Baby Jessica Case: 1993 - The Battle Over Jessica Continues
court michigan schmidt supreme
Arguing that the judge had acted improperly by assuming jurisdiction from another state, the Schmidts headed for the Michigan Court of Appeals. Within six weeks, in a 3-to-O decision that ruled only on the question of jurisdiction, that court agreed with the Iowa courts. The DeBoers had 21 days to file an appeal to the Michigan Supreme Court.
Meantime, "Baby Jessica" had become a household name and the case caused millions to more closely consider the risks and problems of adoption. In about half of all adoptions, the natural fathers, even if they are known, cannot be located. But what if they turn up demanding their "parental rights?" Who knows—wondered columnists, Op-Ed writers, and talk-show hosts—how permanent any adoption is?
Michigan's seven Supreme Court judges heard the arguments. Representing Baby Jessica, Attorney Scott Bassett said the Schmidts were strangers to the child. "These children don't care about biology," he contended. "They know who loves them and who they love." Schmidt lawyer Marian Faupel insisted that the DeBoers had manipulated delays and appeals in order to buy time to bond with the child—to whom they had no legal right. She added that it was not too late for Jessica to bond with her biological parents, for children are not fragile. "They are somewhere between forged steel," she said, "and delicate teacups."
In June 1993, Cara Schmidt gave birth to a second child, Chloe. On July 2, 1993, Michigan's highest court ruled 6-1, that Michigan held no jurisdiction in the case over Baby Jessica and that she was to be handed over to the Schmidts within one month.
Jan and Robby DeBoer filed a request for the Michigan Supreme Court to stay its ruling until the U.S. Supreme Court could rule on their request to have the case heard there. The court refused the stay, 6—1. Ad hoc "Justice for Jessi" groups began planning bus trips to Washington, D.C., to demonstrate on the steps of the Supreme Court building.
U.S. Supreme Court Justice John Paul Stevens, who handled emergency cases from Michigan for the Court, considered the DeBoers's request to block the order, giving Jessica to the Schmidts. He refused. Their argument, he said, "rests, in part, on the relationship that they have been able to develop with the child after it became clear that they were not entitled to adopt her."
On July 30, 1993, the U.S. Supreme Court refused to lift the deadline for Jessica's return to her natural parents. Justices Harry A. Blackmun and Sandra Day O'Connor dissented. "This is a case that touches the raw nerves of life's relationships," wrote Justice Blackmun. "I am not willing to wash my hands of this case at this stage, with the personal vulnerability of the child so much at risk."
Three days later, the 2 and one-half-year-old was carried, screaming, from the DeBoers's home by their lawyer, Suellyn Scarnecchia, and placed in the back seat of a minivan filled with Jessica's favorite toys, clothing and bedding. With Cara and Dan Schmidt, Jessica flew the 400 miles from Ypsilanti, Michigan, to Cedar Rapids, Iowa, by private plane. She napped during half the trip, then awoke and played contentedly with her toys. When they landed, Baby Jessica had a new name, Anna Jacqueline Schmidt.
Nine months later, Jan and Robby DeBoer successfully adopted a newborn boy. His name is Casey. Meanwhile, child psychoanalyst Lucy Biven, who supervised Baby Jessica's transition to the Schmidt home, where she is now known as Anna Lee, reported that "her adjustment has been so unexpectedly good that I give the Schmidts and the DeBoers a lot of credit." And, a year after the transfer, Cara Schmidt said, "Everyone guaranteed—guaranteed—that she would have short-term trauma, that she wouldn't eat, wouldn't sleep, she'd cry. It didn't happen. She progressed rapidly."
Sadly, the strain of the court cases permanently damaged both marriages. In October 1999, Jan and Robby DeBoer divorced after 17 years of marriage. They released a statement after the divorce, saying that, "The loss of our daughter was more than our mariage could handle." Later that month, Cara and Dan Schmidt also announced their plans to divorce.
Anna Lee and her younger sister Chloe live permanently with their father, Dan. According to Dan Schmidt, Anna at age 9 had no memory of the custody battle that once raged around her.
—Bernard Ryan, Jr.
Suggestions for Further Reading
Gibbs, Nancy. "In Whose Best Interest." Time (July 19, 1993): 45-6.
Many, Christine. "Follow-U1p: Jessica Turns Nine." Ladies Home Journal (February 2000): 17.
Verhovek, Sam Howe. "Michigan's High Court Says Adopted Girl Must Be Sent to Biological Parents." New York Times (July 5, 1993): 1.
User Comments
over 2 years ago
Naomi
I have just watched the film about baby Jessica and cried and cried. However now I have been on here and read both sides I feel a bit better. I agree with the comments that all adults may have made some bad decisions and everyone lost so much! I dont know though if I could have given her up - if I was either Cara or Robby. I feel so so sorry for the family having to give up "Jessica" after all that time - whether they used the time to bond or not, I am sure that they were deeply hurt. I feel sorry for Anna having a film made about the traumatic time, and also for the couples involved - I understand they are both divorced now. With regards to the law though, I hope that it changes. I think that once you put your child up for adoption you lose the right to that child. The hurt to the Deboers must have been unimaginable! Cara had her chance and gave it up. I am a mother though - my husband may not agree with me - what if he found out he had a child that had been given up for adoption that he didnt know about? Maybe it is just best that children are taken into foster care so make no long term ties and the damage is limited until the decision is made?
5 months ago
DeAnn
This whole thing was the biggest mess I've ever seen. The DeBoers seemed like solid people. They adopted a child in good faith and gave the child a good home. Now the "birth" parent(s) come along and want the child back. Second thoughts can lead to terrible decisions, as they did here. Why move a child from a stable home and disrupt the lives of everyone concerned? Too bad they (all four parents) couldn't have shared the responsibility of parenting. Then this little girl could have had the love and support of four parents, instead, both marriages were broken. How is that a stable situation for a child? I have to say I think the Michigan courts in this case chickened out and ditched the responsiblilty of deciding. If we're looking for a Solomon, don't look at the Michigan court. Too bad a reasonable law cannot be created. Where are the legal geniuses when we need them?
over 2 years ago
Carol F
When natural parents get divorced and fight over who gets the child these same laws affect the child and the losing parent! The courts dont allow a blood parent to go against the court orders and reward the natural parent with custody who runs off and steals the child away from the other parent.. for years! Now using the excuse were bonded!! She only knows me in her mind! She has only been with me as her parent for 5 years and your a total stranger now! That doesn't work to get the offending (natural parent) off the hook and allow them to keep the child on best interest and bonding! matter of fact they go to jail and the child is returned to the other parents 5 or 7 or 10 years after the fact!! Good Try Deboers! Lesson Learned...I hope!
over 2 years ago
I think this Baby Jessica Case gave a nation more trama then it ever did Baby Jessica once she got home to Iowa and was loved back to life by her blood family. Every parents biggest fear is that their is child is kidnapped or that their child is taken away from them!..lost forever! and that was the picture we all took in on Aug 2,1993. Facing our own personal fears as we watched on tv that day Jessica was leaving the Deboers home on the news! It burnt a deep scar into everyones hearts almost like seeing a train wreck or violent crime. It touched a raw nerve of our own personal fears that we all carry as if Jessica was our own child that day! ripped from our arms! we all suffered with each cry of Robby's and with each sad word from Jan Deboer.Those few moments affected us as a nation very deeply! But these kids seem to get over it and adapt well in a short period of time and be able to move on finding their roses among the weeds! loving new people and building new lifes even not rembering the very event we all are destroyed over inside! but us old Adults get stuck in time and in their old ways and thoughts and wont move on! almost like as we age we become stalkers of death and doom and darkness! Jessica and baby Richard say 15 years after the fact that they are both very glad the court gave them back to their blood moms and family harbor no ill well toward anyone and found love and were happy all those years! both now of age dont want to be in the public eye over the old case again or drag up the past anymore! but we as a nation just can't get pass the day we saw the train wreck even thou all the people involved and us as a nation who watched it..all survived the crash!!
over 2 years ago
Anna didn't understand or know when she was living in the home of the Deboers at the tender age of 2 years old that the Deboers were only nice people wanting to adopt her and not her real blood parents and their family wasn't her true blood born extented family. To Anna at 2 years old she was removed from her real blood family that day! but NOW,... all of that has changed! because after the tranfer Anna was able to learn then reason and even see the TRUTH which is the Deboers had nothing to do with Anna's birth or born traits and Anna could now see those same blood traits about herself (only) in her true blood family link back in Iowa that Anna has her grandmother's eyes and fathers face and mothers and grandmothers hair! Anna saw herself in her real blood roots with her natural family in Iowa! that Anna wasn't from Holland like her adopted father and didn't have long thick,dark hair like Robby has thats Irish or brown eyes! Anna is a very good student and loves music like her natural mother unlike Robby that says she had problems in school learning as a child and has no musical talents. All the family traditions being taught and passed down to Anna from the Deboers wern't even from Anna's true blood born heritage..Now to Anna the Deboers became just people in her past later strangers to Anna. Adopted People or people that were lost in the foster care system will grow up and spend years and years and sometimes thousands to find their true blood roots ..hungry..for where they came from in life.You may love your adopted parents but deep down you always know you arn't really theirs and wouldn't have even been raised in their home if they could have had their own blood child! If another couple had adopted you regardless you would have became the same person!..different traits..then the adopted family! you grow up and wonder who you really belonged to? and who you really look like? and feel like you need to find those missing pieces of where you came from. You want and need to connect with others that look and share those same roots!You even feel guilt to admit it to your adopted family after years of them pretending you belong to them! The phrase..blood is thicker the water...has been around for a long time for a reason! you never see (shows) on people trying for years to find again the nice neighbor or loving school teacher or
school best friend that grew up with for few years! or even a old nanny! but people search for blood that gave them away! The blood bond goes way beyond raising and bonding as people! Its a connection that is a basic human need to connect with those that made and share that natural link! Anna is where god bore her to be!
over 2 years ago
The birthmom..Cara.. lied about the father to the court. The adopted dad..Jan..lied about his past criminal record to the court on the adoption papers. Cara kept that truth from Anna's real father and Jan never told Robby his wife about his past arrests. Cara broke the law by false statements but so did the Deboers by not returning the baby as ordered back to Iowa when Anna was ordered returned as a baby.The birth parents didnt care about Anna's mental health if removed from the Deboers and the Deboers didnt care about Anna's mental health by keeping her for so long and exposing her to a swarm of media! The birthparents didn't worry about how Anna might have felt missing the Deboers and the Deboers didn't worry about how Anna might feel about a book and movie full of dirt on her blood family or how it would affect Anna in her adult life in front of her peers! Both sets should be ashamed for having a tug of war and public fight over a innocent child! They all are to blame for any trama to Anna!
over 2 years ago
I think the adults in this case dealt with this much harder then the child did! We were asked to take a cousins newborn home from the hospital being the birthmom was in jail and wouldn't get out for about 3 years and we passed knowing the heartache coming that she wanted her child back when she got out and on her feet again. The Deboers knew they couldn't keep her so they should have let her go back for the childs sake! Being a adult means you think with your head and not allow your emotions and personal feelings to take over and make bad choices for all involved! even if the natural parents were acting wrong the Deboers should have done the right thing for them and Jessica and took her back to Iowa as a newborn to avoid this trama for all but mainly for Jessica!
almost 3 years ago
Nickey
Wake up people!!..Wake up!..Hello! You were adults when all this story happened! ANNA WASN'T You rember this story from in a (adult point) of view!
Anna was only 2 years old!! A BABY! not even potty trained! A BABY! HELLO PEOPLE! Anna has no recall of her life with the Deboers! YOU FORGET THIS!!
Anna doesnt rember the Deboers! They are total strangers to her!! She knows the story of her mom making a big mistake and a childless couple trying to keep her and take advantage of the courts waiting periods hoping to be allowed to adopt her against the will of both her parents! even calling in the media hoping that would pressure the courts to pick them as her parents! but Anna has (no bond) with the Deboers because she doesn't rember any of her life with them as parent and child! ANNA WAS IN DIAPERS! To Anna.. the Deboers are childless strangers that used the system to kidnap her for as long as they could and play family! The people that watched the story and saw the shows on this case are much more bonded with the Deboers then Anna ia today! If my mom left me with a babysitter..for whatever reason.. and they refused to turn me back over till the law made them over 2 years later!! then filmed me scared to death and screaming and kicking in front of a crowd of camera in the front yard! wrote a book and made a movie about me after I was gone! and I COULDN'T REMBER THEM OR MY PAST WITH THEM AS MY PARENTS ..AT ALL!..BECAUSE I WAS A JUST BABY! I would be scared of that crazy couple too..I would think they were mental!..baby snatchers! they used the system to steal me against my parents and even the law! Just because they cant have their own children! and because.. a deals a deal! so we are keeping her!! all the things in the Deboers book of tea parties and tubby time with kisses for mommy and daddy..putting love in each others hearts.. those are burned into the Deboers mind and heart not Anna's because she doesn't rember any of that or them at all! she was just a baby in diapers!
SHE REMBER'S NONE OF THAT! what do you rember at 2 before when you were in diapers? She hasn't missed them or even thought of them as mommy and daddy all these years because all of that has been with her natural mom and dad and family! Why would Anna want to go visit or met with total..TOTAL strangers? because they fought dirty with her family over her in front of a entire nation of people? She has no desire or longing to met people she doesn't rember! Anna feels sorry the Deboers couldn't make their own blood children and feels that's why the drive to (not reason out) that she wasn't up for adoption anymore!! and she should have been returned right away as a newborn and wasn't made by the Deboers! even in foster care the state starts up family visits right away with the family! and works to unite the blood family with the child! The DEBOERS KNEW ANNA'S FIGHTING MOM AND DAD WOULDN'T LOSE ANNA TO THE FOSTER CARE SYSTEM! PLEASE! The Deboers kept her in hopes to get to keep her on grounds of bonding! and they asked for a broken heart! and put themself through TRAMA hanging on to a little girl that wasn't really theirs to keep! The baby Jessice case is the Deboers issue and pain!..NOT ANNA'S! Anna rembers nothing of them and the ordeal and wishes to not drag up a lot of pain for her family members to make total strangers feel better!
almost 3 years ago
What is most sad here is how the adults acted in the situation. The problems began way before Anna was ever conceived. The situation is what it is because of many mistakes by adults. Anna must live out her life. It will probably be important for her to look back into the past eventually but that will have to be her decision. She is still a child even though 18. She is continuing to be affected by the bad decisions of adults. It would be in her best interest for the adults to begin to apologize and forgive each other then Anna would be able to move forward and understand her past. The adults should reach out to each other for the betterment of the child.
almost 3 years ago
As an adoptee reunited with her birth family, my real family, I am infuriated the Deboers kept Anna from her true family as long as they were able, and then played "victim." They made victims out of Anna, as well as everyone else by refusing to accept they were hanging onto a child who WAS NOT THEIRS. Luckily Anna was eventually able to grow up with the appropriate parents and thus was able to regain her true heritage, history, lineage and background - that which she needed, not the "suffering" Deboers with whom she did not belong.
almost 3 years ago
To Anna & Anna's side.
I am glad to hear you are happy and well adjusted.Maybe those crucial first years with the Deboer's is why.
Please Anna,Deal with your anger at whomever it is.As you have learned from your church Anger turned inward is rage and bitterness.
I can see the Deboers love you that is why they kept you with them ,being you would have went to the foster care system either here in Iowa or in Michigan since your Mom signed her rights away, Dan's was not yet established,you may have even been put in several different foster homes, not giving you the stability you had Anna.
Once in the system noone knows how long it would have taken for you to go to the Schmidts. I am not trying to trash your family but your mom lied alot, creating this senerio,it could have been alot different.As for the transfer of you it was court appointed, so the DeBoers had no say so of it, being Dan acted like he did,i myself would not want him anywhere near me or my home as i'm sure the DeBoers felt the same way.
Even if they had picked you up at their home it doesn't mean you wouldn't have cried like you did.The Deboers grief was overwheling, i have lost children and was once very angry and wept alot,i just didn't care about
life. One question for you Anna. What were the Deboer's suppose to do after you were gone from their lives? Everyone grieves in his or her own way,sometimes it's anger,
bitterness,projects like writing a book,Robby ,exercise,working at the job more,talking about it. The Deboer's adopted their son ,who they love very much but who could NEVER take your place.I had a child who is about 2 months older than you ,and love her dearly,she'll never take the place of the ones that i lost.
As far as learning diabilities,umm she taugth you didn't she? God bless you.
about 3 years ago
I just want to wish Anna best wishes in her life( happy 18th birthday) I also hope that someday she'll be able to deal with this anger toward the Deboers and just maybe seek them out for the other side of the story. I feel there's always 2 sides of a story and in the Schmidts case their version is what Anna was told growing up. A child respects and loves their parents and never wants to doubt what their told. Anna has so much anger and I don't blame her. I just hope someday she'll seek out the Deboers to maybe hear their side of the story or even to confront them with her anger. God Bless you Anna. I know you had a good life with Dan and Cara and your other family members. I just hope someday you can put this all behind and
move on( maybe when you leave for college)
over 3 years ago
I think that when Anna was just a few weeks old the Deboers were hoping that with each appeal that the court would allow Jessica to stay becouse she was now getting older and bonded with them as mom and dad! but to me that a big gamble to make on a case where both parents want her back and one never signed her over! becouse if they lost that gamble then poor child Jessica would go through trama at a very young age!
my feelings is the Deboers used the legal system to keep her for over 2 years and had faith that now after all these years they wont take her away!! its not NOW in her best interest!! rember the fight started a few weeks after Jessica birth! not at 2 years old! in the end the Deboers lost the gamble and they have moved on and arnt even together anymore! they have broken up twice since Jessica was returned.the laws shouldnt have allowed the Deboers to keep her once a fight came about at the age of a little over a week old! If she went into Foster care then her blood family could have stepped in and seen Jessica and maybe gotten her until it was all ironed out! but then the Deboers would have no case of best interest if they didnt hold on to her!..I do feel they used the system... I also found it weird that in Robbys book she said after a year they packed up all her pictures!! ready to move on! most people who have lost children
have shrines of them in their home!
and she never mentioned in her book that they were already adopting another child but left it as..mybe someday..that seemed rather untruthful,like they would stay childless for awhile when they had a adopt plan with a pregant teen girl already to me.I think Robby had put up walls and disconnected herself in many ways as Jessica real mother becouse thats not the behavior of a bonded mother who has a child kidnapped or a death! mybe after court loss after appeal and another loss Robby had become adjusted to losing her and ready to just let go! I do agree the tv shows and the book contents and the movie were not thinking of Jessica or her future and educating the public and changing the laws didnt need to include jessicas face and history,mud slinging and degrading comments about her blood family and you cant blame Anna if she is angry! I would be also if my pictures and my parents pictures with comments on their pasts and bad parenting and trasy behavior from my mom and their off mental states with all our real names were at the local libary in my home town my entire life!! and on the net! 18 years later all Jessica friends and peers know her mom wasnt married gave her away lied about the father,Dan walked off from her half brother and sister and all kinds of other negative judgements were put in print! How was that changing laws and helping other kids to ID ALL OF THEM THROUGH THEIR NAMES AND STATE ADDRESS AND PICTURES? that sure wasnt think of Jessica feelings as she grew up! hadnt she been through enough? she and her peeers and town reads how her blood parents didnt even ask about how to care for her and in the book it made question to the grandmothers really wanting the child not her mom and then within months the Deboers have a new adopted baby and state in the book that they are taking Jessica photos down? I bit Jessica now Anna felt really good to read all that!
none of that was in her Best Interest and the Deboers did get paid for it!!!..You cant blame the poor girl if she dislikes the Doboers after you read about her family and the movie shown them as really trash.
over 3 years ago
Anna doesnt want to see the Deboers after them not taking her back to her mother as a newborn thats bull that they couldnt return her! the Deboers had no problem breaking the laws not to return her!! they had their address and phone to work to give Anna back! Anna blames the Deboers for the 2 and half years taken from her and her family!...mainly her mom! and making a side show with the media when she was returned just to get pity from the public! not caring that anna would have to go through a crowd scared and crying with pictures forever posted on the net!!Oh,loving parents? and a movie deal then a book? then show after tv show! they adopted a another newborn within a year after she was taken!..how many people have their 2 year kidnapped away and go out and get a replacemnet baby? Robby Deboer made sure to put into print all of Anna familys skeltons and put down Anna father and mother as trash knowing Anna would have all her friends someday and family see that and it would never go away for Annas entire life! Anna has voiced her anger at the deboers many times! they paid for a newborn! medical fees and lawyers!! and was going to make a point to keep what they paid for! anyone that would hold on to a infant knowing the mother regeted it and the father didnt even know he had a child much less sign her over to adoption! thats not good people!! selfish people!! the deboers knew when Anna was a small new infant that you cant keep a baby that both parents want and one never gave up! so for Anna to be kept for over 2 years calling them mommy and daddy!! was child abuse on the Deboers side! Anna has said many times after the Deboers not returning her but using the legal system as she got older to keep her and all the media circus the deboers brought in to make her a freak show! along witha book and movie showing her blood family as stupid,uneducated hicks and trash!! she is so glad she wasnt raised by those people!! Anna real mother has much more education then Robby Deboer had and Robby Deboer was admitting in court to suffer from,learning problems and Anna blood father made alot more money then Jan And Robby did! none of that was told becouse only the Deboers ran the media show and actted like the better home!! it leaked out through so called friends Anna had a myspace and the group and deboers emailed Anna she closed down her account!! she cant even have a myspace without being stalked by this crazy couple! anna said mybe the Deboers are hoping to sell the reunion show to cable and make money!! or another book deal! Jessica comes home!! mybe part 2 of the moive is in the making for the Deboers!! and once they cash their check Anna wont even hear for the Deboers again!!
over 3 years ago
Iwill never forget the day that Jessie was taken away from the only two parents that she knew. Taken to a family that she only saw a few times.. That day will always remain in my mind as one of the worst days in history along with 911. The screams that came out of the little home on Pear Street and the heartwrenching screams that came from little Jessie as she was ripped from her parents arms and wisk away to a far away land she never knew. After that day I felt I needed to do something to help other children who would be force to leave thier only parents they knew.. HEAR MY VOICE was the perfect choice for this group but the name was change later. Yrs have gone by and every time I drive to Ann Arbor I still find myself driving down Pear street and look at the home JESSIE was removed from and the screams that echo from that home. In FEB Jessie will turn 18 I hope that GOD will give her the strengh to see and reunite with her first REAL PARENTS.. I feel that Dan Schmidt used this child as a pawn in his insecure and power controling life. He hardly ever saw the other children he had why was Jessie so important to him . He already had another child name Chloe that was born during this trail phase.. The DEBOERS gave Jessie a very safe loving stable home. If you loved JEssie so much you should of let her stay in that home and not with you that didnt know how to be a good parent. Jessie if u ever read this understand your real parents in ANN ARBOR mich loved u very much and please go and meet with them when you turn 18
over 3 years ago
stop with the oops Anna.lets not steal her identy AGain.
Wheter or not we agree or not or like her name change or not. Her name has been Anna for 15 years..
So that said... I do also hope that Anna does contact the Debors when she turns 18 as well.
i think that it will help her understand her past.
And hopefully help the Debores broken Heart heal some.
She is old enough to understand the LOVE everyone had for her that caused the WAR over her.
Anna I wish you all the happiness in the world.
over 3 years ago
I pray with all of my heart and soul that when Jessi (Anna...) turns 18 she reunites with the DeBoers. As a birth mother of an adopted child, I feel that I have nothing in common with Cara Clausen-Schmidt. I could have understood if she had changed her mind at the hospital immediately after the birth, but what she put that baby girl through was crazy. I read an article awhile back that said that the DeBoers should have taken Jessi and fled the country. I understand why they didn't, but I might have been tempted had it been me. Robby and Jan, I wish this had never happened to you or Jessi. Cara and Dan Schmidt are, in my opinion, two of the most self-centered people I have ever heard of and I think they should have spent more time worrying about the baby they professed to love and less time thinking about themselves and the "piece of property" they acted like someone had taken from them against their will.
over 3 years ago
I still remember when Jessica was taken from her parents and given to the Schmidts her bio parents. I believe Jessi buried her memories just like any child who is in a tramatic experience. I can't even imagine what that little girl went through wondering where the people she knew as her parents were and why she was with the Schmidts. I could never understand why the Schmidts stole Jessica's identity from her by giving her a new name. I guess they really wanted Jessica to forget her past life.
Now Jessica( oops I mean Anna) is 17yrs old and if I'm correct will become a senior in high school come Sept. I'm waiting for this young lady to tell her story and hoping she will reunite with the Deboers. I remember an interview with Anna when she was 12. I also remember thinking until she's away from the hand that feeds her what she truly wants to say won't be spoken.
God Bless you Jessica( oops Anna)I hope you find your way home some day