Tuesday, October 10, 2006

Utah Courts Deciding Who Will Raise Anthony

A little boy conceived via surrogacy, and later adopted by Matt and Tony Worthington, now waits for the state Supreme Court to decide who will raise him. Two month's after Anthony's birth, the boy's biological father, Arturo Nuosci, who is a Canadian citizen and was living in the U.S. illegally, was arrested and charged with fraud. The surrogate, Rachel Sullivan, had two children of her own and relinquished her rights to the boy through adoption. Nuosci never relinquished his rights.

In June 2005, 3rd District Judge Bruce Lubeck found the relinquishment Sullivan signed legally flawed. While Utah law makes clear a conviction alone isn't grounds to keep a parent from a child, Lubeck decided he could not terminate the rights of Anthony's parents. Lubeck also dismissed the Worthingtons' adoption petition. But he left Anthony in their care, with control over who would see him. The couple had already ended visits with the boy's relatives, a decision questioned during arguments in the appeal by Justice Michael Wilkins, and attacked by the boy's parents.

http://www.sltrib.com/news/ci_4463846

23 comments:

Anonymous said...

Anthony was never adopted by Matt and Toni Worthington. He never will be, either.

Anonymous said...

Lubeck's rulings were deemed 'musings' by the Supreme Court: which should give us cause to question if there is censure in Judge Lubeck's future. Procedure in this matter as directed by Lubeck was erroneous enough to warrant disciplinary action.

It appears as though Lubeck intended the Worthington's to have permanent custody. Interestingly enough, a permanency hearing has never been held. Legal custody was awarded to the Worthingtons subsequent to a Best Interest hearing.

It has been established that Sullivan is a capable and willing parent. Lubeck's refusal to return custody to Sullivan could not be based on protection concerns as Sullivan has custody of her two older children. No protection issues have been raised in reference to those children.

Lubeck maintained Sullivan's rights yet accepted that her Parental Presumption had been refuted. Even so, custody was awarded to the Worthington's without any further direction from the court. Open ended, yet not at all ambiguous.

Both the surrogacy contract and relinquishments had been ruled invalid. Sullivan retains her parental presumption STILL. What did Lubeck really intend ?

Anonymous said...

Matt and Toni Worthington are Daddy and Mommy to Anthony! I mean if you think about this logically the surrogate mother was only that....she was paid to have that baby therefore never intending to raise him. The "father" is in jail/prison for fraud charges...what kind of life would you want for this child if you were in this situation?? Matt and Toni have a stable home and family enviroment....a Mommy and a Daddy!

Anonymous said...

Yes, the Worthington's are the only good choice in this disastrous mess. That messed-up-beyond-belief Sullivan woman relinquished her rights upfront by agreeing to this surrogacy thing, so frankly she should have no rights whatsoever. And the "dad" is a criminal. Frightening that the surrogate would sell her body out to someone like that.

sr06 said...

The Worthington's are Mommy and Daddy due to an erroneous judgement rendered by an socially and politically biased officer of the Court.

The Supreme Court ruling was clear in its opinion that Lubeck applied the statute in a manner inconsistent with both the letter and spirit in which it was written.

Precedent has established that it is the inherent right of a child to be parented by his or her biological parents if said parents are judged to be fit and capable. Although Ms. Sullivan clearly entered into this as a traditional surrogate, it is evident that at some point she knew she was also this child's mother.

The Worthingtons accepted custody of this child knowing full well that he was not free for adoption and that the natural father would object to any such proceedings. According to the Supreme Court, they were little more than legal strangers or temporary custodians (ie. foster parents). Yet, they began referring to themselves as Mommy and Daddy almost immediately. It is strictly against DCFS for a foster parent or fostadopt family to refer to themselves as Mommy and Daddy until the child is legally free for adoption.

Anonymous said...

Why should the Worthingtons have more rights than Miss Sullivan? Because they want him? They surely didn't "pay" for him in the agreement, did they? They're just trying to steal another womans child.

JustMeTrue said...

She has given this child up twice. So I don’t think she has rights to this child. she has no bond what will she do if she gets the child back sell it or give it up again when she doesn’t want to deal with the child. I am just glad that there are people like Matt and Toni out there that will take on this situation and love this child like there own and they have proven this over and over again by standing up for their love for this child. And this child is Matt and Toni’s. Just because this biological mother gave birth to this child does not make her a mother, any women with good female organs can make a child. What Matt and Toni have done is give this child a life and love and experiences that he cherishes and is happy why would anyone want to destroy a child and give him back to some one he does not even know or have a connection to. Matt and Toni are who he needs to be with forever and ever.

Sharol said...

Rachael left this baby with Matt and Toni at their first meeting, she didn't even know them... then she writes along touching letter about how she KNEW he was meant to be theirs. She had spoken with at least 2 different families about adopting him DURING her pregnancy in which she was contracted to give him to his biological father. She had told the biological father that she had miscarried his child, and was secretly planing to adopt him out.. She did receive over $20,000 for his "creation and birth".
She only had this child for a few weeks in his 3 1/2 years of life. He doesn't know her, doesn't want to even visit her.
Rachael signed all the legal papers to place the baby for adoption, there was a small clerical error with the notary, but Rachael has always admitted that she signed the papers for the Worthington's to adopt him. Rachael is emotional unstable, and in my opinion doesn't even want the baby back, just wants to WIN in court.
It will be devastating for the baby to lose the only parents he has known. He has an incredible family and extended family with the Worthington's. If Rachael loved this baby as she claims she would do what was best for HIM not what she wanted. By Rachael's own account her mother is crazy and abusive, her ex is a drug addict and convict, she has no real friends and no supportive family... how will she raise a child that will come to her angry and upset about the whole situation?? She is selfish and immature and uses this baby to keep herself in the lime-light.

Anonymous said...

"Anthony was never adopted by Matt and Toni Worthington. He never will be, either."
Rachael PLACED Anthony for adoption with the Worthington's AND signed all the legal paperwork. So she TRIED to place him for adoption with them, as well as other couples. Rachael is an unfit parent and for Anthony's sake I hope that he gets to live with the only PARENTS he knows and LOVES!!!

Anonymous said...

Racheal is a woman. AN amazing woman. SHe set out to do something life changing for someone else become a surrogate mother.


There was a reason she looked at adoptive parents during the the bio father prsented with alarming problems that had her gretaly concerned about the childs welfare.

SHe didn't know the history of the Intended father b/c she was given a fake name.

Racheal is a normal woman who did want to parent her child. She is a sweet loving woman who was badgered an fetl in a corner everyone she knew pushed her to place that child for adoption.

That is horrible to do to any woman. SHe at one point felt (in large part due to pressure from otehrs) that the best way to show her child she loved him was to give him to two parents (she is a single Mom) She idd persnaly feel torn When she was called to coem and get him after the father was palced in jail she RAN to get him then was PRESSURED and under DURESS gave him up no adoption should happne like this yet it did she was taken advantage off YES SHE WAS!

SHe is now a stable loving Mom with a very good stable job healthy happy children are in her care who are thrivinmg young people in every way possible.

The courts have ruled she DID WIN she should have her son.

Rgith or worng she changed her mind the law supports this yet she is still w/o this child who is her son? What gives what has to happen to ge him home?

Anonymous said...

Dearest Sharyl,

You should tell the world who Matt Worthington is when you come here to blast others.
You should tell them that Matt Worthington is an unmedicated bipolar who has what he like to call a "short fuse". Who is angry with his father and fears he will turn out like him. Who is Matt Worthington's father? This link should speak for itself:

http://query.nytimes.com/gst/fullpage.html?res=9D0CE2DE1538F930A1575AC0A967958260

And yes, that really is Matt's dad, who raised Matt until he was 15.

Those who live in glass houses......

Anonymous said...

ok, i personally KNOW both matt Toni and anthony! there very caring people and anthony J. is the cutest little boy in the world!! i love him to death and matt and toni take careof him extreamly well, so i don't wat people like the one b4 me telling things about matts dad. it's true. but matt is the most caring loving guy youwill ever meet and he loves anthony!! and toni is a brilliant mom and both wouldnt hesitate to die for anthony!! i love them all very much!!

Anonymous said...

rachel sounds like a freak!!!

Anonymous said...

rachel's a freak, and she's in good company with the worthingtons. Who in their right mind would leave a little boy with a man who is as obviously troubled as Matt?

Anonymous said...

rachel's a freak, and she's in good company with the worthingtons. who in their right mind would leave their little boy with someone as obviously troubled as matthew worthington?

outraged said...

How can any of you think that this is the right thing for Anthony. The "Mother" tried to sell him because she needed money who could do that. the woman's a monster if you ask me. Toni and Matt are wonderful parents and Anthony loves being with them. if Anthony is given back to Rachael im sorry he will not be loved he will turn into nothing but a common criminal. Anthony is Toni and Matt's because they love him and know him and care for his needs.

Anonymous said...

Rachel should get her son, Anthony, back, and the Worthingtons should stop being so selfish.

Sharol said...

Dearest Anonymous,
First you spelled my name wrong... notice that I am willing to use my name, you have to post as Anonymous!!
Posting comments about someones father doesn't mean a thing about that person. Oprah has some pretty awful people in her own family that abused her, and did horrible things about her. Should she be judged by her family, or by her own character?
Have you met Matt? Or had him in your home? Then be careful casting stones. I have met Matt, Toni and Rachael, they have all been in my home. I know more about this situation then I am SURE you do. I have a copy of Rachael's letter to the Worthingtons' that states she KNEW he was meant to be their son.. she wanted them to his MOTHER and FATHER, he was not placed in FOSTER CARE, he was placed with them to be adopted... Rachael did sign the paperwork the ONLY reason that this is in court now is that the relinquishment was not notarized correctly... but Rachael DID sign it, and never has denied that... she was pressured by anti-adoption groups to get Anthony back, and by her mother who didn't even know about Anthony until AFTER she placed him and signed the relinquishment with the Worthingtons... I have posts where Rachael tells about how HORRIBLE her mother was/is and how abussive. Thus I would argue part of the reason Rachael never even told her she was pregnant, or a surrogate or even when CPS called her to take Anthony she didn't even call her mom for advice. But when her mom learned about Anthony her MOM wanted him back, then suddenly Rachael wanted him, and her mom would help raise him... the same HORRIBLE mom that abused and raised Rachael?
During the court proceedings Rachael had her own mother thrown out of the court... though she tried to make it look like it was the Worthingtons' attorney requested it. Why would you have your own mother thrown out of court? Well she said to comply with the courts... yet they didn't throw her out? I would guess that Rachael had lied to her mother about the entire situation, and didn't want her mom to hear all the evidence and witnesses during the trial. Now this isn't HEARSAY, I was there and witnessed this and Rachael TOLD me personally that she did throw her mom out to comply with the courts. You are not privy to anything that really occurs... just what Rachael tells you... which clearly you can't trust.
Anthony LOVES his parents, the ONLY parents he knows. I have read the reports from counselors that have worked with Anthony, Rachael and the Worthingtons, they ALL say that it will be detrimental to remove Anthony and give him to Rachael... but she doesn't care she wants to WIN. I know of 2 other couples that I have spoken to personally that she asked to adopt Anthony... she also asked my husband and I do adopted Anthony. She wasn't some poor single mom that was preyed upon.
Also have you met her two other children. Her son has SERIOUS issues, is violent and mean and abussive. We watched Anthony for several days for Rachael, he was not in good shape, didn't really eat or respond... I was worried that he could even die in our care... I took him to my doctor the next day to make sure that he was ok.
I think that you need to watch who you trust and believe... maybe if you knew more of the parties, or tried to learn more of the truth you would have a different stance on this. The truth is I am not so much on the Worthingtons side as I am on Anthony's side... he deserves a happy whole life, and that is what he has. But this whole thing has taken a toll on him, when they started visitations (ordered by the judge) with Rachael... he had tons of tantrums was angry and unruly... How do I know this... not from hearsay, but because my twins were also in the same daycare, I saw his behavior significantly change, I spoke with the director and teachers as his behavior was concerning...
Rachael told me personally when the first hearing went through that if she didn't WIN, she would drop it, that she didn't want to drag Anthony through a long drawn out battle and take him from the only parents he knew... yet here we are more then 4 years later, still dragging it on. He was 3 months old when he was GIVEN (yes GIVEN) to the Worthingtons.
Did you know that Rachael met them for lunch, had never met them, seen their home etc and she HANDED them Anthony at that first meeting... Then wrote them a beautiful letter about how she KNEW they were his parents the very next day. She meet me on a Saturday and had her friend DROP Anthony off to my house to watch him for days, and she didn't really know me at the time.
My twins are one month older then Anthony, I can't image the terror and panic they would feel if we just dropped them off and said now this is your mommy.

Sharol said...

Dearest Anonymous,
First you spelled my name wrong... notice that I am willing to use my name, you have to post as Anonymous!!
Posting comments about someones father doesn't mean a thing about that person. Oprah has some pretty awful people in her own family that abused her, and did horrible things about her. Should she be judged by her family, or by her own character?
Have you met Matt? Or had him in your home? Then be careful casting stones. I have met Matt, Toni and Rachael, they have all been in my home. I know more about this situation then I am SURE you do. I have a copy of Rachael's letter to the Worthingtons' that states she KNEW he was meant to be their son.. she wanted them to his MOTHER and FATHER, he was not placed in FOSTER CARE, he was placed with them to be adopted... Rachael did sign the paperwork the ONLY reason that this is in court now is that the relinquishment was not notarized correctly... but Rachael DID sign it, and never has denied that... she was pressured by anti-adoption groups to get Anthony back, and by her mother who didn't even know about Anthony until AFTER she placed him and signed the relinquishment with the Worthingtons... I have posts where Rachael tells about how HORRIBLE her mother was/is and how abussive. Thus I would argue part of the reason Rachael never even told her she was pregnant, or a surrogate or even when CPS called her to take Anthony she didn't even call her mom for advice. But when her mom learned about Anthony her MOM wanted him back, then suddenly Rachael wanted him, and her mom would help raise him... the same HORRIBLE mom that abused and raised Rachael?
During the court proceedings Rachael had her own mother thrown out of the court... though she tried to make it look like it was the Worthingtons' attorney requested it. Why would you have your own mother thrown out of court? Well she said to comply with the courts... yet they didn't throw her out? I would guess that Rachael had lied to her mother about the entire situation, and didn't want her mom to hear all the evidence and witnesses during the trial. Now this isn't HEARSAY, I was there and witnessed this and Rachael TOLD me personally that she did throw her mom out to comply with the courts. You are not privy to anything that really occurs... just what Rachael tells you... which clearly you can't trust.
Anthony LOVES his parents, the ONLY parents he knows. I have read the reports from counselors that have worked with Anthony, Rachael and the Worthingtons, they ALL say that it will be detrimental to remove Anthony and give him to Rachael... but she doesn't care she wants to WIN. I know of 2 other couples that I have spoken to personally that she asked to adopt Anthony... she also asked my husband and I do adopted Anthony. She wasn't some poor single mom that was preyed upon.
Also have you met her two other children. Her son has SERIOUS issues, is violent and mean and abussive. We watched Anthony for several days for Rachael, he was not in good shape, didn't really eat or respond... I was worried that he could even die in our care... I took him to my doctor the next day to make sure that he was ok.
I think that you need to watch who you trust and believe... maybe if you knew more of the parties, or tried to learn more of the truth you would have a different stance on this. The truth is I am not so much on the Worthingtons side as I am on Anthony's side... he deserves a happy whole life, and that is what he has. But this whole thing has taken a toll on him, when they started visitations (ordered by the judge) with Rachael... he had tons of tantrums was angry and unruly... How do I know this... not from hearsay, but because my twins were also in the same daycare, I saw his behavior significantly change, I spoke with the director and teachers as his behavior was concerning...
Rachael told me personally when the first hearing went through that if she didn't WIN, she would drop it, that she didn't want to drag Anthony through a long drawn out battle and take him from the only parents he knew... yet here we are more then 4 years later, still dragging it on. He was 3 months old when he was GIVEN (yes GIVEN) to the Worthingtons.
Did you know that Rachael met them for lunch, had never met them, seen their home etc and she HANDED them Anthony at that first meeting... Then wrote them a beautiful letter about how she KNEW they were his parents the very next day. She meet me on a Saturday and had her friend DROP Anthony off to my house to watch him for days, and she didn't really know me at the time.
My twins are one month older then Anthony, I can't image the terror and panic they would feel if we just dropped them off and said now this is your mommy.

Sharol said...

Dearest Anonymous,
First you spelled my name wrong... notice that I am willing to use my name, you have to post as Anonymous!!
Posting comments about someones father doesn't mean a thing about that person. Oprah has some pretty awful people in her own family that abused her, and did horrible things about her. Should she be judged by her family, or by her own character?
Have you met Matt? Or had him in your home? Then be careful casting stones. I have met Matt, Toni and Rachael, they have all been in my home. I know more about this situation then I am SURE you do. I have a copy of Rachael's letter to the Worthingtons' that states she KNEW he was meant to be their son.. she wanted them to his MOTHER and FATHER, he was not placed in FOSTER CARE, he was placed with them to be adopted... Rachael did sign the paperwork the ONLY reason that this is in court now is that the relinquishment was not notarized correctly... but Rachael DID sign it, and never has denied that... she was pressured by anti-adoption groups to get Anthony back, and by her mother who didn't even know about Anthony until AFTER she placed him and signed the relinquishment with the Worthingtons... I have posts where Rachael tells about how HORRIBLE her mother was/is and how abussive. Thus I would argue part of the reason Rachael never even told her she was pregnant, or a surrogate or even when CPS called her to take Anthony she didn't even call her mom for advice. But when her mom learned about Anthony her MOM wanted him back, then suddenly Rachael wanted him, and her mom would help raise him... the same HORRIBLE mom that abused and raised Rachael?
During the court proceedings Rachael had her own mother thrown out of the court... though she tried to make it look like it was the Worthingtons' attorney requested it. Why would you have your own mother thrown out of court? Well she said to comply with the courts... yet they didn't throw her out? I would guess that Rachael had lied to her mother about the entire situation, and didn't want her mom to hear all the evidence and witnesses during the trial. Now this isn't HEARSAY, I was there and witnessed this and Rachael TOLD me personally that she did throw her mom out to comply with the courts. You are not privy to anything that really occurs... just what Rachael tells you... which clearly you can't trust.
Anthony LOVES his parents, the ONLY parents he knows. I have read the reports from counselors that have worked with Anthony, Rachael and the Worthingtons, they ALL say that it will be detrimental to remove Anthony and give him to Rachael... but she doesn't care she wants to WIN. I know of 2 other couples that I have spoken to personally that she asked to adopt Anthony... she also asked my husband and I do adopted Anthony. She wasn't some poor single mom that was preyed upon.
Also have you met her two other children. Her son has SERIOUS issues, is violent and mean and abussive. We watched Anthony for several days for Rachael, he was not in good shape, didn't really eat or respond... I was worried that he could even die in our care... I took him to my doctor the next day to make sure that he was ok.
I think that you need to watch who you trust and believe... maybe if you knew more of the parties, or tried to learn more of the truth you would have a different stance on this. The truth is I am not so much on the Worthingtons side as I am on Anthony's side... he deserves a happy whole life, and that is what he has. But this whole thing has taken a toll on him, when they started visitations (ordered by the judge) with Rachael... he had tons of tantrums was angry and unruly... How do I know this... not from hearsay, but because my twins were also in the same daycare, I saw his behavior significantly change, I spoke with the director and teachers as his behavior was concerning...
Rachael told me personally when the first hearing went through that if she didn't WIN, she would drop it, that she didn't want to drag Anthony through a long drawn out battle and take him from the only parents he knew... yet here we are more then 4 years later, still dragging it on. He was 3 months old when he was GIVEN (yes GIVEN) to the Worthingtons.
Did you know that Rachael met them for lunch, had never met them, seen their home etc and she HANDED them Anthony at that first meeting... Then wrote them a beautiful letter about how she KNEW they were his parents the very next day. She meet me on a Saturday and had her friend DROP Anthony off to my house to watch him for days, and she didn't really know me at the time.
My twins are one month older then Anthony, I can't image the terror and panic they would feel if we just dropped them off and said now this is your mommy.

RachMama said...

You have a lot of nerve, Sharol, running my 9 year old son down again on the internet. My little boy is brilliant and lucky. He reads on a 12th grade level (in ALL his reading and comprehension subjects), he plays chess and swims. He has what he likes to call "his job"~volunteering with an animal rescue shelter. He is awesome, and you are sick to continue writing negatively against a little boy you met only once, over 4 years ago.
As for the rest, I guess you didn't get the memo that the expert says it will now be detrimental to remove me from my son's life? I guess you missed how Anthony came running to me in Toni's presence (which btw, this is not supposed to be a bash on her, I have nothing ill to say about her) and said, "I'm here Mama!", then followed me around the clinic to play with me and insisted to Toni that I come to the park with them? How the expert noted how Anthony "lights up" when he is around me, how he is bonded with myself, his brother and sister?
I guess you aren't there every week when Anthony runs around my house calling for me: "Mommy!", though I don't protest when he calls me "Rachel" (I don't say anything either way), but 95% of the time it is natural to him to call me "Mommy".
Yeah, I guess you weren't there.
As for the rest, your post is very long and very full of lies. I suppose I don't expect much else from a woman who is willing to subpoena her cancer-stricken mother into court just to prove a point.

Sharol said...

First I don't think your son's issues are HIS FAULT, I think they are the adults in his life. I haven't seen him in a while, nor did I CLAIM to have. But I know that I am not alone in my evaluation of his behaviors that I PERSONALLY WITNESSED... nor do I wish your children anything but happiness, I feel they are innocent victims in this all... but that is really not the issue at hand.
As for your visits, I am not there, nor do I want to be. I feel for little Anthony... I don't know what he acts like toward you now, or if those behaviors are genuine. However most parents that just play and visit are welcome and FUN. So I have no doubt if you take him fun places and do fun things that he enjoys that. I know he was acting out and hating your visits when they started, as my twins were in his class at school and he was really acting out... he had even walked up and hit my son as soon as he sat at the table unprovoked one morning. I know that his behavior at school was VERY negatively impacted when your visits started... and yes I did witness that first hand, I saw your son twice a day during that period. I also know that kids whose parents horribly abussive to them often BEG to be with their parents... protect and lie for their parents... so just your word of how is just so happy now, doesn't mean much to me.
You and I know everything was 100% true, I have nothing to gain or lose by lying, I Just get tired of you lying and slandering the Worthingtons, which you have done MANY times in many forums... you didn't even comment on throwing your own mother out of court so she couldn't hear the story you told her was conflicting what came out in court.
As for my mother, my mother has passed away, so really you shouldn't be trying to bring her into this.
But as for subpoenaing her... everyone that OFFERED to testify got a subpoena, if you noticed I received one as well... My mother was there when we cared for your son, I talked to her daily, she was well aware of the situation and was shocked and APPALLED at you and your behavior. She had stated on more then one occasion that she couldn't understand why this kept dragging on and on and why they would leave that baby with the Sullivans, were he BELONGED. She kept a daily journal... I am sure that I can show you exactly how she felt about you and this entire mess that you created. My sister had shared some not so favorable information against you with her... plus the fact that I spoke with her daily and could testify to what really happened during the beginning of this mess (and again she kept a daily journal of all this, which is admissible in court)... which is why she was going to testify in regards too.
Regardless... You need to quit talking on 20 different sites, and trying to be a surrogate again, and focus on your kids. You spend more time chatting online then anyone I know.

Anonymous said...

Good for Rachel Sullivan for taking responsibility for her child. That child will grow up to know that fraud just about landed him into a pseudo-family. Nothing better than a biological parent to raise the child if that parent fit. Les England was involved in this fraud eh? That figures; there are a lot of stories going around about Les' fraudulent dealings in adoptions.

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