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Sunday, January 21, 2007

Ind. Decisions - "State appeals twin girls' adoption by N.J. man"

"State appeals twin girls' adoption by N.J. man: At issue is whether infants born to surrogate were 'hard to place'" is the headline to a lengthy, featured story by Kevin Corcoran on the front-page of this Sunday's Indianapolis Star. It begins:

Months after a Hamilton County judge decided in closed court to allow an unmarried New Jersey man to adopt twin girls over the objection of child welfare officials, the state is appealing the decision.

The state's notice to the Indiana Court of Appeals indicates officials will challenge whether the blond, blue-eyed girls, born six weeks early to a surrogate mother at Methodist Hospital in April 2005, had special needs making them hard to place.

That's a requirement before residents of other states can adopt in Indiana.

Attorneys for the Indiana Department of Child Services say the adoptions also violated interstate laws meant to ensure that children adopted across state lines end up in safe homes, according to the court filings, which the appeals court clerk has refused to publicly release.

James W. Payne, Indiana's top child-welfare official, acknowledged he authorized appealing the adoptions by Stephen F. Melinger, 60, Union City, N.J.

"We think there are issues that are significant to the business of child welfare and child safety," Payne said.

Payne declined to answer any specific questions, citing warnings from Hamilton Superior Court Judge William J. Hughes to the parties involved not to discuss the adoptions. Payne said he was worried about being found in contempt if he says too much.

Melinger's attorney, Steven C. Litz, filed an emergency motion in Hamilton County last week seeking a hearing on whether parties in the case should be held in contempt for violating confidentiality orders.

Litz's motion also asked for an emergency restraining order against The Indianapolis Star prohibiting it "from publishing further articles relating to this matter, including the filing of this motion." Hughes denied that motion Thursday.

Posted by Marcia Oddi on January 21, 2007 01:52 PM
Posted to Ind. Trial Ct. Decisions