{"id":77523,"date":"2021-01-04T22:07:49","date_gmt":"2021-01-05T03:07:49","guid":{"rendered":"https:\/\/awesomejelly.com\/?p=77523"},"modified":"2021-01-04T22:07:49","modified_gmt":"2021-01-05T03:07:49","slug":"couple-fights-for-the-life-of-their-adopted-baby-only-to-lose-it-to-the-birth-father-t2","status":"publish","type":"post","link":"https:\/\/awesomejelly.com\/couple-fights-for-the-life-of-their-adopted-baby-only-to-lose-it-to-the-birth-father-t2\/","title":{"rendered":"Couple Fights For The Life Of Their Adopted Baby Only To Lose It To The Birth Father"},"content":{"rendered":"
\"\"

Local TV Who TV<\/p><\/div>\n

Markeya Atkins was just 16 years old when she found out that she was expecting. How could she become a mother at such attender age? The father, Drew Weehler-Smith, wasn\u2019t as ready either. He was only a year older than she was. So, Atkins did what she thought was best for her baby \u2013 she gave him up for adoption. She was searching for the perfect parents. She found them in Rachel and Heidi McFarland. The couple wanted to increase their brood and start a family since same sex marriage had finally been legalized. They looked forward to having children of their own someday. Hence, when this wonderful opportunity fell on their laps, they were more than overjoyed.<\/h6>\n
However, their happiness quickly turned sour not too long after they had their baby boy.<\/strong><\/h6>\n

<\/p>\n

Finding Out<\/h2>\n
\"\"

MS Magazine<\/p><\/div>\n

Atkins found out that she was pregnant after five months, which was considered late for many. She just wasn\u2019t ready for that kind of responsibility. It was too much for someone who still had to live out her life. She says, \u201cI just thought \u2013 the rest of my life \u2013 am I really ready to give away the rest of my life for someone. And I just felt like it was the best way to go about it.\u201d And when the McFarlands met her and made the arrangements to adopt the little boy she carried, they asked for the help of Des Moines attorney, Jason Rieper.<\/h6>\n

<\/p>\n

Getting Ready<\/h2>\n
\"\"

Local TV Who TV<\/p><\/div>\n

Rachel and Heidi were there for Atkins all throughout the pregnancy. They provided her with everything she needed at that time \u2013 financial and moral support. If she needed someone to talk to, they were there. If she required payment for vitamins and doctor\u2019s appointments, they were more than ready to dole the money out. The baby was a great surprise for the couple because they knew that they had wanted a family. This baby was going to be the first official addition. They considered artificial insemination at first, but they felt that adoption was the best option at the moment.<\/h6>\n

<\/p>\n

The Decision to Adopt<\/h2>\n
\"\"

She Knows<\/p><\/div>\n

When asked why they opted to adopt, the McFarlands replied, \u201cAdoption wasn\u2019t ever our number one choice, but because it was private, it seemed tailor-made for us and we thought this could be our chance to become parents. We didn\u2019t know if we could do artificial insemination, and it seemed like a route we could afford. The birth mom didn\u2019t care if we were a same-sex couple. It just seemed too good to be true \u2013 and it was too good to be true.\u201d Obviously, they didn\u2019t know back then about the problems they would have to face.<\/h6>\n

<\/p>\n

Excited for What\u2019s Ahead<\/h2>\n
\"\"

The Conversation<\/p><\/div>\n

At that time when Atkins was pregnant, Heidi and Rachel simply assumed that this would be the start of something far greater than they could ever expect. They waited with the birth and finally the day came. They counted the days, the hours, the minutes. They were all so ecstatic as Baby Gabriel came out on December 28, 2013 at 9:34 in the morning. The name that came from the bible, and the best part of it all was that they had the honor of cutting their little one\u2019s umbilical cord.<\/h6>\n

<\/p>\n

Coming to an Agreement<\/h2>\n
\"\"

National Scholarship Service<\/p><\/div>\n

Heidi and Rachel were prepared. They brought him home from the hospital and told Atkins that she could still visit Gabriel at home. They also made preparations when it came to raising him. They already knew sign language, as they studied it when they found out that he could actually be deaf in one ear. The room was there and the nursery was complete with whatever he needed. They had everything and they were going to give him the love and support he needed to grow up. Their new baby was going to have a loving, supportive home.<\/h6>\n

<\/p>\n

Feeling Like A Mom<\/h2>\n
\"\"

People<\/p><\/div>\n

The McFarlands already felt like they were Gabriel\u2019s mothers even if they didn\u2019t carry physically him. They were there for every doctor\u2019s appointment. They kept close watch of his development. It only felt natural when they brought him home. Finally, they were a complete unit. This was the day when their dreams had finally been fully realized. Atkins kept assuring them that she wasn\u2019t going to change her mind about the adoption, and they believed her. Little did they realize then they she was going to change her mind.<\/h6>\n

<\/p>\n

A Mistake<\/h2>\n
\"\"

New York Daily News<\/p><\/div>\n

Two months later, on February 2014, Atkins decided to visit the family. She wanted to check on her little boy and it seemed to her that he had settled in quite nicely. She merely wanted to check. According to her, that was all there was to it. However, she started feeling a pang of regret when she saw Rachel kiss Gabriel and said, \u201cMommy\u2019s here.\u201d It was that one sentence that changed everything. It was the trigger to change.<\/h6>\n

<\/p>\n

In Disbelief<\/h2>\n
\"\"

Imperfect Parent<\/p><\/div>\n

Soon after that, Atkins wanted her baby back. Everything changed with the one statement she heard. She thought that the adoption was a mistake from her end and that she needed to have her son back. Rachel and Heidi sensed that something happened that day, which was why they asked the birth mother not to visit the baby without either of them present. Despite the condition set by the couple, Atkins fought them all throughout.<\/h6>\n

<\/p>\n

As Stated in the Law<\/h2>\n
\"\"

Geourdu<\/p><\/div>\n

As much as Heidi and Rachel tried to fight for the right to become Gabriel\u2019s official parents, Atkins had already weighed the pros and cons of their case. She stood firm in her decision and decided to raise the boy herself, even at such a young age. Unfortunately, the couple lost the baby because in Iowa, the law states that the mother had three months and one additional 31-day period for the birth mom to change her mind.<\/h6>\n

<\/p>\n

Dazed and Confused<\/h2>\n
\"\"

Telegraph UK<\/p><\/div>\n

Heidi and Rachel couldn\u2019t do much. Atkins\u2019 decision to retract shocked them to their very core. They thought about means and ways to keep the baby, but the law was in the birth mom\u2019s favor. Nonetheless, they were forced to follow what the law had stated, and ten days later, the baby was back in his birth mother\u2019s arm. The McFarlands were devastated. More importantly, why couldn\u2019t they keep their son when they were clearly more capable?<\/h6>\n

<\/p>\n

Breaking the News<\/h2>\n
\"\"

Hibu<\/p><\/div>\n

It was the McFarlands\u2019 lawyer, Rieper, who broke the sad news to the family. He said that there was nothing they could do and that Atkins had the right to keep her child. This was unfair! The 78 days they spent with Gabriel were the best they had, and unfortunately, it had to end. The birth mom wanted him back, and that was the end of their story. All they had left was the clump of hair they cut off when they decided to give him a Mohawk.<\/h6>\n

<\/p>\n

Looking Back<\/h2>\n
\"\"

People<\/p><\/div>\n

Rachel looked back on the days when Gabriel was theirs. Those times were heavenly. \u201cIt just felt natural. When he was with us it felt just right. Like we were always meant to be moms,\u201d she shared. And in the weeks that followed, they became worried sick. They wondered what environment their son was in. Did he grow up in a dirty apartment? Was the mom giving him the care he needed? They could only do the guesswork.<\/h6>\n

<\/p>\n

The Worst Happens<\/h2>\n
\"\"

Hips.HTV<\/p><\/div>\n

The McFarlands lost the baby in March and by April 22, 2014, something bad had happened to Gabriel. The four-month-old infant was found by his mother, unresponsive. She had left the baby with the father while she went out to purchase concert tickets. When she went home, she found Gabriel in the crib, not breathing. She called the ambulance. Unfortunately, it was too late and the baby boy passed away.<\/h6>\n

<\/p>\n

What Autopsy Revealed<\/h2>\n
\"\"

Hips.HTV<\/p><\/div>\n

An autopsy was immediately performed. The experts soon discovered that the baby had died due to an abusive trauma. Authorities immediately went to the 17-year-old dad, Drew Weehler-Smith, who cared for him and discovered that he was the guilty party. Meanwhile, Rachel and Heidi continued to keep Gabriel in their prayers then. They could only hope that he was in safe hands. They were unaware of the truth.<\/h6>\n

<\/p>\n

Learning The Truth<\/h2>\n
\"\"

New York Daily News<\/p><\/div>\n

Rachel and Heidi hadn\u2019t known about Gabriel\u2019s death until they watched the news. They were overwhelmed and in despair. Their son had died and it felt as if he was ripped away from them once again. The father, on the other hand, was sentenced to 50 years in prison, and while this was good news, they could never get over the fact that they would never get to experience the joys of seeing Gabriel grow.<\/h6>\n

<\/p>\n

In Pain<\/h2>\n
\"\"

Hips.HTV<\/p><\/div>\n

The couple cried and mourned for the loss of their son. They hadn\u2019t given up on getting him back, but with his death, they knew that all hope had died with him as well. If he had only lived, they would have fought tooth and nail for him. Soon, that sadness turned to anger and they decided to become proactive, in Gabriel\u2019s loving memory. The law had failed them this time and they weren\u2019t going to take things sitting down.<\/h6>\n

<\/p>\n

Hiring a Lawyer<\/h2>\n
\"\"

Chicago<\/p><\/div>\n

They knew something was wrong when they went through the loss the first time. So the first thing the couple did was hire another lawyer, Roxanne Conlin. They were never going to get over the tragic loss of their little baby. So, they filed a negligence lawsuit against their old attorney, Rieper. By August 2014, they had the papers ready and were more than prepared to go to court to do whatever they could.<\/h6>\n

<\/p>\n

Failure to Comply<\/h2>\n
\"\"

Accurate Auto Advice<\/p><\/div>\n

The first thing on the women\u2019s agenda was to make Rieper realize that he had failed to complete the paperwork needed and required to ensure their son\u2019s safety. The adoption process mandated paperwork and they learned that their previous lawyer was unable to get it all signed. They were upset and disappointed because this one little detail could have actually given Gabriel life. It was that one tiny mistake that changed their circumstances.<\/h6>\n

<\/p>\n

Understanding What They Went Through<\/h2>\n
\"\"

Business and Legal<\/p><\/div>\n

Rachel believed that Rieper had a list of shortcomings. He had actually made several mistakes along the way, ones that they should have realized early on. Conlin explained, \u201cIf the lawyer had done what he was supposed to do, the birth mother would have signed a birth document called a release of custody and four days after she signed it, it would have been almost impossible for her or the baby\u2019s father to take Gabriel away from them.<\/h6>\n

<\/p>\n

Expressing Disappointment<\/h2>\n
\"\"

Gannett<\/p><\/div>\n

Rachel and Heidi constantly thought of what could have been if Rieper had done what Conlin said he didn\u2019t. There were so many what-ifs and these questions would forever fester in their heads. Would Garbiel live a full life? Would be have been a happy baby? More importantly, would he have lived up to his potential had he been given the chance? Unfortunately, that was something they could no longer answer. It was too late for Gabriel, but not for the other children that are about to be given up for adoption.<\/h6>\n

<\/p>\n

Bottom Line<\/h2>\n
\"\"

Cote Law Firm<\/p><\/div>\n

At the end of the day, Rieper simply didn\u2019t get to do what he was meant to do, or so they believed. He had two whole months to get the document signed and the release established. That was more than enough time. Unfortunately, it was never made, which was why it was possible for Atkins to change her mind and get her baby back. This one little detail changed the baby\u2019s fate. And because she went out, the father, Weehler-Smith, had killed Gabriel.<\/h6>\n

<\/p>\n

The Court Trial<\/h2>\n
\"\"

Urban Flavours<\/p><\/div>\n

The trial had begun and the arguments from both sides were heard. Conlin said that the jury had been unaware of what exactly happened the day Gabriel died. So, she told them once more that Atkins had been out to get concert tickets while Weehler-Smith was in charge. Instead of being patient with the baby, he opted to act like a child himself. Unfortunately, he just didn\u2019t have the patience required of a mature adult to care for an innocent life.<\/h6>\n

<\/p>\n

Challenging Claims<\/h2>\n
\"\"

Rappler<\/p><\/div>\n

Of course, Rieper didn\u2019t take the situation sitting down. He had to defend his side and take a strong stance on the decisions he made. He argued that the birth mom had been extremely emotional when she gave him up for adoption, which was why he felt that it would have been unethical for him to simply thrust the paper in her face and force her to sign something that obviously pained her. For him, that was the ethical thing to do. He hadn\u2019t considered the baby\u2019s wellbeing back then. For the couple, he simply had to find a way to get out of the fix he was in.<\/h6>\n

<\/p>\n

Further Arguments<\/h2>\n
\"\"

MKB Service Desk<\/p><\/div>\n

For Rachel McFarland\u2019s side, the release of custody was never signed by both parents. To her, it had been a major negligence on Rieper\u2019s end. Losing Gabriel felt like a life sentence for her and her wife. The couple also hoped that this would be a learning experience for Atkins. However, the birth mom also believed that the accident wasn\u2019t her doing. In fact, she resented what the McFarlands said. The father\u2019s actions, she believed, shouldn\u2019t be a reflection of her as a mother.<\/h6>\n

<\/p>\n

Justice Is Finally Served<\/h2>\n
\"\"

Complex<\/p><\/div>\n

With the arguments in place, the jury had finally come to a decision. They thought long and hard about their decision and they finally decided that the McFarlands were to be awarded $3.25 million. This may not have gotten them their son back, but it definitely helped them feel better knowing that the law was on their side and that justice was finally served for little Gabriel. The next time they do decide to adopt, they now know better. More importantly, they know that the law can actually be on their side.<\/h6>\n

<\/p>\n

The Lawyer Speaks<\/h2>\n
\"\"

Immigration Impact<\/p><\/div>\n

Conlin had said, \u201cGod bless the civil justice system for holding people accountable for the damage they do to others and to this jury who came to the right conclusion even without all of the evidence.\u201d It was certainly clear that the courts did what was best for the baby and that this would not happen again. Babies who are waiting to get adopted can now be permanently at home with the families who will care for them and who will give them all the love they need to grow up happy and nurtured.<\/h6>\n

<\/p>\n

Free From Blame<\/h2>\n
\"\"

Gannett<\/p><\/div>\n

As for Atkins, she still maintains and believes that what she did was right. She had to get her baby because she felt that the couple had grown distant, and this might eventually lead to them shunning her out of their lives. All she wanted was to see him grow up. She also mourned the loss of her son and felt like a part of herself was lost. And while she hadn\u2019t meant to leave her son with a man who didn\u2019t care for him, she wanted to provide for him, albeit having very little.<\/h6>\n

<\/p>\n

Rieper\u2019s Side<\/h2>\n
\"\"

Cloudfront<\/p><\/div>\n

As for Rieper\u2019s attorney, he expressed disappointment over the outcome of the trial. He believed that the whole thing focused on Rieper\u2019s inefficiency to deliver the necessary documents when they should have looked into why Gabriel died in the first place. It was because the biological father was an irresponsible adult and he was never meant to raise a child. The missing paperwork was only secondary to the actual cause. The baby died because of an act of an irresponsible father. That was it. As for the McFarlands, they said that they will continue to fight for what they believe is right. It all boiled down to where the baby ended up and to what could have been if proper documentation had been made. What would happen to the other children in the system? Will parents that aren\u2019t ready be able to get them back? If this is the case, then Gabriel may definitely be one of the many victims of justice. Hence, the trial had been a must for them.<\/h6>\n

<\/p>\n

Moving On<\/h2>\n
\"\"

Gannett<\/p><\/div>\n

As for Rachel and Heidi McFarland, they have tried to get past the painful experience. Not long after the whole incident came out in the media, a pregnant woman approached the couple and told them how she was touched by their story. She had planned to give her baby up for adoption, and now, they have a daughter named London. Heidi also gave birth to another daughter named Vienna. Nonetheless, Gabriel will always be considered a part of their family and he continues to occupy a special place in their hearts. And while they do have their children now and are living life as a family, the little boy who could have lived to become a fine young man will always occupy a big spot in their hearts.<\/h6>\n","protected":false},"excerpt":{"rendered":"

Markeya Atkins was just 16 years old when she found out that she was expecting. How could she become a mother at such attender age? The father, Drew Weehler-Smith, wasn\u2019t as ready either. He was only a year older than she was. So, Atkins did what she thought was best for her baby \u2013 she gave him up for adoption. She was searching for the perfect parents. She found them in Rachel and Heidi McFarland. The couple wanted to increase their brood and start a family since same sex marriage had finally been legalized. They looked forward to having children <\/p>\n","protected":false},"author":1,"featured_media":77493,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"wprm-recipe-roundup-name":"","wprm-recipe-roundup-description":"","footnotes":""},"categories":[29,6591],"tags":[3568,34653,34654,34655,34656,1795,34657,48,34658,483,34659,3336,34660],"yst_prominent_words":[16497,20059,9371,9608,9330,16450,14779,20674,31356],"_links":{"self":[{"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/posts\/77523"}],"collection":[{"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/comments?post=77523"}],"version-history":[{"count":0,"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/posts\/77523\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/media\/77493"}],"wp:attachment":[{"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/media?parent=77523"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/categories?post=77523"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/tags?post=77523"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/awesomejelly.com\/wp-json\/wp\/v2\/yst_prominent_words?post=77523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}