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Open Adoption Blog

08/31/07

As Gary Stocklaufer Undergoes Surgery, Judge Rules On Adoption Appeal

Posted by : Deb Donatti in Open Adoption Blog at 10:29 pm , 662 words, 607 views  
Categories: In The News


I have waited, and prayed, and done whatever I am able to assist from my small corner of the adoption community, but nothing could have prepared me for the latest news concerning the Stocklaufer family’s adoption appeal.

Gary Stocklaufer, the Missouri man I blogged about earlier this month, who had his adoptive son removed because the court felt he was to fat to parent, has apparently received a verdict concerning his hearing request.

The judge has denied their appeal.

Far more disturbing than the news that the court is unwilling to hear an appeal over this family’s adoption petition for baby Max, is the fact that the court decided to make its horrendously wrongful ruling while hopeful adoptive dad Gary was actually in the middle of his gastric bypass surgery! This father was under the surgical knife, placing his very life on the line to meet the crass and decidedly discriminatory restrictions of this court, and this is when they choose to rule on his request?

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Talk about kicking someone when they are down.

What would be the purpose of this court’s grievously malicious timing? Are they trying to tell the Stocklaufer’s, and those of us who were outraged for them, something? To even a casual observer this would appear to be a judicial bullying of the highest order. A loud and clear message that this court truly believes that it has the power to do whatever it wishes, regardless of ethics. They could not have ruled about this the day before Gary’s surgery, the day after? Were they thumbing their nose at this man’s dramatic attempt to do whatever it might take to see his son returned? Apparently so.

Personally I just do not understand this. It makes me so angry that I can barely see straight! What MORE would a court consider to be in the best interests of a child, than parents who would do whatever possible, even risk one’s life to undergo surgery (always with risk of death involved), so they might see their child returned to them? Will the family who has Max in it’s custody now do the same?

If this foster family has any interest in ethics it is my opinion that they should return Max to his home, and step aside. If he remains with them, what will they tell him years from now? That his family wanted him, did everything possible to keep him, and that they turned a blind eye and kept him anyway? This child has a family who is both his biological link, and his adoptive home since a week old, who have done no wrong, and who are doing everything possible to bring him home. Why should he be denied the chance to stay with the Stocklaufer’s, with out the normal time and considerations given to biological family members?

Of course the Stocklaufer’s have pledged to do whatever possible to see baby Max home with them soon, even if this means going all the way to the Supreme Court. The legal battle they could soon face would severely financially drain even those who are well off, and they are just a modest income, working class family. I am sure that the family would still appreciate any help from anyone who is so inclined with their legal fund set up at the listed address. I am sure well wishes, and letters to help boost this family’s morale could also be sent there.


Gary and Cynthia Stocklaufer Fund
Commerce Bank
17601 E. Highway 24
Independence, MO 64056

Read other related posts here...

Missouri Man Deemed Too Obese To Adopt - *Update

Outraged? Take Action!

The Birthmom in the Gary Stocklaufer Case

A Blue Ribbon For Baby Max

Still have Baby Max’s Birthmom on My Mind

Discrimination in Adoption

For the good of the child ... says who?

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Comments, Pingbacks:

Comment from: Sandra Hanks Benoiton [Member] Email · http://international.adoptionblogs.com/
OMG! I can't believe this! I'll be doing some ranting and raving over it, too, and encouraging others to step up, make noise and send money.

Anyone know a lawyer in Missouri who'd take this case and raise some hell?
PermalinkPermalink 08/31/07 @ 22:55
Comment from: mariah [Member] Email
I just don't get it. The judge is nuts. And the family who hopes to adopt Max? How can they even consider given the wide publicity and the clear likelihood that this will be an involved court case? And why on earth remove the child from the home? He wasn't neglected or abused. A parent's possible future health problems are not a reason to remove a child!!! Where's the reunification plan? Is it because they aren't the 'legal' parents that this can be done? There are violations of human decency on so many levels. Did the same judge rule on the appeal as the one who made the original decision? I just had a terrible thought. What if the judge is trolling for babies for couples he knows? When a likely case comes before him, he finds a reason to deny the adoption, so his friends can have a baby? Are there any ties between him and the couple caring for the baby? Or between the couple and the child welfare department? Something is very wrong. Little Max shouldn't have to suffer while his fate hangs in the balance. He should be with those who raised him and loved him for his whole life, with the family his birthmother chose for him! This just makes me see red!
PermalinkPermalink 09/01/07 @ 01:55
Comment from: soblessed [Member] Email
Is this judge going to next remove the older child from the home? Will he dissolve the Stocklaufer's marriage? How 'bout their dog. I mean, being fat he might just sit on the dog and snuff it's life out. In fact, why don't we put Mr. Stocklauer in solitary confinement for the horrendous crime of being heavier than expected. My God, what an incredibly pompous, arrogant, blatant abuse of power by a person (and I use the term loosely) who is supposed to UPHOLD the rights of family and children in the most "advanced" society on earth.

Give me a big, fat (yes, pun intended) break from this incompetent, inept, malicious, evil and dangerous idiot of a judge. If this is an example of what is ruling from the judicial bench of our country, we will reap what we sow.....

"I just had a terrible thought. What if the judge is trolling for babies for couples he knows? "

Honestly, Deb, my first thought was that he was getting a kickback, and a ridiculously large one, to make this obviously wrong decision.

SHAME ON THIS JUDGE!! We should storm the courthouse in Missouri
PermalinkPermalink 09/01/07 @ 08:43
Comment from: Sandra Hanks Benoiton [Member] Email · http://international.adoptionblogs.com/
"We should storm the courthouse in Missouri"

Somebody fly me over and I'm THERE.
PermalinkPermalink 09/01/07 @ 09:53
Comment from: AdoptionBlogs Editor [Member] Email · http://editor.adoptionblogs.com
Gee...should parents even bother making adoption plans any more? What's the sense when some dipwad judge can overturn all your plans to do what is best for your child?

I'd sure like to see some public outrage by Max's birt/first mother.

BTW I used to be obese and had a gastric bypass. Does that make me unfit to mother my children?
PermalinkPermalink 09/01/07 @ 10:27
Comment from: MamaS [Member] Email
As a heavy person I am outraged -- and very relieved that my adoption is already finalized! But is it fair to dump on the foster parents? They can't give him back to the birthmother (she signed off) or to the Stocklaufers (judge has removed) so they can only give him back to Social Services which will put him in ANOTHER home. Poor Max certainly doesn't need another move! Also, the court battle would be between DSS and Stocklaufers, not the foster family. I truly believe the judge needs to be removed from the bench and Max returned to his first family, but it is wrong to call the foster parents unethical for providing a home to a child during a crisis.
PermalinkPermalink 09/01/07 @ 11:06
Comment from: Deb Donatti [Member] Email · http://open.adoptionblogs.com
but it is wrong to call the foster parents unethical for providing a home to a child during a crisis.

MamaS,
I have no ill will toward foster parents in general.
I would agree with you here if we actually saw this foster family saying that they are also outraged, and that they will give the best care to Max in hope for his return to the Stocklaufer family.
You don't hear any of that, it is because they do not want to mess things up for themselves. They want to keep this baby. If you read back through some of the news articles you will see that the foster mom actually thanked Cynthia for the baby as they had to hand him over. She told Cynthia they had waited for a baby for so long. I believe Cynthia relpied that she understood, "But NOT MY baby."
Sorry but IMO, and with the information available to them about the Stocklaufers in the media, pursuing this contested adoption is not an ethical choice. The foster family IS proceeding with an adoption petition, and NOT just providing foster care here, big difference.
PermalinkPermalink 09/01/07 @ 16:20
Comment from: mariah [Member] Email
Exactly, Deb. And do the Stocklaufers have any visitation during this whole thing? Any other family with a child placed in foster care would. Especially a family whose child has not been abused or neglected. In fact, how could he be legally taken away? The judge should have left the baby with his chosen parents and set up weight requirements, if Mr. Stocklaufers weight were the true concern. (even that would have been an abuse of his power). Any foster family that would accept Max with the intent to adopt is a co-conspirator in a legal kidnapping, in my opinion. NONE of the foster parents I've known would EVER consider Max to be theirs, now or in the future, given that the Stocklaufers have not been found guilty of ANY crime!!
PermalinkPermalink 09/01/07 @ 19:42
Comment from: Deb Donatti [Member] Email · http://open.adoptionblogs.com
mariah, No they did not get any visits. The court told them if they spoke to the media at all they would ban them from visits. Yet another cruel arm twisting if you ask me.
As the dad said, what else could they do? Stand by and just get visits while they waited for the other family to legally adopt their son?
I would have done the same thing.
PermalinkPermalink 09/01/07 @ 21:43
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