law Review: Consultation Document , 1992.

(Cmnd 2288), 1993.

See, Adoption –– A Service for Children , HMSO, 1996. Also, note the current consultation process in relation to the Children Bill particularly the Green Paper Every Child Matters , 2003 and Every Child Matters: Next Steps published by the Dept. of Skills and Education, 2004.

See, in particular, the Waterhouse Inquiry, Lost in Care: Report of the Tribunal of Inquiry into the Abuse of Children in Care in the former County Council Areas of Gwynedd and Clwyd since 1974 , The Stationery Office, London, 2000.

See, the Department of Health, For Children ’ s Sake: An SSI Inspection of Local Authority Adoption Services , 1996 and For Children ’ s Sake –– Part II: An SSI Inspection of Local Authority Adoption Services , 1997.

Local Authority Circular (20) 1998.

See, the Department of Health, Adoption Now: Messages from Research , 1999.

See, the Department of Health, The Government’s Objectives for Children’s Social Services , 1999, at para 1.3.

The Adoption and Children (Scotland) Act 2007 does so for Scotland while the draft Adoption and Children (Northern Ireland Bill) will, when introduced, complete the modernising of the legal framework for adoption practice in the U.K.

See, The Commission for Social Care Inspection, Adoption: Messages from Inspections of Adoption Agencies , London, 2006, para 4.8.

Both practices, associated with the traditional abhorrence of ‘trafficking’ in children, were criminal offences under s 57 and s 11, respectively, of the 1976 Act.

Adoption and Children Act 2002, s 122.

Section 11 of the 1976 Act, following the recommendation in the Houghton Report ( op cit , para 81), prohibited direct placements by a birth parent with anyone other than a relative of that parent. Exemptions to the application of s 92 of the 2002 Act continue this residual parental right.

See, for example, Z County Council v. R [2001] 1 FLR 365 where Holman J upheld the right of a relinquishing birth mother to insist that her siblings were neither informed of her decision nor approached to assess whether they would be in a position to undertake care responsibility.

See, the concern expressed by the Houghton Committee in Adoption of Children at para 98 (1970), HMSO.

An approach that may be traced back to Re C [1991] FCR 1052 when the court at first instance and the Court of Appeal were strongly critical of a local authority that had treated a birthfather in a cavalier fashion and failed to inform prospective adopters of his involvement and his wish to maintain contact with the child placed with them.

(1994) 18 EHRR 342.

See, Re B [1971] 1 QB 437, per Davies L J at p. 443.

See, Re D (No. 2) [1959] 1 QB 229.

See, for example, CD Petitioners [1963] SLT (Sh Crt) 7.

See, for example, In re A (An Infant) [1963] 1 WLR 34. Also, see, In re H (A Minor: Non - Patrial) [1982] Fam Law 121 where an adoption order was granted in respect of an immigrant child despite contrary advice from the Secretary of State.

See, for example, In re D (Minors) [1973] Fam 209.

As documented by Bean and Melville in Lost Children of the Empire , Unwin Hyman, 1989.

See, Rowe, J. and Lambert, L., Children Who Wait , London (1973).

See, In Re D (A Minor)(Adoption Order: Validity) [1991] 2 FLR 66.

See, Re D (An Infant)(Adoption: Parent’s Consent) [1977] AC 602 at p. 638.

See, for example, the leading Northern Ireland case of In re E.B. and Others (Minors) [1985] 5 NIJB 1 where the dangers of straying into the realm of eugenics were explained by Hutton LJ: If the only test was the welfare of the child and the wishes of the natural parents could be disregarded, then there would be some cases where a child, taken into care for a short time because of the illness of his parents or some other family emergency, could be taken away permanently from humble and poor parents of low intelligence, and perhaps with a criminal record, and placed with adoptive parents in much better economic circumstances who could provide the child with greater material care and intellectual stimulation, a more stable background and a brighter future.

[1970] AC 668.

See, specifically, Re W (An Infant) [1971] 2 All ER 49 where Hailsham LJ emphasised that: The test is reasonableness and nothing else. It is not culpability. It is not indifference. It is not failure to discharge parental duties. It is reasonableness and reasonableness in the totality of the circumstances.

The Adoption and Children Act 2002, s 92(3)-(4).

[1949] CH 320.

See, Eekelaar, J., ‘What are Parental Rights? ’ [1975] 89 LQR 210 and Hall, ‘The Waning of Parental Rights’ [1972] CLJ 248.

See, in England and Wales, s 12(6) of the 1976 Act and in Northern Ireland, Article 12(6) of the 1987 Order. Note that in Northern Ireland a birth parent also had the right to add a condition of their own volition; the right to determine their child’s the religion in which their child was to be brought up (Article 16(1)(b)(i).

See, Re C (A Minor) [1988] 1 AER 712h.

See, Hollinger, J.H., Adoption Law and Practice, vol. 1, Matthew Bender Co., Lexis-Nexis, New York, 1988–2005.

See: Briggs, L., Somebody’s Children: The Politics of Transnational and Transracial Adoption , Durham, NC, Duke University Press, (2012); and Högbacka, R., Global Families, Inequality and Transnational Adoption: The De - Kinning of First Mothers , London, Palgrave Macmillan, (2016).

See, Bean & Melville, op cit .

See, for example Re D (An Infant)(Adoption: Parent’s Consent ) [1995] 1 FLR 895 where Wall J remarked that it is “… logical that a different test needs to be applied to the making of an order which extinguishes parental rights as opposed to one which regulates their operation” at p. 898. A view endorsed by the DoH in its Review of Adoption Law 1992 at para 7.1. Note also Re W (An Infant) [1971] AC 682 where Hailsham LJ remarked that “ welfare per se is not the test” endorsed by MacDermott LJ in the same case “…the mere fact that an adoption order will be for the welfare of the child does not itself necessarily show that a parent’s refusal to consent to that adoption is unreasonable” at p. 706. More recently, however, perhaps in response to decisions of the ECHR, the judiciary in this jurisdiction had begun to demonstrate a willingness to recognise that the paramountcy principle could have a bearing on consent issues.

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O’Halloran, K. (2021). Adoption: Concepts, Principles and Social Construct. In: The Politics of Adoption. Ius Gentium: Comparative Perspectives on Law and Justice, vol 86. Springer, Cham. https://doi.org/10.1007/978-3-030-65588-4_1

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Adoption law should be reformed to give children legal connections to both of their families – here’s why

Adjunct Associate Professor, School of Nursing and Midwifery, Western Sydney University

Deputy Director Translational Research and Social Innovation Group at the Ingham Institute, Associate Professor, School of Nursing and Midwifery, Western Sydney University

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This research benefitted from funding from Adopt Change and the School of Nursing and Midwifery, Western Sydney University

This research was funded by a partnership grant with Adopt Change and the School of Nursing and Midwifery at Western Sydney University.

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When children are unable to live safely at home with their parents, they may enter out-of-home care. Most of these children are in foster or kinship care and many are able safely to go home after a period of time.

But for more than 23,000 children in out-of-home care in Australia, the courts have determined they cannot ever safely return home.

Adoption is one way these children can be given permanency and avoid moving from placement to placement in foster care.

Read more: Explainer: how hard is it to adopt in Australia?

But the adoption of children from out-of-home care is extremely contentious. This is partly because adoption laws in all Australian states and territories require children to be legally severed from their birth family when they’re adopted. This is called “plenary adoption”.

Our new research , launched this week in parliament in Canberra, found Australians with personal or professional experience of out-of-home care or adoption want a new form of adoption legislated in Australia. One which would allow children to have legal ties to both their adoptive family and their birth family at the same time. This is called “simple adoption”.

As one adopted person in our study described:

Simple adoption seems to protect everyone, the child is not displaced, does not feel like an item trafficked between two worlds, the child belongs to everyone but is safest with the adoptive parents. To me, this option protects the child’s right to identity, family and safety, the right to flourish.

Outdated legislation

The current requirement to cut the legal relationship with birth family is a legacy of Australia’s history, with legislation across all states and territories derived from laws enacted in the 1960s.

This was a time when unwed mothers were often coerced into allowing their babies to be adopted, and the legislation was designed to hide “sexual immorality” illegitimacy and infertility .

Adoption required a complete legal and physical separation of children from their birth family, and was often hidden even from the adopted person.

Over time, the harm of these adoption practices was recognised, and laws have gradually reformed to remove secrecy from adoption.

Erasing identity

Today, almost all adoptions in Australia are “open” and children often have ongoing contact with their birth families.

Despite this, legal severance from birth family and identity erasure has remained in plenary adoption and adopted children are no longer legally related to their birth parents, birth siblings or extended birth family.

Plenary adoption creates a new legal identity for the child and erases their first legal identity. This means their original birth certificate is no longer a legal identity document.

Instead, a new birth certificate is made that replaces the names of their birth parents with their adoptive parents’ names.

This legal separation and the erasure of identity is extremely painful for many adopted people. Some of whom have, as adults, even gone to the extreme of having their adoption discharged to regain their legal connections and identity.

As one adopted person said:

Loss of identity, heritage and false birth certificates are huge issues for adoptees. Forever into the future my genealogy has changed. I can never be legally related to my family.

It’s also extremely difficult for birth parents and extended birth family, who, while they may not be able to care for their children, generally still love them dearly.

An additive adoption

Our research gathered the views of a range of people with connection to foster care and adoption. This included adopted people, former foster children and their birth parents, foster carers, adoptive parents and child welfare professionals.

Read more: Adoption has a role in child protection but it's no panacea

We asked participants to rank aspects of the potential permanency options, including long term foster care, guardianship, plenary adoption and simple adoption.

Overwhelmingly, the more than 1,000 participants scored simple adoption as their most preferred.

Simple adoption means children are full legal members of both their adoptive and birth families at the same time, creating a new legal identity for children without legally severing them from their birth family or erasing birth identity.

While children are still related to their birth family, parental rights are held by the adoptive parents in simple adoption. This means legal authority and decision making is the responsibility of the adoptive parents.

Read more: Adoption and fostering: matching children to parents from same religion and ethnicity makes for happier families

Simple adoption is not a new concept, and is currently in place in countries as diverse as France, Brazil, Thailand and Ethiopia. But we have never had simple adoption in Australia.

Many study participants had never heard of simple adoption, but were enthusiastic about its possibilities. Among the excited responses were: “sounds too good to be true! In a perfect world… MAKE IT HAPPEN!” and “simple open adoption sounds fabulous! Please bring it to Australia”.

The legal belonging in two families that simple adoption provides was linked to emotional well-being and was a central reason why it was viewed positively.

Read more: How shared parental leave gives adoptive parents real time to build a new family unit

This research suggests it’s again time for legislative reform so children are able to remain a legal member of their birth family when they’re adopted, and have their identity preserved.

It’s important to remember that regardless of any improvements made to adoption, supporting birth families so they’re able to care for their children must have the highest priority.

But for when it’s not possible for children to safely live in their birth families, the research is clear: simple adoption should be an option.

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Adoption: An Essay

What is it like to suddenly be contacted by the birth parents you've never met.

Posted October 27, 2011 | Reviewed by Davia Sills

GUEST CONTRIBUTOR

Adopting an Identity

It's a day just like any other in my freshman year, and my mom tells me my dad cried over the contents of the envelope she just handed to me. I have a hard time believing her, because I've never seen my dad cry and because dads, by the laws of nature, aren't supposed to cry. But the envelope concerns me, and it concerned my dad enough to cry about it.

Pretty soon, I'm crying, and my mom's crying. Our faces are like shiny red beets while tears fall into our open mouths as we try and fail to talk to each other through the tears. We only manage blubbering, guttural noises.

Inside the envelope are letters and pictures. My mom says they're from my biological parents, and that idea doesn't process, because the handwritten letter from my bio-father looks so much like my mom's handwriting that I think she's playing some sort of trick on me. She's not.

I flip through pictures of Chimene and Richard, these accidental lovers, and of the two half-siblings I never knew about. It's surreal; I feel only half awake as I flip among the pictures and wonder who these people are and wonder who I am because of these letters.

I felt out of place in my family. I would see families stockpiled with love. But love felt awkward since I didn't know how to give it, because I didn't, and in some ways still don't, appreciate everything my family does for me.

And I didn't see myself in my parents. They didn't read; they didn't like the kind of movies I like; they didn't share my atheism, my cynicism , or any personality quirks. I didn't understand the concept of all this familial love, because I wasn't sure how to love my parents when I felt disconnected from them.

My mom lingers. I think she feels as though she's obligated to help me along this emotional journey because she's my mom, and that's her job. All I can think about is how similar this is to the moment in the second grade when I was told I was adopted. I laid on the king-sized bed in my parents' room, talking about my day, wide-eyed at the fact that a girl in my grade was adopted. And then my mom told me that the girl and I had similar life stories.

My mom claimed she told me when I was young, but I didn't remember. At 8, I was told I was unique in a way I didn't want to be. We sat in silence for a while, and I wanted nothing more than to go away and cry. So I excused myself and got a Pepsi from the fridge. My mom accompanied me, and I can't remember feeling more sad, embarrassed, and angry in my entire childhood at the fact that she wouldn't leave me alone.

My biological mother uses an abundance of "teehees" in her structurally strange, typed letter because apparently she's funny, and laughter can't be captured on paper. I can't connect with her "teehees." I can't see any humor in the impersonal black ink. I can't connect with a person whose letter is like a resume, a list of altruistic hobbies and likable characteristics. Yet, I look at this paper and see myself in her love of books, her terrible humor. And I feel almost a sense of... relief.

I can't relate to my parents. And now I'm reading about this woman, seemingly so foreign, this woman who's training for the Iraq war and likes to plant, whose first love is God followed by her husband John, this woman who's half like me. Only half, but that's half more than I can say for my parents.

I sift through her computer-paper memories printed in the dull-colored ink. Then I move on to Richard. I already like him. He gave me actual pictures, glossy, without fingerprint smudges, true and genuine, just like his handwritten letter that tells me he took time and effort in this compilation.

I almost feel like an intruder looking at his best friends, his brother, his beard that makes him look like The Dude from The Big Lebowski . Richard begins by feeling obligated to tell me that I wasn't a mistake, that there was a good reason why I was brought up by a different family, blah blah. I don't need comfort from a man I don't know.

But I do know him. It's terrifying to the point where my hands begin to shake.

I know him because I'm the carbon copy of him, from his cheekbones to his aspirations. Our canines are identical, our eyes mirrors, our dimples cousins, our smiles duplicates. As I read the letter, I grow more and more dumbfounded. I want to major in film, and I think NYU is just about the most amazing school there is. So when I read that he majored in film production at NYU, I'm literally scared.

The similarities don't stop there. We're both adopted, we both love movies to no end, we like math, we prefer Judaism to other religions, we're both this, and we're both that. This letter is staring me in the face, telling me that I'm not random, that it's OK to not be like my family because I'm not exactly a part of them.

It's natural to want to believe that humans are independent. We all like to think we have freedom, that we're not controlled by anyone or anything. But science suggests that we are biased creatures with predispositions originating from either our genes or our environments. The nature versus nurture debate has been going since the dawn of psychology. Some say that we are a product of our environments; how we grow up and the conditions we grow up in help determine who we are today. For instance, someone can be a bitter adult due to a poor upbringing or a selfish adult because of a spoiled childhood.

The opposing view of this is that we have genetic predispositions that shape who we are. It's in our genes to like or dislike something; we're already programmed to be a certain way. Scientists have looked into this study by observing twins who have grown up in different environments. Theoretically, if nature wins out, they should be very similar people; however, if nurture is the dominant factor, they would be completely different people.

Homelife, culture, and peers definitely play a role in the makeup of a person. But then there are people like Oskar Stohr and Jack Yufe, identical twins reared apart. One was raised as a Catholic and a Nazi while the other was raised in the Caribbean as a Jew. They both liked sweet liqueur and spicy food, tended to fall asleep while watching television, flushed the toilet before using it, kept rubber bands on their wrists, and had quick tempers. When they met, they were both wearing blue, double-breasted shirts, mustaches, and wire-rimmed glasses.

And this might seem like a freakish coincidence, but it's not an anomaly. Among other examples, there are also the two Jims; twins reared apart named Jim who had sons named James, first wives named Linda and second wives named Betty, dogs named Toy, vasectomies, a woodworking hobby, fondness for Miller Lite, chain- smoking habit, and more similarities they shared.

It seems that nature wins this debate. But I didn't need studies to tell me that. I learned it in a letter.

I don't resent my parents because I'm not able to relate to them. What used to bother me was my brother. It's clear to see that Gerald Singleton King, Jr. is my father's son. They have matching hot-heads and hairlines and a knack for business. My brother borrowed my dad's eyes and my grandpa's height to become who he is. And when you turn to my mom, you can see how G.J. has her social skill and empathetic demeanor.

Then there is me. The shortest person in my entire extended family, the only blue-eyed girl, the sort of person to read Infinite Jest for fun while everyone else has a magazine in their hands. My entire family always told me I was an artist, but I'm pretty sure that's because they didn't know what else to call me.

I always wanted to do something different, and I'm not sure if that's because I was already labeled as different or because I genuinely wanted to. But then my brother went to Brown University and then to Stanford. I had no room to do something awesome because my brother was better; my brother was biological.

It took me a while to stop comparing myself to G.J. I stepped back and remembered: Yeah, I'm different. We don't share the same biological source, so how can my brain cells compare to his?

And I have to remember. It doesn't happen often, but I have to remember that my parents aren't useless. I know I take them for granted; every suburban teenager does.

If they didn't raise me Christian, I wouldn't have found my voice through atheism. If they didn't provide for me well, I wouldn't feel the need to provide well for others. If they didn't teach me the laws of the world, I wouldn't know how to rebel against them. While I found solace in the letters, I had to remember—have to remember—that my ability to relate to strangers doesn't compromise the fact that my parents are, and always will be, superior because they raised me.

Richard is rather poignant. All bio-fathers should be as cool as Richard. No one has ever told me that I'm special the way Richard is telling me I'm special. He writes, "Your existence in this world means a lot to me. It's difficult to put into exactly the right words, but it's kind of like... When you were born, it validated my existence. No matter what I did or did not accomplish from that point forward, there would always be you."

I think I needed Richard's letter more than Chimene's letter. Maybe that's because I was able to relate to him so well, and I needed a father figure to relate to. My dad always had my brother; they bonded over sports and muscle. And I had my mom, which was fine.

But I think I rejected my dad a lot, not only because he was sports-crazed, and I wasn't, but also because I only ever remember the bad things about him. Like the time he threw mashed potatoes in my hair at Thanksgiving. Or whenever he would yell something rude at me, then adopt a gentlemanly Southern accent for his customers on the phone. Or when I called 911 when he collapsed unconscious on the stairs and never received a thank you.

I'm not saying I needed a father figure or that Richard would fulfill that gap I (perhaps) have in my psyche left over from an unrequited relationship that was never really formed. The bottom line is, it's nice to hear that I'm special.

My mom told me she's scared that when I'm upset, I lock myself in my room and look at the battered envelope and dream of a life with a family that would accept me. I don't. I hadn't even touched the envelope for a second time until last week, trying to write this paper and remember why my bio-parents are still important to me.

I wanted to meet them when I was younger. I wanted to live a different life when Hinsdale was too small or too dull for me. I dreamed of the day I would turn 18 and find them wherever they were lurking. It frightened me to think that there were people walking and talking and living out there who came together under erroneous circumstances of which I was a product.

I struggled with the idea that I had two sets of parents, four sets of grandparents, double order of everything, and I'd never get the chance to know half of them. It didn't seem fair that there were two people whose blood I shared living normal lives without me. I never grasped the phrase "blood is thicker than water," because I didn't know whose blood ran in my veins.

I understand my mom's fear that I might get along with my bio-parents if I met them and abandon her to have a hunky-dory relationship. But I think my mom's fear is irrational. She's my mom. It's not as though I'd go running off with some woman I didn't know only because she gave birth to me.

My biological mother wasn't the person I talked to every day after school about my day. She wasn't the person that drove me to all the soccer games I never even played in. She wasn't the person who bought my Christmas presents, who wasn't afraid to touch me when I got the flu because I was stubborn and didn't want a flu shot, who searched online for weeks to find a replacement for my striped Ralph Lauren comforter that I ripped unintentionally while taking a nap. Chimene had nothing to do with my life, nor did she have the right to, because she had never been a part of my life.

I don't know whether or not I want to meet them now. I'm not sure I could stand the humility. "Oh, hi, my name is Maz, and I think I'm your daughter." Yeah, I'm sure Hollywood has already covered that conversation.

And I feel as though I'd be an inconvenience. Out of nowhere, a daughter of sorts comes into their lives. I know they basically plopped right down into my life with that envelope, but I needed to know who they were; I needed just a little bit of information about them in order to accept myself and the differences between my family and me.

If we reversed the scenario, if I contact them, I would feel obligated to keep talking to them, or else it would be too awkward to have a potentially life-changing encounter, only for communication to fizzle out after one or two meetings. And I'm sure that's a hassle, for both them and me, as well as my parents. I don't think my mom could handle it; all her fears would come creeping back, and horrid little ideas would form in her mind in my absence.

But, most importantly, I don't see the point in getting to know my bio-parents anymore. When I was little, I nearly begged for a different life. And now I'm off to college in a semester—I'm forced to have a different life. I don't feel that longing anymore, the sort of longing that requires endless amounts of hoping and pining for something not quite in your reach.

Because the thing is, I'm sure my bio-parents are wonderful people. They sound like wonderful people. But I don't need or want their approval. I don't need or want a relationship with them. I know they exist. And that's enough for now.

Paul C. Holinger, M.D., M.P.H. , a psychiatrist and psychoanalyst, is a professor of psychiatry at Rush University Medical Center and author of What Babies Say Before They Can Talk .

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Adoption Law Research Paper Example

Type of paper: Research Paper

Topic: Children , Family , Nature , Parents , Criminal Justice , Biology , Law , Adoption

Published: 02/13/2020

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Adoption is the process of facilitating guardianship of a child by an adult who legally acquires rights and responsibilities of a parent by doing so. The child called adoptee becomes the legal heir of the adult called adopter and this process terminates legal rights of the natural parent. There are two types of adoption. Open adoption entitles the birth mother to select the adoptive parents of her child while closed adoption takes away all her rights over the child and entitles a State Agency to select the adoptive parents. In some jurisdictions, natural parents can visit and contact after adoption in a regulated manner. Once a parent makes a consensual forfeiture of her rights, she cannot revoke it. In the 1982 Supreme Court case, , it has been decided that natural parent’s right of custody of her child is a fundamental right. There is no fundamental right to adopt as per the U.S. Constitution as held in Lindley v Sullivan, 889 F. 2nd 124 (7th Cir. 1989) . In the cases of adoption being opposed by some biological parents, the child may be adopted only if the parental rights are involuntarily terminated. It can happen when mother relinquishes but biological father refuses to give consent, when the stepparent adopts, non-custodial inactive father objects and when the abused or neglected child is under foster care, biological parents who have not yet rehabilitated themselves may oppose to voluntarily relinquish their children for adoption. Supreme Court decision Santosky v Kramer requires “clear and convincing evidence for termination legal rights of biological parents . The objective of American adoption law is the creation legal parent-child relationship just as what is created when a child is born. However, the procedures and standards of adoption that ensure protection and balancing of the interests of all the parties have been difficult Different methods (styles) of adoption are: Domestic (In-country) Adoption in which there is infant adoption usually of child under one year or two years in some cases. Special Needs Adoption: In America there are approximately 114,000 special needs children currently under foster care requiring adoptive families. Intercountry (International) Adoption by which Americans have adopted orphaned children in wars in different parts of the world.

Works Cited

Bix, Brian. The Oxford Introductions to U.S. Law: Family Law. 2. USA: Oxford University Press, 2013. Print. LegalInformationInstitute. Adoption: An overview. 19 August 2010. Web . 3 Sept 2013. <http://www.law.cornell.edu/wex/adoption?quicktabs_3=0#quicktabs-3>. Moe, Barbara A. Adoption : A Reference Handbook. . Santa Barbara, California: ABC-CLIO, 2007. Print. Nolan, Laurence C and Lynn D Wardie. Fundamental Principles of Family Law. 2. Buffalo, New York: Wm. S. Hein Publishing, 2006. Print. Santosky v Kramer. No. 455 U.S. 745. U.S. Supreme Court . 1982.

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Adoption Law

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Bangor Daily News

Maine news, sports, politics, election results, and obituaries

LGBTQ+ families find protection and affirmation in Maine’s new confirmatory adoption law

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Brigid and Mattie Black are playing with their 2-year-old son Bennett at their home in Saco, hiding toy dinosaurs in plastic eggs. Joy explodes across his face when he finds his favorite.

“A tetradactyl!” he yells in excitement.

Mattie and Brigid are married, and they conceived Bennett with the assistance of a sperm donor. Mattie gave birth to him in January 2022.

“He calls me Momo,” Mattie said.

“And I’m mama,” Brigid said.

After the U.S. Supreme Court overturned Roe v. Wade, the couple feared that a conservative shift could erode rights for LGBTQ+ people, including Brigid’s parenting rights.

“As the non-gestational carrier, I just felt like I had to do whatever it took to secure parent rights to Bennett,” Brigid said. “So there’s never any question [and] nobody can take those parent rights away from me.”

So, the couple decided that Brigid should get a second-parent adoption decree. Brigid said the judge presented unnecessary obstacles during the process, asking both Brigid and Mattie to get background checks, even though it wasn’t required for both. And their sperm donor had to complete an affidavit saying she was Bennett’s parent, despite already having a contract.

“He’s not involved as a parent in anyway,” Brigid said. “So you know, that just feels redundant and frustrating. And kind of insulting.”

Other Maine families report facing similar hurdles in court, some judges even requiring waiting periods and home inspections. While these are normal steps for a standard adoption, LGBTQ+ parents say they are unnecessary and invasive hoops to jump through to adopt their own child.

“It kind of felt like I was just a fresh … like I was a step-parent coming in to adopt a child who was kind of relatively new to the picture. Whereas I’ve been Bennett’s parent since the very beginning. You know, we dreamed Bennett, we conceived him,” Brigid said. “It just felt like a situation that maybe didn’t quite apply to what I was doing.”

In October a new law went into effect in Maine that streamlines the process securing legal parenting rights for LGBTQ+ couples using assisted reproduction. It’s called confirmatory adoption.

“It removes some of the burdens that previously existed,” said Eviana Englert, an attorney at Burstein Shur in Portland.

Englert said the new law just requires families to fill out a few forms in county probate court and pay a $65 filing fee.

“You just need to submit a petition that includes like the child’s birth certificate, and explanation of the circumstances of the child’s birth through assisted reproduction and just an attestation that there are no competing parentage claims in existence from somebody else,” Englert said. “It becomes a lot more accessible for people and to be able to get that safety and security of an adoption decree in a way that’s a lot more affordable.”

Englert recommended that families consult a lawyer with any questions about the new confirmatory adoption process.

Maine is just the eighth state in the country to pass a confirmatory adoption law. At least one state, New York, currently has a pending confirmatory adoption bill. But legal parenting rights for the non-biological parent are still not guaranteed in many parts of the country. A 2023 report  found an urgent need for states to update their outdated parentage laws, citing the impact on children’s well-being.

“In the past year, a number of state courts have stripped a marital LGBTQ parent of their parentage,” said Polly Crozier, the director of family Advocacy at GLBT Legal Advocates and Defenders. “So a court in Oklahoma, a court in Pennsylvania, a court in Idaho said a child born into an LGBTQ marriage is not the child of the non-biological parent. That is very frightening. But if you have an adoption, you are totally secure to your child.”

Crozier said Maine has been a leader in inclusive parentage laws, providing legal protection for LGBTQ+ parents through several laws in the last decade, including presumed parentage for married couples and an ‘Acknowledgment of Parentage’ form, which gives parents legal protection in Maine.

But, Crozier said, many families still want an adoption decree, so they’re protected when they travel to another state.

“Unfortunately, worst-case scenarios happen. And you get challenged,” she said. “I myself have been challenged at an airport … Where’s your children’s father? It’s like, Nope, I’m going to pull out my adoption decree, pull out my marriage certificate, pull out their birth certificates. I think many people don’t understand that for many LGBTQ parents, there’s really that feeling of anxiety and fear quite a bit.”

In recent months, several new LGBTQ+ parents in Maine said the confirmatory adoption process was very straightforward and made them feel more secure. Like Englert, who just gave birth in February.

“It sends a really clear message — you are just as much of a family as everyone else in this state, and you deserve the same rights and protections and also deserve to like obtain those rights and protections in a way that’s not burdensome or invasive or intrusive or offensive,” Englert said. “It makes my family feel really seen.”

Brigid and Mattie Black want to have another baby someday, and Mattie said the new law provides relief.

“It does feel a bit like a weight coming off our shoulders to be like, it’s cheaper and easier. And … there’s less question of like, is some judge gonna say no, to her adopting her own child?” Mattie said.

Brigid testified in support of the confirmatory adoption bill last summer. She is proud that she could play a small role in helping other LGBTQ+ families in Maine.

“We’re just people looking to have and raise families and that’s a universal thing,” Brigid said. “That shouldn’t divide us, that should be something that pretty much unites everybody.”

This article appears through a media partnership with Maine Public .

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DEVELOPING: Israel carries out strike in Iran, source says

Russian constitution change ends hopes for gay marriage

ST. PETERSBURG, Russia — At the Lagutenko wedding in 2017, the couple exchanged vows, rings and kisses in front of friends and relatives, then took a traditional drive in a limousine, stopping at landmarks for photos.

But because they were both women, the wedding wasn’t legal in Russia.

If Irina and Anastasia Lagutenko had any hopes they could someday officially be married in their homeland, the possibility vanished on July 1 when voters approved a package of constitutional amendments, one of them stipulating that marriage is only between a man and a woman .

Unlike many LGBTQ people in Russia who keep low profiles because of pervasive enmity against nontraditional sexuality, they live openly as a same-sex couple with a 21-month-old boy, named Dorian, who was born to Irina.

They lack, and probably never will receive, those rights accorded to heterosexual couples. They won’t be allowed to refuse to testify against their partner in court, they won’t automatically inherit from each other, and they can’t see each other in hospitals that only allow visits by family members. Anastasia is not a legal guardian for Dorian and can’t become one.

“I want to have the same legal rights for the child,” Anastasia told The Associated Press as Dorian played in her lap in their apartment.

“I planned this child. We went all the way of the pregnancy and the childbirth together, and now, I am 100 percent, 200 percent involved in the process of upbringing, and I consider him mine,” she said.

NBC OUT Russian voters back referendum banning same-sex marriage

Although Russia decriminalized homosexuality decades ago, animosity against gays remains high. In 2012, the Moscow city government ordered that gay pride parades be banned for the next 100 years. The following year, the parliament unanimously passed a law forbidding “propaganda of nontraditional sexual relationships” among minors.

Attacks on the gay community persist. Last summer, the murder of Yelena Grigoryeva , an LGBTQ activist in St. Petersburg, made national headlines. Dozens of other activists received death threats from an obscure anti-gay group that claimed responsibility for the killing of Grigoryeva, who was stabbed repeatedly and showed signs of strangulation.

In 2017, reports of extrajudicial arrests, torture and killings of gay men in the republic of Chechnya drew international condemnation.

Last year, Andrei Vaganov and Yevgeny Yerofeyev, a couple raising two adopted children, had to flee Russia after a doctor reported them to police and authorities opened a criminal case. Adoption by same-sex couples is banned in Russia, but Vaganov had applied as a single father.

Max Olenichev, a lawyer with the Coming Out gay rights group, said there are instances of tolerance by some courts. He said he has worked on seven custody cases in which judges refused to take away custody, saying that sexual orientation doesn’t play a role in a child’s upbringing.

But he is concerned that the constitutional changes will encourage anti-gay views.

Previously, “the state had to create equal opportunities for all people that live in Russia, both for LGBT people and non-LGBT people. When these amendments come into effect, then in fact the state will only support conservative values and promote them. LGBT people will be left behind,” he said.

“Our society really looks up to what the government does, so any kinds of public actions promoting homophobia, transphobia, biphobia, many people may perceive as a call for action. And we believe that there will be more hate speech and hate crimes, and that LGBT people will suffer more violence,” Olenichev said.

Pyotr Tolstoy, a parliament member who supported the changes to the constitution, says Russia is “a stronghold of traditionalism,” reflecting the widespread view that the country is under siege from decadent foreign influences.

The amendments will allow Russia “not to repeat the mistakes that exist in the West,” he told the AP. “These mistakes, in my opinion, are fundamental, when certain people — the LGBT community or certain race groups — are being given additional, special rights. More rights than the majority.”

NBC OUT Polish president proposes constitutional ban on gay adoption

President Vladimir Putin has rejected criticism of the constitutional amendments and the gay propaganda law.

He said that in some countries, “criminal law provisions still exist under which people of nontraditional sexual orientation can be persecuted criminally, as it was in the Soviet Union. We don’t have anything similar to that.” Putin’s remarks came after passage of the amendments package, which also allows him to seek two more terms in office.

Tolstoy, who is a deputy speaker in the lower house of parliament and heads the Russian delegation to the Parliamentary Assembly of the Council of Europe, rejects the idea that the provision outlawing same-sex marriages in the constitution promotes intolerance.

“In our country, people are tolerant to all communities, as long they don’t demand any special rights,” he said.

For Irina and Anastasia Lagutenko, it is not about any kind of special rights. Anastasia says she just wants basic rights given to every parent — the “reassurance” that she is “a lawful parent, like parents in a traditional family.”

“When you have a legal right for a child, you feel safe,” she said.

“I want people who think that families like ours don’t exist to see us — (to see) that our family is complete, we have an excellent child, and to accept this fact.” Irina said. “We don’t have a fear of living in the open and we won’t hide, because we are the same people and we have the same rights.”

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Humane Society  of the Palouse

"helping those who cannot help themselves.", intake process.

Stray animals

If you have found a stray pet,  click here.   If you have found a stray pet after hours, click here.  

Stray dogs that are found in the city limits of Moscow are held for 10 days, while we search for an owner to claim them. Stray dogs that are found in Latah County are held for 6 days, while we search for an owner to claim them. Stray cats that are found either in city limits of Moscow or Latah County are held for 6 days, while we search for an owner to claim them. 

Upon arrival, HSoP staff immediately search for any identification (collar, ID tags, and microchips). If the animal has identification we contact the owners to alert them their animal is safe with us, and waiting to be picked up. If the animal does not have identification, or we cannot get a hold of the owners, we post a picture and description of the animal to our Facebook page.  

For information on fees when claiming your lost pet, click here.

If the animal is not claimed during the stray holding period, we begin the process of getting the animal ready for adoption. All animals adopted from HSoP are spayed/neutered, vaccinated, and microchipped prior to leaving the shelter. 

Owner Surrendered animals

Animals may be surrendered to HSoP for any number of reasons. HSoP does not accept aggressive animals, or animals with a known bite history. When an animal is surrendered to HSoP, we immediately start the process of getting them ready for adoption. If the animal is not already, we will spay/neuter, vaccinate, and microchip them.

For more information about owner surrenders, click here. 

*** HSoP is a no-kill shelter, which means we are limited admission intake. We do not euthanize animals for space. When our kennels are full we do have to place animals on our wait list to be brought into the shelter when space is available. Our wait list is dependent on our adoption rates. The quicker our animals find loving homes, the quicker we can bring new animals into HSoP. 

Dog Bite Quarantine Holds

For more information about dog bite quarantine holds at HSoP, click here.

HSoP does not have the capacity or safe-housing to take feral cats into our shelter.

For more information on feral cats, click here. 

Other Animals

HSoP does not have the space or safe-housing to take in birds or reptiles. HSoP does accept "pocket pets", such as ferrets, rabbits, rats, hamsters, and guinea pigs. We are limited on space for our small animal friends, so we do keep a wait list for animals to come in when we are full.

Read through our resource sheet for Found Pets .

Contact HSoP (208) 883-1166 to leave a "found" report, and see if an owner has contacted us missing this pet. ​​

Dogs found in Moscow and Latah County may be brought to the HSoP for holding until an owner is located.​

HSoP can also scan any found pet for a microchip. This service is also available at veterinary clinics.  

Contact your local police department or sheriff's office. An owner may have left a report with them.

    Moscow Police (208) 882-2677

    Sheriff's Office (208) 882-2216  

Make flyers in eye-catching colors with a photo and description of the found pet. Post flyers in your neighborhood, local shelters, veterinary hospitals, local websites, and grocery and feed stores. Even if the animal is in the shelter, these efforts will help the animal return home.  

Be aware that it is against City Code to post flyers on public property, such as telephone poles. ​   ​"The City of Moscow would like to remind citizens of the limits on posting signs or posters.  Per City Code Title 10 Section 1-22, posters or signs may not be attached on property that does not belong to the poster without first obtaining the consent of the property owner or their agent.  Also, posting signs on public property or right of way is prohibited.  The City does provide a free public bulletin board in Friendship Square for posting notices that is available to the public."   

If an owner has not been identified after the holding period, the animal will be evaluated for adoption. To learn more about procedures for stray animals visit our  Intake Process  page.

The holding period for found dogs in the city​ is 10 days.

The holding period for found dogs in the county is 6 days.

The holding period for found cats is 6 days.

Cats ar e allowed to roam freely in Latah County. If you feel a cat is indeed a stray, please contact us prior to bringing the cat in. If the cat is friendly and you are able to handle it, please put the cat in a carrier and call HSoP to let us know you plan on bringing in a stray cat. We currently cannot accept feral cats.

Stray Pets Found After Hours

If you found a stray dog in moscow city limits, you may call the non-emergency police line at (208) 882-2677 to have a moscow police officer impound the dog at hsop. the dog will be placed in our indoor kennels with food, water, and a bed until hsop staff arrives the following morning. we will scan the pet for any identification, and start the process of reuniting the pet with their owner. , if you found a stray dog in latah county limits, you may call (208)882-2216 to have a latah county deputy impound the dog at hsop. the dog will be placed in our indoor kennels with food, water, and a bed until hsop staff arrives the following morning. we will scan the pet for any identification, and start the process of reuniting the pet with their owner. , there is no assistance for stray cats found in moscow or latah county., if you find an injured stray pet after hsop and the local veterinary clinics have closed, you can call washington state university veterinary teaching hospital at 509-335-0711., owner surrendering companion animals.

We understand there are circumstances where finding your pet a new home may seem like the best option… In the event you can no longer care for your pet, contact us at (208) 883-1166 to discuss how HSoP can help.

While we would love to accept all animals, for the safety of our animals and staff we are unable to accept the following:

Animals with known aggression problems or behavioral disturbances, which would prevent them from being adopted

Animals that have bitten someone

Animals with known contagious or fatal diseases

Feral animals

How do you surrender a pet?

Please understand that as a limited-access, no-kill facility, we do not have room for all animals.  In order to stay a no-kill facility, HSoP does not euthanize to make space. 

That being said, to adhere to our no-kill stance we are unable to offer “walk-in” owner surrenders .  Please contact HSoP to discuss our owner surrender process prior to arriving at HSoP with your owned pet.

How many animals we adopt out decides how many animals we can take in, and this includes stray animals.  Once HSoP reaches our care capacity, we cannot take in more animals.

Call (208) 883-1166 OR email: [email protected]

Owner Surrender Fees:

Feline Owner Surrender Adult

Feline Owner Surrender under 6 months

Canine Owner Surrender under 2 months

Canine Owner Surrender 2-6 months

Canine Owner Surrender Fee Adult

To help HSoP better find the best possible home, we ask owners to fill out a personality profile for their pet.

HSoP also requires a copy of any medical care an owned animal has received.  Including but not limited to, spay/neuter and vaccination information. HSoP asks for a copy of any medical care provided, but surrendered animals are NOT required to be up to date on vaccinations, spayed or neutered prior to arrival.  

Hours of operation

Open Monday -  Saturday from 1:00-6:00pm, dog kennels close at 5:00pm

Closed Sundays

If HSoP does not have space, what next?

View our resource page for Pet Rehoming Services and Assistance .

If your pet is spayed/neutered, we can help advertise your pet on our Petfinder page . We will create a courtesy listing for your pet, and advertise them along with our other adoptable pets. HSoP will only assist in the advertising, and you will be in control of the re-homing process. You will decide if there is a re-homing fee, home checks, or any other adoption requirements for your pet. The goal of courtesy listing is to help your pet find a new home, without needing to come into HSoP. If you would like HSoP to courtesy list your pet, please call us at (208)883-1166.

Alternatively, you can list your pet to be rehomed through Rehome by Adopt-a-Pet. This service allows you to create your own free listing to advertise your pet to others. It offers screening questions, resources for choosing a good family, and full control over where your pet goes. Your pet does not need to be spayed/neutered to use this service, but the new owners are obligated to have your pet fixed within 30 days of adoption. The adoption fee is passed along to the referring shelter or shelter of your choice, which helps us to care for any homeless pets that make their way into our facility. 

If you need assistance getting your pet spayed/neutered, click this button: 

• Does HSoP euthanize animals? The Humane Society of the Palouse is a low/no-kill shelter. HSoP will not euthanize adoptable animals due to space. We’ve stayed true to our mission for 45 years and are committed to preserving and nurturing the lives of all the rescued animals in our care. We reserve humane euthanasia only in instances when animals are suffering greatly with no potential for relief, or if an animal is so aggressive that he or she presents a danger to people or other animals and cannot be safely handled or placed. The decision to euthanize is never made lightly and done only with the best interest of the animal in mind. HSoP is committed to providing all of the animals we rescue with the individualized and compassionate care they need and deserve until they are adopted by responsible, loving people.
• How many canines does HSoP help per year? Each year HSoP provides temporary housing for anywhere from 200-300 dogs.
• How many dogs are returned to their owner, and how many are adopted out per year? For stray dogs that are found within Moscow city limits, HSoP on average will be able to reunite 60% with their owners and 40% will remain in shelter care until adopted. Whereas stray dogs that are found outside of Moscow city limits, HSoP on average will be able to reunite 40% with their owners and 60% will remain in shelter care until adopted. We strongly encourage all pet owners to equip their pets with accurate ID to increase the likelihood of them coming home if they ever get lost. We encourage microchip ID for all pets, and strongly recommend a collar with an ID tag containing the owner's contact number.
• How many felines does HSoP help per year? Each year HSoP provides temporary housing for anywhere from 200-300 cats. HSoP generally has more cats than dogs
• How many cats are returned to their owner, and how many are adopted out per year? For stray cats that are found within Moscow city limits, HSoP on average will be able to reunite 10% with their owners and 90% will remain in shelter care until adopted. Whereas stray cats that are found outside of Moscow city limits, HSoP on average will be able to reunite 1% with their owners and 99% will remain in shelter care until adopted. We strongly encourage all pet owners to equip their pets with accurate ID to increase the likelihood of them coming home if they ever get lost. We encourage microchip ID for all pets, and strongly recommend a collar with an ID tag containing the owner's contact number. Cats should wear breakaway collars if possible.
• How is HSoP funded? For a more detailed view of HSoP finances, visit our Financial Transparency page.
• How much funding needs to be donated or raised by HSoP to make up the 35% and 8% of the annual budget? Each year, HSoP has to raise over $80,000 through donations and fundraising just to keep our doors open. ​ This is why any size donation is greatly appreciated. Without the generous and continued support of our pet community, HSoP would not be able to do what we do. Donate today!
• Is the Humane Society of the Palouse part of the Humane Society of the United States? No. HSoP has no affiliation with HSUS or the ASPCA. Though we do look to the national animal welfare organizations to stay current with best practices, we do not receive funding nor are we affiliated with them. HSoP does apply for grants through these large national organizations, however HSoP does not receive annual funding from the HSUS or ASPCA.
• Who is involved with HSoP? City of Moscow, Chief of Police City of Moscow owns the building and pays for utilities and make up 22% of HSoP yearly budget. Latah county provides 10% of HSoPs’ yearly budget. HSoP presents to the County Commissioners every year to request funding. HSoP Voluntary Board of Directors 14 members who bring a variety of expertise to the organization. HSoP has a full time staff of 5 that include: Shelter Director Animal Care Attendants Public Relations Manager Countless Volunteers
• Does the Humane Society of the Palouse pick up stray animals? The Humane Society does not pick up animals. Stray dogs found within Moscow city limits can be reported to the Animal Control Officer by calling (208)882-2677. If a stray dog is found in Latah County, citizens can call the Latah County Sheriff’s office at (208)882-2216 for assistance, but do so knowing there is no animal control for Latah County. There is no animal control for stray cats.
• Where does HSoP list stray or impounded animals? HSoP lists all stray or unclaimed animals on our Facebook page. To see the most recent stray and impounded animals, please visit our Facebook page through this link: Humane Society of the Palouse | Facebook
• If my pet is missing, could it be at the animal shelter? Hundreds of companion animals come into the shelter every year from Latah County. If your pet is missing, it is important that you contact the shelter as soon as possible so that a missing pet report can be completed and shelter staff can be notified to look for your pet. It is also important that you visit the shelter in-person and look for your pet on a regular basis. Please remember that it is the responsibility of the pet owner to search for their missing pet; however, HSoP will do everything possible to assist you in doing so. We also encourage posting a photo, description and information about where your pet went missing from as well as when to local lost and found groups on Facebook.
• What happens if my pet is brought to the shelter? If your pet is not readily identifiable by tag or microchip, your pet will be held for a stray holding period. Dogs found in the City of Moscow have a 10-day holding period. Dogs found outside of Moscow but within Latah County have a 6-day holding period. Cats found anywhere within Moscow or Latah County have a 6-day holding period. The Shelter will make every effort to contact you regarding your pet during this time. Reclaim fees apply in each situation and must be paid prior to reclaiming your pet. Unclaimed pets become the property of HSoP following the end of a stray holding period. Once this happens, they start the process of becoming ready for adoption. Please ensure that all of your pets have accurate ID to increase the chance of being reunited with them if they ever get lost.
• What does it cost to reclaim my pet from the shelter? Pet owners are charged an impound fee of $20.00. To reclaim a dog that lives within Moscow city limits, if the dog is not already licensed with the city, the purchase of a lifetime license is mandatory. The license is $25.00 for altered dogs and $35.00 for intact dogs. Boarding fees of $10.00 per day are charged for each day of impound after the initial twenty-four hours of arrival at the Shelter
• Do I have to have my pet spayed or neutered? Spaying or neutering is not required for reclaimed pets, although we encourage responsible sterilization of pets and offer assistance through S.N.A.P. Spaying or neutering your pets can prevent unwanted litters and even prevent some cancers in your beloved cat or dog. There are already so many homeless cats and dogs at the shelter, we don't need anymore! If you are in need of assistance having your pet spayed or neutered, please apply for our Spay/Neuter Assistance Program (SNAP).
• If I witness what I believe to be an act of animal cruelty, who do I call? Humane Society of the Palouse encourages the public to IMMEDIATELY report acts of animal cruelty or neglect to Animal Control by calling (208) 882-2677 if occurring within Moscow city limits, and (208) 882-2216 if occurring in Latah County. HSoP does not have the ability to report cruelty or neglect secondhand. If we are contacted about situations of this kind, we will direct them to contact local law enforcement.
• Does HSoP offer veterinary services to the pulbic? Though we would love to offer spaying/neutering and vaccination services to our local pet community, HSoP does not have the ability or facilities to do so at this time. HSoP does offer assistance through our Spay/Neuter Assistance Program (SNAP), and microchipping services. For a list of local veterinary services, please view the Veterinary Services resource page in the HSoP Resource Library.
• Does it cost money to surrender an owned animal? Yes. HSoP does ask for a small donation to help provide care for owned pets that have been surrendered. Please visit our Owner Surrender page to learn more.
• How old do I have to be to visit the shelter? Anyone is welcome to visit the shelter during our open hours! We do have some restrictions about who can see and interact with shelter pets: - You must be at least 18 years old to enter our dog kennels or to interact with our adoptable dogs without a parent or guardian present. - You must be at least 18 years old to interact with our adoptable cats without a parent or guardian present (unless you're working a junior volunteer shift). - Those 17 and under are welcome to visit the shelter and interact will all of our adoptable pets, so long as they're accompanied by a parent or guardian over the age of 18.
• I'm going on vacation, can you board my pet? No. At this time HSoP does not offer boarding services for pets. There are several boarding facilities throughout Latah County and most vet clinics will also board. For a list of local boarding services, please view our Pet Boarding Services resource sheet in the HSoP Resource Library.
• I found a wild animal hurt in my yard, what should I do? HSoP is not equipped care for wildlife. If you've found an injured or orphaned wild bird or animal, please call Palouse Wildlife Rescue and Rehabilitation at (208) 614-2273. For more information, please visit their website: Palouse Wildlife Rescue and Rehabilitation
• I found a feral cat, what do I do? HSoP does not have the ability to provide care for feral cats within our facility. We do have a Trap-Neuter-Return (TNR) program for feral cats living on owned property in Latah County. The program intends to reduce feline infectious diseases and homeless cat births in our region, by providing feral cats with vaccines, spay/neuter surgeries, and ear-tips for identification.
• Why can’t I bring my animal to the Humane Society of the Palouse if I live outside of Latah County? HSoP does not euthanize to make space. We do not have the capacity, space, or manpower to receive animals from outside of the agreed jurisdiction we have with the City of Moscow and Latah County. We recommend contacting the shelter that services your county and they may be able to help.

Dog Bite Quarantine Hold FAQs

Microsoft’s Out-of-Box Thinking on AI Demands Full FTC Scrutiny

When Federal Trade Commission Chair Lina Khan recently said on “The Daily Show” that “there’s no AI exemption from the laws” on monopolies, the FTC must make that true by using all its enforcement and research power to prevent anticompetitive activity in artificial intelligence.

Fortunately, the FTC has launched an inquiry into the relationships between the leading AI and cloud service companies to better understand how their web of partnerships and investments will impact competition and innovation. It’s a welcome first step to protecting the competitive landscape in two of the fastest-developing technological markets in the world.

But studying alone will be inadequate, especially when AI poses the risk of radically changing markets. The FTC must look at all its tools in scrutinizing Microsoft’s recent actions, which risk letting the world’s most valuable company create an AI “ walled garden .”

Microsoft stands alone in the creative ways it employs to snap up AI talent and intellectual property for its vertically integrated AI stack while avoiding antitrust scrutiny. The company’s $13 billion investment in OpenAI locked the AI darling into Azure , creating exclusive access to OpenAI’s intellectual property to use and license. While not an acquisition, the investment, in the words of CEO Satya Nadella, placed Microsoft “below, above, and around” OpenAI, and enabled Microsoft to be self-sufficient in AI. The European Commission’s determination that Microsoft “doesn’t control the direction of OpenAI” contradicts Nadella’s position, and makes the FTC’s efforts all the more important.

With Inflection AI, Microsoft took a blunter approach. Under Nadella’s leadership, Microsoft hired two of Inflection’s three executives and a broad swath of the company’s AI researchers and developers. Inflection has since pivoted to a new line of business.

In both cases, Microsoft’s end game seems to be to absorb entire companies’ worth of talent and IP and then neutralize, or at least co-opt, competitors to its CoPilot AI tool. The OpenAI-Microsoft tie-up sparked an antitrust probe in the UK late last year.

Microsoft appears to have a playbook of using strength in one market to capture market share in another. It has used restrictive licensing practices and leveraged its dominance in on-premise cloud infrastructure.

Now it seems to be bringing these same tactics to AI, deploying its massive Office 365 and Azure customer base to drive adoption of Copilot, which it then can tie to license agreements. No doubt every company in tech is watching to see if and how the FTC responds.

The FTC can take several actions. The commission is perhaps best known for its trust-busting lawsuits, but antitrust investigations require significant time and resources—and can take years to adjudicate and resolve. Official investigations into Microsoft’s AI non-acquisition acquisitions may be necessary, but the FTC can do more than sit back and watch.

The commission was established to oversee not only antitrust regulation but also non-enforcement actions like studies and policy statements that would encourage competition and protect consumers. It has de-emphasized these aspects of its mandate since the 1980s. But Khan has been a bit of a throwback by vigorously using non-enforcement actions available to the FTC such as policy statements.

This approach is clearly in Khan’s playbook. She forcefully and publicly made the case about the steps the FTC was taking to bring down drug costs and promote competition to government and industry leaders in March. We need this same three-pronged approach in the AI and cloud markets.

As the FTC continues its inquiry into AI investments and partnerships, it must adopt the active and vocal use of its non-enforcement powers to drive public awareness, legislative attention, and industry actions to bring greater competition and fairness to the cloud and AI markets. Innovation, access, and lower costs for consumers and industry will follow.

The policies and precedents we set today will set the competitive balance of these markets for generations to come.

(Article has been updated with author disclosure)

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Author Information

David Balto is the former policy director of the FTC and has practiced antitrust law for over 30 years. He has advised Google on a consulting basis in his capacity as legal counsel.

Write for Us: Author Guidelines

To contact the editors responsible for this story: Rebecca Baker at [email protected] ; Alison Lake at [email protected] ; Jada Chin at [email protected]

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Home — Essay Samples — Geography & Travel — Travel and Tourism Industry — The History of Moscow City

The History of Moscow City

• Categories: Russia Travel and Tourism Industry

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Published: Feb 12, 2019

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