A same sex couple has been awarded compensation of $3.25m (£2.53m) after their adopted baby boy was murdered by his 17-year-old birth father, weeks after he regained custody of the child.
Rachel and Heidi
McFarland badly wanted a child so when they found out that Rachel’s
teenage co-worker, 16-year-old Markeya Atkins, was pregnant, they
arranged to adopt the baby. They were present at the child’s birth in
Des Moines, Iowa, in December 2013 and the boy became theirs.
McFarland badly wanted a child so when they found out that Rachel’s
teenage co-worker, 16-year-old Markeya Atkins, was pregnant, they
arranged to adopt the baby. They were present at the child’s birth in
Des Moines, Iowa, in December 2013 and the boy became theirs.
However, in
March 2014, Ms Atkins changed her mind and reclaimed custody of the
child, which she was able to do because she had not signed the adoption
release forms.
March 2014, Ms Atkins changed her mind and reclaimed custody of the
child, which she was able to do because she had not signed the adoption
release forms.
5 weeks after
she reclaimed the child, the baby’s birth father, Drew James
Weehler-Smith, murdered him by shaking him till he died.
she reclaimed the child, the baby’s birth father, Drew James
Weehler-Smith, murdered him by shaking him till he died.
He was
later convicted of second-degree murder and jailed for 50 years. This
sad incident happened while his birth mum, Ms Atkins was at a concert.
later convicted of second-degree murder and jailed for 50 years. This
sad incident happened while his birth mum, Ms Atkins was at a concert.
Afterwards,
Rachel and Heidi McFarland sued their lawyer, Jason Rieper for
malpractice because he wrongly led them to believe three-month-old
Gabriel’s biological parents had signed release-of-custody papers, when
they didn’t sign it at all. Rieper told them there was nothing they
could do about Ms Atkins wanting her child and they had to give him
back, so they did.
Rachel and Heidi McFarland sued their lawyer, Jason Rieper for
malpractice because he wrongly led them to believe three-month-old
Gabriel’s biological parents had signed release-of-custody papers, when
they didn’t sign it at all. Rieper told them there was nothing they
could do about Ms Atkins wanting her child and they had to give him
back, so they did.
Rachel
and Heidi won the case and have been awarded compensation of $3.25m
(£2.53m). A judge at the Iowa District Court for Polk County awarded the
settlement after ruling the lawyer acted negligently.
and Heidi won the case and have been awarded compensation of $3.25m
(£2.53m). A judge at the Iowa District Court for Polk County awarded the
settlement after ruling the lawyer acted negligently.
“The
release-of-custody never got signed by either birth parent. Obviously
our child and us weren’t a priority to (Mr Rieper),” Rachel told People magazine. She added she did not expect to receive much of the compensation.
release-of-custody never got signed by either birth parent. Obviously
our child and us weren’t a priority to (Mr Rieper),” Rachel told People magazine. She added she did not expect to receive much of the compensation.
“We are just happy he was found negligent,” she said. “That was what our goal was. We will not see any money from this.”
The
MacFarland’s lawyer expressed joy over the settlement, sating that
justice was served even though it wont bring Bariel back. She took to
her Facebook pae and wrote:
MacFarland’s lawyer expressed joy over the settlement, sating that
justice was served even though it wont bring Bariel back. She took to
her Facebook pae and wrote:
Ms
Atkins claims that the MacFarland’s helped her buy groceries while she
was pregnant. So felt obliged to give the baby up because was young and
broke.
Atkins claims that the MacFarland’s helped her buy groceries while she
was pregnant. So felt obliged to give the baby up because was young and
broke.
Gabriel in Feb. 2014
Meanwhile, Mr
Rieper’s lawyer, David Brown, said he would look to challenge the
jury’s verdict in the civil trial, which focused on the adoption case
and not the child’s murder.
Rieper’s lawyer, David Brown, said he would look to challenge the
jury’s verdict in the civil trial, which focused on the adoption case
and not the child’s murder.
David Brown said: “You can’t control the
emotion of a birth mum, and you can’t control the emotions of a
16-year-old birth mum. At the end, the kid wasn’t going to (sign the
papers) and the suggestion that Jason was to force her to do it, would
be unethical for him.”
emotion of a birth mum, and you can’t control the emotions of a
16-year-old birth mum. At the end, the kid wasn’t going to (sign the
papers) and the suggestion that Jason was to force her to do it, would
be unethical for him.”
Ms Atkins in 2014, reiterated that while she
was pregnant, the MacFarland’s bought her groceries, but that she chose
to take Gabriel back because she felt the McFarlands had grown distant
since getting him and that she was afraid he would no longer be a part
of her life.
was pregnant, the MacFarland’s bought her groceries, but that she chose
to take Gabriel back because she felt the McFarlands had grown distant
since getting him and that she was afraid he would no longer be a part
of her life.
She said then, “It’s like after I gave the baby to them, they didn’t care.”
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