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Obese Man Granted 2nd Adoption Hearing

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[November 30, 2007]  KANSAS CITY, Mo. (AP) -- A man who says he was not allowed to adopt a child because he is obese and underwent gastric bypass surgery to lose weight attended a second adoption hearing on Thursday.

Gary Stocklaufer, 35, weighed 550 pounds in July when his petition to adopt Max, an infant he and his wife had taken in, was denied. Missouri officials have not confirmed the reason Max was removed from the Stocklaufers' home, citing the confidentiality of court proceedings in adoption cases.

But several adoption experts have said the case is considered the first case where a couple seeking to adopt has resorted to surgery in the increasingly prevalent practice of denying parents adoptions because they are obese.

Since undergoing gastric bypass surgery in August, Stocklaufer has shed nearly 200 pounds.

Jackson County Circuit Judge John O'Malley did not rule in the matter after the closed hearing on Thursday, Stocklaufer said. It was unclear when the judge would rule, but more witnesses were expected to testify Friday, Stocklaufer said.

"I'll feel better when we get him home," Stocklaufer said outside the courthouse.

Court officials would not comment, citing confidentiality in adoption cases.

The baby, who was 4 months old when he was removed from the Stocklaufer home, had lived with the Stocklaufers since he was a week old and is related to the Stocklaufers.

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Stocklaufer and his wife, Cindy, 34, claimed their plans to adopt Max were denied because of Gary's weight. Instead, Max was given to another couple for possible adoption.

Gloria Hochman, spokeswoman for the National Adoption Center in Philadelphia, said weight problems are becoming more commonly considered by adoption agencies. But she said she didn't know of any agencies with written policies prohibiting adoption by obese people.

She said courts and agencies probably consider weight when placing children because they are concerned about an adoptive parent's longevity and "the ability of the parent to be able to really parent in a healthy way."

The Stocklaufer case is a private adoption and does not involve the state Department of Social Services. But Sara Anderson, spokeswoman for the department, said a number of factors, including physical health, are considered in an adoption.

The Stocklaufers, who have been married 15 years and have an 8-year-old son they also adopted, said they were pleased to have the second hearing, and hoped it would result in their gaining custody of the baby.

[Associated Press; By MARIA SUDEKUM FISHER]

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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