 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Collins v. Missouri Bar Plan1/11/2005
, has an "obvious purpose" of opposing the "concept that a parent could pass children on like chattel to a new owner." In re Baby Girl --- , 850 S.W.2d 64, 68 (Mo. banc 1993). Section 453.075 requires a full accounting of any amounts spent in relation to the adoption of a child. The statute provides that only certain types of expenses may be reimbursed by the adoptive parents; and, of course, no other money or other consideration may be paid by or on behalf of the adoptive parents. See section 453.075.2, RSMo 2000. Section 568.175 also creates the crime of " trafficking in children." It prohibits giving, offering, receiving, or soliciting any money or other consideration for the delivery of a child for the purpose of adoption. See section 568.175, RSMo 2000. Missouri is thus very solicitous of the notion that children are not chattels to be bartered or sold.
Parental rights are not for sale. Had the Standens purchased a negotiated peace in the earlier litigation by agreeing to pay the plaintiffs money to settle and abandon their claim to set aside their termination consents, such agreement would be void and unenforceable. See section 453.075.2. Because of the same underlying concerns, there is risk involved in allowing compensation to be adjudicated for a professional's negligent interference with such rights. Perhaps such an assertion sounds harsh and unfeeling toward the biological parents. However, it seems obvious that any attempt to provide monetary compensation in such a case requires extensive and intrusive court intervention into family life and into the life of the nine-year-old child, including his feelings, his likes and dislikes, and the actions of both sets of parents. While the court may have appointed a guardian ad litem for the child's benefit, it is extremely unlikely, in my view, that such a guardian ad litem can provide significant protection for the child in the midst of such powerful factors.
The courts have recognized the "sanctity of the parent-child relationship" in termination of rights cases. In re K.L.S. , 119 S.W.3d 548, 551 (Mo. App. 2003). The State's power to terminate rights is an "awesome power." Id. Assuming, as we do for purposes of our review, that here things happened as Plaintiffs say they did, the loss could be considered huge. At the same time, the case is not about the child being a piece of property to be owned. To make the child a chattel at this point in our search for accountability has too great a potential to distort the child's relationships and damage his welfare.
Page 1 2 3 4 5 6 7 8 9 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|