MOSCOW, December 17 (RAPSI, Alexander Karpov) – During the hearing of an application filed by an American family seeking to void the adoption of two Russian kids, Nassau County judge raised a question of legality of a dubious practice known as Re-Homing, according to court records obtained by RAPSI on Wednesday.

Judge Edward W. McCarthy III suspects that should he reject the application, thus voiding the adoption, the parents may simply sign the kids over to other parents with the Power of Attorney. This unregulated process is referred to as 'Re-Homing', and its nature is implicit of a trade in humans.


In the application an American family claims the adoption of two Russian children was fraudulent in nature.

Children designated as Child A and C were born in 2000 and 2002, and were adopted by the American family (name left out) in 2008 with the aid of Spence-Chapin and Cradle of Hope adoption agencies.

During the 2007 visit to Russia to meet the children, the parents-to-be were informed that the biological father was in prison and the biological mother in a rehab. Before the adoption the children were examined medically, and no problems were found.

However shortly after moving to the US, the adoptive parents claimed that the children were suffering from serious mental health diseases. The parents claimed that the adoptive children threatened them with violence, which can be attributed to their background in Russia. The adoptive parents further claimed that the Cradle of Hope used a “bait and switch” tactic, by misrepresenting the information on children, ultimately leading the pair to adopt a different child that was presented to them in the place of child C originally.

The application goes on to explain that the adoptive parents supported the children  from 2008 until 2012 emotionally, medically and physically, seeking the help of leading child psychologists. Eventually, A and C have been placed in a New York State mental institution in mid-2012, as it was determined by medical professionals that children absolutely had to be placed under constant medical supervision.

The adoptive parents filed an application with the Nassau County Surrogate Court to void the adoption based on the allegations of fraud, “bait and switch” misinformation, and inability to build family relations with the children which present a danger to their adoptive parents and themselves.

Re-Homing concerns

In the intermediary decision passed on December 15, Judge McCarthy raised concern that the adoptive family may place the children into the custody of new care givers who are not related to the children. The Judge McCarthy’s decision says, as quoted, that  ”It is a procedure outside of official government and judicial review in the unofficial and involuntary transfer of children”. 

During Re-Homing, the children are placed for continuous adoption without government notice or any certified adoption agencies. The to be Re-Homed child is simply advertised on the Internet. Furthermore, Re-Homing does not require any studies on prior home or the accepting party. No court approval or supervision of the process is required neither. It is, more often than not, accomplished with the adoptive parent giving away the child knowing little about the persons with whom the child will be placed.

McCarthy calls to prohibit “the unsavory and unsupervised practice” of adoptive families to simply rid themselves of responsibility by placing the children with people whose qualifications and motives are “at best, entirely unknown”.

The decision states that in 2013, up to 300 foreign and American children were 'traded' in such, “internet fashion”, as described by the judge. The most often reason for rejection given, as in the case of Russian adoptees A and C, is “failure to bond.”