Milwaukee Court Ruling
Celeste
Date: Sat, 24 Jan 1998 21:12:20 -0500
From: bobr...@aol.com (Bobrose11)
Subject: Milwaukee Court Ruling
Robert & Rosemary Albrecht
Oak Creek, Wisconsin
January 24, 1998
Reference: Adoptive Children Are Our Blood Children
This correspondence is to advise you of an incredible court ruling that
occurred the morning of January 22, 1998 in the Milwaukee County, WI Children's
Court. Judge Daniel Konkol, in his ruling, said that because our daughter and
our son were adopted, he did not consider them blood relatives, therefore, they
do not have the same right as siblings with the same bloodline. Judge Konkol
used this ruling to dismiss my son's petition to adopt his 14-month-old,
orphaned niece.
Last May our daughter passed away after a short fight with breast cancer.
Eleven weeks later, her husband was killed in an automobile accident. At
various times since then, different family members have expressed a wish to
raise the baby. As of yesterday, it was my son petitioning for adoption,
contested by the godparents petitioning for guardianship.
Our son was thoroughly evaluated by an adoption agency, and was highly
recommended to be the baby's adoptive father. The godparents of our
granddaughter, second cousins, who have no attachment to the baby, filed for
guardianship.
The godparents' attorney filed a motion that the adoption petition should not
be accepted on the grounds that our son, because he is adopted, was not a
"blood relative" of his sister, and therefore not a "blood relative" to his
niece. This stance was stated by the godparents prior to the hearing.
Our son, Scott, and our deceased daughter, Suzanne, are both adopted children
since infancy. We were appalled at Judge Konkol's ruling and one that he made
in a matter of minutes, without thought or consideration. Because Suzanne and
Scott did not have the same blood running through their veins, Judge Konkol
stated they did not meet the definition of a blood relative. Judge Konkol, in
his ruling of 1/22/98, said that because our daughter and our son were adopted,
he did not consider them blood relatives and, therefore do not have the same
right as siblings with the same bloodline. He would not hear any of the
objections of the attorneys who attempted to cite the many adoption statutes
that gives an adopted child, for all legal purposes, the same equality and
consideration as a biological child.
Judge Konkol's primitive thoughts on adoption, as much as said that our son is
nobody, doesn't belong in our family, did not have a sister that he grew up
with and loved dearly, and does not have a niece he loves. Carried even
further, because he doesn't have our blood, we are not his parents! Under the
court's ruling, my husband and I also have no right to adopt because we are not
blood relatives to our children. This is an outrage and every adoptive child
and adoptive parent needs to be concerned about such a ruling.
Our son plans to appeal the decision in the appellate court. We believe that
there are no reported decisions on this point because no other judge has ruled
in this fashion since the Middle Ages.
We need help in getting this issue heard as quickly as possible for the sake of
Abigail and every adoptive child and adoptive parent out there. I ask that you
write or call the Wisconsin State Legislature, your local state representative,
and/or contact the media. Please do what you can to make other people inside,
as well as, outside the adoption community aware of this tragic and incredible
ruling, which makes adoptive children less than equal.
We can use all the assistance you are willing to provide. The attorneys
indicate the appellate courts could consider "Friends of the Court" briefs
from interested groups.
Please contact attorneys, Dave Geraghty (414-277-1400) or Mike Fitzgerald
(414-221-9600), and/or myself, Rosemary Albrecht (e-mail: Bobr...@aol.com)
for more information and direction.
Sincerely,
Rosemary & Robert Albrecht