But Kelanie Gillett’s options may be limited. We sought a legal opinion today from attorney at law Michael Peyrefitte. He explained to us that the law is clear – if Chelsey was adopted by Lupita Bejerano, Kelanie Gillett no longer has any parental rights.
Michael Peyrefitte, Attorney at Law
“The biological mother has no rights and let me read to you section 140 of the Families and Children’s Act, and the caption in the side note of the section reads ‘Effect of Adoption Order.’ ‘Upon an adoption order being made, all rights, duties, obligations, and liabilities of the parents or guardians of the adopted child in relation to future custody, maintenance, and education of the child including all rights to appoint a guardian, and consent or give notice of dissent to marriage is extinguished.’ Essentially then it is wiping out all rights of the original mother or the biological parent and all rights now vest in the parent who adopted that child.”
Keith Swift,
“Let’s Kelanie was young when she gave up her child, can she now come back and say she is fit and I can now take care of my daughter?”
Michael Peyrefitte,
“Not according to the law because the effect of the person who adopted the child is as is though the mother, the original mother, was never in the picture. She is wiped out completely according to the law because the new adopted parents, it is treated as if that child was born to those parents.
There must have been some agreement by the biological mother and or father to give up this child for adoption or the court would have never allowed that adoption. The court would have said, we need to hear from the biological parents and the court has to verify that the biological parent is giving up this child and has been advised of the effect of giving up that child before the court makes an adoption order.”
Keith Swift,
“If you could give legal advice to her what would it be?”
Michael Peyrefitte,
“I would tell her it is very unfortunate that she gave up the child. If she wants back her biological child, it is very unfortunate that she gave up the child for adoption because it will be very difficult for her to get back that child because the law is very clear.”
Keith Swift,
“But the law doesn’t make any room for compassion?”
Michael Peyrefitte,
“No. You’ve sat in many criminal cases for example and one of the last things the judge tells a jury is have no sympathy for the accused persons or no sympathy for the deceased person. You are to be cold in your judgement and the law in this case is especially cold. It is very clear about what happens when a person adopts a child. That child is treated as if though that were the natural biological child of that adopter.”
New information to us is that Chelsey was never adopted by Lupita Bejerano and that Lupita is merely the foster mother which means that she is still a ward of the state.
