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Adoptive Parents Ordered to Surrender 3-Year-Old to Biological Father
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In what may turn out to be a nightmare-come-true for adoptive parents, an Indiana couple risks losing their son today to the child's biological father in Ohio, after fighting to adopt the boy for nearly three years.
The couple, Jason and Christy Vaughn, arranged to adopt the boy, Grayson, from his biological mother after his birth in 2007. However, after a series of legal battles that ascended to the Ohio Supreme Court, the Vaughns have been ordered to immediately turn the boy over to his biological father, Benjamin Wyrembek, according to the Toledo Blade.
The Vaughns were present at Grayson's birth in October 2007, and have had custody of the boy since they took him to their home in Indiana just eight days later, according to ABC News. However, within 30 days of his birth, Wyrembek, registered with the Putative Father Registry in Ohio, affirming that he might be the boy's father. Wyrembek then filed a suit to establish parental rights in December 2007, just weeks before the Vaughns filed for adoption, according to court documents.
Wyrembek had been seeing the biological mother -- who was married to another man at the time -- when she became pregnant. Ultimately, she broke off the relationship with Wyrembek and divorced her husband, then surrendered the child at birth to a Columbus, Ohio, adoption agency, according to the Fort Wayne News-Sentinel.
Grayson's biological mother tells ABC News she lost contact with Wyrembek early in her pregnancy, and wasn't required by law to provide his contact information to the adoption agency. Court documents confirm that the biological mother and her husband -- the legal father -- filed the necessary papers to surrender custody of the child within weeks of his birth.
Seventeen months later, after genetic testing confirmed Wyrembek as Grayson's biological father, and before the adoption could be finalized, an Ohio court ruled that the Vaughns had filed their adoption petition prematurely -- since paternity had not yet been determined -- and awarded custody to Wyrembek.
The custody decision has since been upheld by the Ohio Court of Appeals and, most recently, by the Supreme Court of Ohio, according to court documents, which refer to the "right of a natural parent to the care and custody of his children (as) one of the most precious and fundamental in law."
However, the Vaughns say that although they were aware of Wyrembek's intentions early on, he refused to meet or talk with them after Grayson's birth. So, as time passed, they became convinced that the law was on their side, the Blade reports.
"He's never contacted us directly. He's never asked how the child is doing. He's never sent a birthday card," Jason Vaughn tells the Blade. "What they'll say is they've litigated this from the beginning, that he filed a paternity action in the very beginning; that he's done everything he can do."
Glenn Sacks, national executive director of Fathers and Families, a national family court reform organization, tells ParentDish he sees this type of case all too often.
"These cases are very difficult because what usually happens is that the adoptive parents will hold onto the child as long as they can," Sacks says. "And then by the time it winds its way to a decision, they say, 'How can we rip the kid from the only family they've ever known and give him to his biological father?' "
But the attorney for the Vaughns, Michael Voorhees, asserts that the Ohio courts have not followed state adoption law.
"The law says you don't need (the birth father's) consent for adoption if he willfully abandoned the birth mother during the pregnancy," Voorhees tells the Blade.
In response to the decision, Wyrembek's attorney, Alan J. Lehenbauer tells ABC News: "My client, the biological father, was awarded legal custody by an Ohio court after consideration of all evidence." Lehenbauer adds that his client "has sought the return of his child since shortly after birth and will not relitigate this matter in the media."
Jason Vaughn says litigation is not the same as support.
"We want him to have contacted Grayson and to have supported him," he tells ABC News. "And our position is he has not done that."
Sacks says he thinks there's an enormous amount of prejudice against biological fathers who want to raise their kids.
"People say, 'Gee, could he really raise a kid on his own like that?' " Sacks tells ParentDish. "But when motivated fathers have a chance to raise their kids, they're usually very effective, and the research bears that out."
The Vaughns tell ABC News there are currently two different adoption petitions pending in Ohio, and they haven't had their day in court yet; they are now appealing the 24-hour order to turn Grayson over to Wyrembek.
"I just want to ask, if there's a congressman, a judge, a senator, the Ohio governor, the Indiana governor, please get involved. Please, I am begging you; this is our family," Christy Vaughn tells CBS News.
Reacting to the 24-hour turnover order, the Vaughns are asking that a transition be mandated, and have hired a child psychologist to draft a recommended transition plan for a slower, measured transition. That plan has been filed with the court in Ohio and is awaiting decision.
"If we're going to lose Grayson -- we don't think we should -- but if we're going to, then it's got to be done right, and the current order that stands isn't right, and anyone should know that," Jason Vaughn tells ABC News.
Christy Vaughn says she can't imagine telling her two other children that they'll be losing their brother.
"There's absolutely no difference. He's our child, and he has been since the moment I held him. I don't know anything else but that," she tells ABC News.
Neither of the attorneys in the case could be reached for comment.











ReaderComments (Page 3 of 38)
9-28-2010 @ 9:26PM
Coop said...One cannot judge one's morals; we don't know the whole story! Single fathers have been denied parental rights far to long. Do we know if she told him that she was married? Did she tell him that she was in the middle of getting a divorce…
With what I read in this story that barley divulges the facts let alone the truths, is that this man stood up and said, I might be the father?? Umm, who in their right mind would be sick enough to withhold this information from a biological father? The only intention on the mother’s part was to hurt this man.
It appears to me that this man was “Man” enough to stand up and say wait a minute here, this may be my son. He did not run or hide from his God given and legal right to be a parent, instead he took the methodical approach of “choosing” not to disrupt or interfere with what had tragically transpired in a veil of secrecy on the mother’s part.
This Man took a path of being a Man and sought the legal course and has held this family in such regard as not to interfere or allow himself to give any reason of any kind to the courts to deny him custody of his son. Now for this upstanding family, did they invite him to their home to visit his son? Did they invite him to his son’s birthday parties, did they attempt to set up visitations so that he could feed and hold his son? If they had you can bet we on the public side of this story would have heard about it so that they “the family” could be painted in a more considerate-passionate light.
My God, the pain and torment this man must have gone through.
All we know is what this family wants us to know --and that is “ please view us as victims!” in this matter. Lastly far be it for me to have never made a mistake in my life? As for victims, this father who from the very day he suspected that this was his son never ran, never hid and has spent countless hours in legal counsel and has spent countless dollars defending his right to have custody of his rightful and biological son so that he could spend his life with his son doing what fathers and sons do TOGEHER.
9-29-2010 @ 2:42PM
Lora said...The bio dad abandoned the birth mother as soon as he knew she was pregnant. That in and of itself negates his right as a parent. DNA is not the only thing or the most important thing that makes you a parent. One has to wonder what this guys real motives are here. Is he even fit to raise a child and how will he provide for this child? These are serious questions that don't seem to be answered at this point. If this case in not unusual than something needs to be done and soon. Children are being harmed!
10-06-2010 @ 2:55PM
p said...as a person that was adopted, i don't believe that parents that have natural children will ever treat them all the same. second, the vaughns have 2 children already. give this poor man his child already. HE has waited 3 years. third, if the vaughns had not fought him all this time, he would have had his child already.
10-07-2010 @ 11:03PM
cathy said...Wow, what world do you live in??? Not the real one. People seek comfort from others for many reasons. This doesn't make them bad parents. As a divorced parent, the best thing I EVER did was to break my "marrage vows" and find another wonderful caring person who love both me AND my children. Don't underestimate kids, they know if they're parents are miserable together. My kids are adults now and agree we were all happier when their father and I divorced.
10-21-2010 @ 2:55PM
Quezz said...We don't know if the father even knew the child's mother was married, let alone any other details of the case. They may have broken up because he found out she was married -- women lie too. The fact that he wants to take his child suggests to me that he is not a monster nor is he heartless -- it is likely he is as much a victim as the child and the adoptive parents are. He deserves a chance to raise his child, and I hope that he can work out an arrangement with Grayson's adoptive parents where they all can love him and see him grow into adulthood with all the support he needs.
11-04-2010 @ 2:41PM
Jennifer said...The Vaughn’s were on notice that there was a man who may be the child’s biological father. They were given notice of this information within weeks of the child’s birth. The child’s biological mother knew the child did not belong to her husband and decided to do the wrong thing and have her husband sign the surrender forms instead of the child’s biological father.
The absolutely filed the adoption papers prematurely since custody had not yet been determined. The law was NEVER on their side and the child’s biological father had no reason or duty to speak with them – they were after all trying to take his son away from him.
What the Vaughn’s should have done is let this man have his child from the very beginning instead of trying to litigate rights that do not belong to them. They should have not caused this father to spend god knows how much in legal fees to have custody of a child that is rightfully his. The Vaughn’s are continuing to drag out a very painful process for both the child and his father – if they really wanted what is best for this child, they would have let him go with his father right from the beginning. They are the ones now responsible for causing additional psychological harm to this child by not doing the right thing in the first place and by compounding the problem by not obeying the court order after it was issued
11-04-2010 @ 2:54PM
addyr said...First Rhonda just because people make mistakes does not mean that they will make lousy parents. We are not perfect and everyone of us makes mistakes including YOU. It is not up to us to judge a person for their mistake(s) in life who are we. SERIOUSLY!!! you need to check yourself. So yes I think the child should be with his biological dad since the biological mother gave him up. I believe what's best for this child is to grow up with his bio dad than later on in life thinking none of his parents wanted him.
11-04-2010 @ 6:25PM
Kathy said...disagree. You are making an overall judgement and you don't know any of these people.
9-28-2010 @ 3:24PM
Marie said...The mother is to blame in this tragedy. This is heartbreaking for the adoptive parents, but the father does have rigths. The mother should have let him know to begin with that he was possibly the baby's father and all the heartache could have been avoided.
Reply
9-28-2010 @ 4:08PM
dalay99 said...The hell with the rights of this sperm donor.....this is about what is right for the CHILD and if you don't get that, somethings wrong with you.
9-28-2010 @ 4:03PM
Linda said...It doesn't really matter whose fault this is. The fact is, a three-year-old boy is going to be torn from the arms of the only family he has ever known. This is a terrible tragedy for this child. What kind of a father would be so selfish as to inflict this kind of pain on a child he is supposed to love. And where has he been for three years? He can say he has rights and legally he does, but he hasn't even supported the boy or tried to have an ongoing relationship with him - unless we don't have the whole story. I think some men have an ownership issue when it comes to fathering a child. But this little boy will not understand now, nor ever, the abandonment he will feel when his adoptive family is no longer a part of his life. I weep for this child. I am a foster parent and I have seen the pain separation causes children who are taken from their parents. This boy knows these people as his parents and his experience will be very traumatic. Trauma damages children and it infuriates me that his father doesn't love him enough to let him stay where he feels loved and secure.
9-28-2010 @ 4:35PM
Sarah said...The father did know and chose to abandon her during her pregnancy.
9-28-2010 @ 4:42PM
Ash said...Agreed.....I am adopted and every adoptee knows the feeling of that nagging question...why was I given up (no matter how wonderful the adoptive parents)? If you are siding with the Adoptive family, you are not adopted and should not be commenting on the matter. The father has an equal say to give up his child. If the Mother did not inform him, she should be ashamed of herself and must be mentally disturbed. This should be the law. This father is NOT just a sperm donor or he would not be fighting for custody for over 3 years. Shame on this state for not closing this loophole and violating the Father's parental rights.
9-28-2010 @ 4:44PM
Myra said...These adoptive parents knew that the biological father wanted his son. He filed for paternity tests shortly after the birth and just because our DNA testing system and court systems take so long, doesn't mean the real father should be punished. The adoptive parents should have been prepared to give up their rights as soon as those tests came in. I'd really love to see you give up your own child because testing took too long.
9-28-2010 @ 4:50PM
Sharon said...Nowhere does it state that bio dad knew about the pregnancy. Also, it states the bio mom broke off the relationship.
9-28-2010 @ 7:38PM
Kent said...Do any of you anti-father readers ever look at the fine print?
"...within 30 days of his birth, Wyrembek, registered with the Putative Father Registry in Ohio, affirming that he might be the boy's father. Wyrembek then filed a suit to establish parental rights in December 2007, just weeks before the Vaughns filed for adoption, according to court documents...Grayson's biological mother tells ABC News she lost contact with Wyrembek early in her pregnancy, and wasn't required by law to provide his contact information to the adoption agency...Seventeen months later, after genetic testing confirmed Wyrembek as Grayson's biological father, and before the adoption could be finalized, an Ohio court ruled that the Vaughns had filed their adoption petition prematurely -- since paternity had not yet been determined -- and awarded custody to Wyrembek."
How many of YOU would give up your biological child if another couple had gotten them unfairly? NONE I suspect. Whether you like it or not, the ADOPTIVE PARENTS are the ones who created this: they HELD on to the child despite early signs that there was an error. Then they STILL fought it once the adoptive father was discovered. What are you going to tell that child when he gets older: we didn't want you to be part of your "real" dad's family!
BS.
9-28-2010 @ 5:47PM
unknown said...I can fully understand where the adoptive parents are coming from on this. If the birth father wanted a part in his childs life why did he only have ONE vist with his son for three hours? Why did the birth father not go for visitation rights when he found out that he was the bio father at 17 months? I agree the birth parents have rights but when you only see your child for 3 hours one time, this is where he knew about his child, why not ask for more time with his child? Some states do say that if a bio parent knows about a child, which he did after the results of the paternity test, that you must make reasonable effort to see your child. So is seeing him once for three hours in the last 3 years reasonable effort to father his child? Did he even ask for visitation? Now after three years of this child being in the only home he has known they are going to rip him away from this family. What about the child's rights? What about the affects ripping this child away from the only family he has a bond? Who is going to be held responsible when this child has separation problems? Who is going to be heloo responsible when this child has trust issues? Who is going to be held responsible when this child, in the future, has attachment issues. Does anyone not think about what they are doing to a child? Again where are the childs rights? The right not to be distressed, not to have attachment issues? What happened to what is in the best interest of the child? This is another story that if removed from the only home he knows will harm a child.
9-28-2010 @ 3:24PM
diana kitch said...The biological father has not been up front or timely. Thus far he is just a sperm donor while the Vaughns have been the parents. I think children in this situation should be placed in a situation that is optimal FOR THEM.
Reply
9-28-2010 @ 4:03PM
TIna Pierzynski said...He filed EXACTLY when the law allowed him to! What is wrong with that. He filed within 30 days of the birth. The adoptive family should have not dragged this out. His FATHER wanted him!
9-28-2010 @ 4:33PM
VimalaNowlis said...This father has been fighting for her son in court since he had knowledge that he is the father of the child. The adoptive family had knowledge that the father never gave up his parental right for the child to be adopted since the birth of the child. How would they like it if someone else comes along to adopt their biological child without their permission? If they truly love the child, they would not have fought the father in court for 3 years and would have given the child back to the father where he belongs. How do they know they are better parents for the child and not the father? How do they know someone else who could not be better parents for their children? The adoptive parents are more interested in possession and control than in the child. They are the ones who put the child in the terrible position, not the father.