Comparing Adoption and Child Trafficking Part II: The Legal importance of language
08 May 2010 Leave a Comment
in fighting false adoption perspectives, oppression
Many other people have discussed this, the importance of language. “birth” titles are discussed, “adoptive”, “adopter”, and a whole list of appropriate vs inappropriate titles.
The one that is neglected is the actual term of adoption. If you have voluntarily given your consent to give up your rights to your child, and voluntarily placed your child, and were informed of the consequences of both yourself and your child, then you have an adoption.
For the rest of us, we experienced child trafficking, and often times were told by the people stealing our children, that it was “adoption”. (See previous post: Comparing Adoption to Child Trafficking: Part I Well, they tricked us.
When the parents use the term adoption, they are automatically giving permission with their words. Reason being? If it was an adoption, then it was voluntary, without coercion, and without fraud.
Now, in terms of the court process… what happens? If it is considered an adoption by the courts, and the parents who are attempting to dispute the “adoption”, then it is automatically sent to the civil courts. If it is referred to as kidnapping, it goes to criminal courts.
Let me give you a brief synopsis of each.
What happens in civil court? Two or more parties enter the court with a dispute. In the case of adoption, it falls under family court, and are mostly sealed documents, which means, no one outside of family court can access these documents. The civil case reaches an agreement, sends the parties home with the agreement, sometimes with an exchange of monetary damages if necessary. Parents pay for their own lawyers.
In criminal court, there is usually a district attorney assigned to the case. The parents who’ve experienced a child being kidnapped and trafficked have legal representation. The plaintiffs again are the parents, only this time, the defendants are the kidnappers, and can also include all others who’ve knowingly allowed the situation of child trafficking to occur, agency and lawyer staff, agency, lawyer, and so on. When the decision is made, and a guilty verdict is reached, then all those found guilty pay fines and serve jail time. There is no jail time in civil cases.
