General Hospital: Perkie's Observations



Sam orders Heather to give her the baby.  Heather coldly tells Sam "If she (Heather) can’t have him, no one can." Shockingly, Heathers throws herself and the baby off the roof. Jason lunges to save the baby from a terrible fate. Somehow, he manages to grab the baby and save him from harm. However, Heather isn't so lucky and hits the ground below.
 


On the hospital grounds, Liz helps the paramedics stabilize Heather.  Anna warns her not to die, because they have unfinished business.  Meanwhile, Tea tries everything to get away from Todd to go on the roof.  Anna tells them not to go up there, and informs Todd separately that she knows he had a role in the switch. She sternly warns him not to leave town.  Tea continues to insist on seeing her son. 
 
Sabrina tells Patrick there’s a crazy lady on the roof with a baby.  Steve explains to everyone it’s Heather. Dante runs in to tell Steve that Heather went over the roof, and he heads out.  Liz tries to stop him, but he is determined to help his mother.  Heather is taken into the hospital where Patrick and Sabrina work on her. 
 
Jason, Sam and the baby come down from the roof.  Britt offers to check the baby for any injuries.  John wants Anna to wait until everyone is settled to get official statements. Anna wishes to speak with Steve, but Liz angrily says Heather is crazy and there is no forgiving what she’s done. Liz doesn't see any need for Steve to be involved in the madness. Steve knows Heather is a crazy kidnapper, but she’s still his mother. 
 
John tells Sam and Jason the police will need their official statements.  Sam asserts Jason did nothing wrong and saved the baby.  John acknowledges that, saying they have the security footage to back up her claims. 
 
Tea sees the baby with everyone, and recognizes Sam as the woman who lost her baby that night.  She thanks the group for saving her son.  John says they need to talk, but Tea just wants her baby.  Tea tries to grab her baby, but Jason and Sam coldly turn her down. John and Todd hold Tea back, while JaSam head off to have the baby checked out. 
 
Patrick tells Steve that Heather is alive, but has internal bleeding and a damaged vertebra.  Steve reassures Heather that Patrick will do the surgery.  Heather apologizes for betraying his trust.  Liz takes Steven away.  He blames himself, but Liz says it’s not his fault. Heather manipulated him, and he should just let it go.
 
Anna asks Heather about her association with Todd.  In turn, Heather asks about her reunion with Robin. Anna calls Heather a liar and informs her that Robin wasn’t at the clinic.  Sabrina overhears, as Heather swears she saw Robin alive.  Anna warns Heather never to say Robin’s name again, because she’s tired of the lies and manipulations.  Anna assures Heather she’s going to make sure that Heather gets assigned to somewhere worse than Ferncliff. She vows Heather will never see the light of day or Steven again.  However, Anna is willing to offer Heather a deal, if she confesses Todd helped her with the switch. 
 
Steve apologizes to Dante for what his mother did to Olivia.  He’s upset that he signed the release papers and believed she was better.  Steven wonders if it’s better for everyone if Heather doesn’t survive the surgery.  Sabrina tells Patrick she thinks Robin is alive. 
 
Britt gives the baby a clean checkup, but wants to keep him overnight to be safe.  She offers to have his medical records from Llanview brought over to the hospital.  Liz hands Sam the baby and tells her she’s happy for her, which Sam appreciates.  Sam’s not sure how to feel about getting her son back, since this means Tea will lose him. Jason tells her to keep the baby safe and love him.
 
Liz looks troubled outside the hospital and Britt offers her an ear.  Liz mentions losing Jake and thinks it's unfair that one mother is having a reunion with her child, while the other is losing hm.
 
Tea tells the guys that while she’s sorry that Sam lost her child, she can’t borrow Tea’s.  She says the last three days have been terrifying for her and wants their help in bringing the baby to her.  John warns Todd that he’ll tell Tea the truth himself if Todd doesn't man up.  Todd finally informs Tea she’s not getting the baby back, because he is not hers.  Tea says she delivered the baby, but Todd says that baby isn’t this one. 
 
Todd says he’s sorry for everything he’s ever done to her, but the baby isn’t Victor. He breaks the news that Tea’s child is dead and this baby belongs to Sam.


Comments

TV Gord's picture
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I hate the idea of Heather dying, but it almost seems as though she's being set up to be the victim of a murder mystery. Just about everyone has a motive to want her dead, and even Steve and Anna speculated on her death. It could make for a juicy mystery, but--again--I don't want to see Heather die...unless they could bring in Robin Mattson as Janet Green from AMC. (They are virtually the same character.)

J Bernard Jones's picture
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GHVETFAN wrote:

J Bernard - my point was that the authorities were just accepting that Sam was the mother without actually seeing the results. I feel like Tea's rights and feelings were being seriously ignored because the plot is rushed by Jason's departure.

I agree with this to a certain extent. But it is what it is; my understanding is that Ron Carlivati said something about not writing it this way or having to change things because of Burton's departure, yes? No?

I would have liked to see her told prior to Heather being found.

I agree with this and I think indicated as much.

I would have liked to see her reunited with her baby and have her give him back to Sam.

I would not have been opposed to this and it would have been satisfying and sweet, but from a dramatic standpoint I can also see why a lot of viewers would have been equally upset to see it play out that way given Tea's history as a tenacious (borderline obsessive) fighter. There are a ton of ways that scenario could have played out, but — as you said — a lot of the specifics in how this is playing out so far has been necessitated by Steve Burton's departure, which may (or may not) have forced the hand in the writing of a lot of these issues.

The way it played out stinks for her and her fans. I would have liked someone to stand up for her.

I am a huge Tea (and Florencia Lozano) fan, but I get why it's playing out this way and, as rough as it is on OLTL/Tea fans, the fact is that the story has to be written to service GH, which is now the primary and sole soap.

kintex wrote

Tea's name is on the child's birth certificate so legally this is still her child irrespective of DNA.

Legally, no. Tea's name is on the birth certificate of a child she gave birth to, which is not Baby Balkan. Since Tea's actual child is deceased, that is the only child to which Tea has legal standing.

They would have to go through a legal process to change that. The court orders a DNA test, its proved the baby belongs to Sam and then its given to her.

They would not be "changing" any legal status at this point (since Tea does not have any legal claim to the child), only confirming the results of previously unsanctioned (read: illegal) tests which reveal the actual truth.

This is why you have some men legally required to pay child support for their non biological children.

This is not relevant. What would be more relevant would be if this were a situation where if Baby Balkan was in some way legally (or illegally as it were) adopted by Tea (with her name being on the birth certificate), then all the pieces of the puzzle you cite would become into legal play and it would/could/should turn out to be a full custody battle (!) on the show. In fact and simply put, she was given a child which was not hers legally or otherwise.

I am not in full disagreement with folks, but there are external factors at play that many here acknowledge (Burton's departure, forcing changes/speeding up of the storyline) and internal factors that are being clouded up in the discussion (Tea really has zero legal standing in regard to custody of Baby Balkan, legality of the current DNA tests not withstanding). Plus, as of yesterday (as I am spoiler free), I don't know how this will play out with Tea given she only got the news in the last act of yesterday's episode. LOL

So, forward...

J Bernard Jones's picture
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TVGord wrote

I hate the idea of Heather dying, but it almost seems as though she's being set up to be the victim of a murder mystery. Just about everyone has a motive to want her dead, and even Steve and Anna speculated on her death.

Don't forget Dante said it twice. I was like "Oh lawd, she don' DIE!!" LOL

It could make for a juicy mystery, but--again--I don't want to see Heather die...unless they could bring in Robin Mattson as Janet Green from AMC. (They are virtually the same character.)

I thought it was great that there was a nod to that after Heather swiped Baby Balkan and talking about where to go, she said she thought Pine Valley was lovely this time of year. LOL

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Sooooo disappointed that NONE of you pointed out Sam's complete idiot lines to Tea in the hospital about "stay away" and "keep away from my baby" blah blah blah. Sam KNEW this would be hard on Tea, she SAID so in many previous scenes, but now all of sudden she wants to make Tea seem like she STOLE her baby??? C'MON!!!!!

And for those of you criticizing Florencia...girlfriend is OWNING these scenes...screaming or not, on the floor or no. She is GREAT!!!!!

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Ohhhh, and not to mention, the whole time on the roof, Sam is trying to get past Jason to get to the baby. And then, when she can get to the baby, she doesn't go racing to grab him, she stands there dumbfounded...REALLY?

Perkie's picture
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I think I need for this to play out that deep down inside, Tea knew this wasn't her child especially once he was diagnosed with a hereditary condition that neither her nor the baby's father had.

No way would I allow someone else to have my child once he was returned from the crazy lady, so having Tea allow Sam to walk off with him, even though she was fighting with John and Todd just doesn't feel right to me, in a maternal instinct sort of way. I would have been gouging people's eyes out as I ran and ripped MY child out of someone else's arms. But again, that's just me!!

I also wasn't happy with Sam's behaviour towards Tea. When Tea wasn't there, Sam was all, "oh I feel bad for her losing her child", but when confronted by Tea, Sam said something like, "stay away from him" or "don't come closer to him". While part of me wants to fanwank it that she was ticked no one had told Tea the truth yet, which would be distressing, the other part of me is angry that she didn't reach out to Tea, considering Tea still thought the baby was hers.

TV Gord's picture
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They're just heightening the drama so that when Sam and Téa do have their touching moment when Téa gets to say goodbye, it will be that much more heartwarming (or that's their reasoning, anyway, I think).

soapbaby's picture
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^^ I agree Perkie. I was displeased with Sam's treatment of Tea considering the situation. I don't blame Sam for wanting to hold on to her baby but her attitude toward Tea came off harsh, cruel even. When watching I was reminded of Sam's behavior toward Patrick after Robin just died. Sam's lack of empathy toward others' grief is rather astounding

Everyone's been horrible to Tea, compounding a horrible situation.

liason4real's picture
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FL goes full throttle no matter what story line she's in and I think it is better than staring off into space trying to remember your next line or looking bored.

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EXACTLY!!!

For those OLTL fans, remember just last year or shortly before the whole underground parking garage scenes when Eli had Dani and Tea was screaming and running, chasing after the car? GREAT STUFF!!!! Scream all you want, girl, at least no one can accuse you of phoning it in.

Yoryla's picture
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I LOVE Florencia Lozano!! Ah I so hope FV keeps her in GH and makes a juicy storyline for her where she gets to scream her lungs out!

kintex's picture
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@Jbernard. Tea has legal rights to this child. It doesn’t matter if this isn’t her biological child. Once children are born there is an official recording of the child’s birth. The parents of the child including name given by the parent is officially recorded and a certificate is given. If your name is on the birth certificate you are the legal parent irrespective of the DNA and you have legal rights and duties.
The dead child was registered as Sam’s baby and she is still the legal mother of the dead child. Imagine if a couple of weeks ago John had told Tea without Sam’s knowledge that the dead baby belonged to her and Tea wanted to exhume it. Without Sam’s consent, Tea would have no legal right to request the caretaker to exhume the body, because legally she is nothing to this child while Sam could have exhumed that body anytime without seeking anyone’s consent because she is the legal parent. There is a change in a legal status because they would have to change the child’s birth certificate and in effect strip Tea of any parental rights and duties.

My example is relevant because it is another situation where someone is a legal parent to a non-biological child they did not adopt. In both cases the parties assume that these are their biological children and they have parental rigts and duties. For these parties to get their parental rights taken away and avoid later issues of child custody or support, a process is followed by the court and so the child’s legal status changes. They get a new birth certificate and the former parents are not legally liable for this child anymore.

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kintex wrote:
@Jbernard. Tea has legal rights to this child. It doesn’t matter if this isn’t her biological child. Once children are born there is an official recording of the child’s birth. The parents of the child including name given by the parent is officially recorded and a certificate is given. If your name is on the birth certificate you are the legal parent irrespective of the DNA and you have legal rights and duties.
The dead child was registered as Sam’s baby and she is still the legal mother of the dead child. Imagine if a couple of weeks ago John had told Tea without Sam’s knowledge that the dead baby belonged to her and Tea wanted to exhume it. Without Sam’s consent, Tea would have no legal right to request the caretaker to exhume the body, because legally she is nothing to this child while Sam could have exhumed that body anytime without seeking anyone’s consent because she is the legal parent. There is a change in a legal status because they would have to change the child’s birth certificate and in effect strip Tea of any parental rights and duties.

My example is relevant because it is another situation where someone is a legal parent to a non-biological child they did not adopt. In both cases the parties assume that these are their biological children and they have parental rigts and duties. For these parties to get their parental rights taken away and avoid later issues of child custody or support, a process is followed by the court and so the child’s legal status changes. They get a new birth certificate and the former parents are not legally liable for this child anymore.

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perkie - i'm with you on tea knowing in her heart this wasn't her child. she stopped calling him by his name as soon as she saw him with sam. you could see the realization in her eyes and body language. as i told my kids, if i really thought that was my kid, i wouldn't let some skinny guy in a leather coat keep me from him! lol

conversely, i disagree with the criticisms of sam telling tea to please stay away. i believe sam said this before knowing tea was still in the dark and asking someone to tell tea what was going on. so from sam's perspective, tea already knew and still wanted the baby back.

as viewers we know tea hadn't been told the truth, but sam didn't. so being protective makes complete sense to me. i didn't think jason and sam were cold at all. they didn't yell at tea, they didn't curse at her, they asked her good friend john to explain what was going on and then they tended to the baby - exactly what tea would've done if the roles were reversed.

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kintex wrote:
@Jbernard. Tea has legal rights to this child. It doesn’t matter if this isn’t her biological child. Once children are born there is an official recording of the child’s birth. The parents of the child including name given by the parent is officially recorded and a certificate is given. If your name is on the birth certificate you are the legal parent irrespective of the DNA and you have legal rights and duties.
The dead child was registered as Sam’s baby and she is still the legal mother of the dead child. Imagine if a couple of weeks ago John had told Tea without Sam’s knowledge that the dead baby belonged to her and Tea wanted to exhume it. Without Sam’s consent, Tea would have no legal right to request the caretaker to exhume the body, because legally she is nothing to this child while Sam could have exhumed that body anytime without seeking anyone’s consent because she is the legal parent. There is a change in a legal status because they would have to change the child’s birth certificate and in effect strip Tea of any parental rights and duties.

kintex wrote:
My example is relevant because it is another situation where someone is a legal parent to a non-biological child they did not adopt. In both cases the parties assume that these are their biological children and they have parental rigts and duties. For these parties to get their parental rights taken away and avoid later issues of child custody or support, a process is followed by the court and so the child’s legal status changes. They get a new birth certificate and the former parents are not legally liable for this child anymore.

I agree with your comment. I stopped watching the show, but your comment made sense. Tea is still legally the mother of Sam's child and Sam is legally still the mother of Tea's dead child.

Perkie's picture
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Blackjack, I disagree. Tea wasn't talking or behaving as though she knew the truth and both John and Todd looked guilty. I think it was clear to Sam and Jason that she didn't know the truth, Jason even said something to John along the lines of "he should have taken care of it already".

Plus, it would have been more humanizing to allow Tea to hold the baby even if she knew the truth, to give her some closure. It's not like she was going to run off with the baby, there were tons of people standing right there.

I don't know Tea, since I didn't watch OLTL, but I feel like they're ripping this child out of her arms and letting her suffer unecessarily and it's not painting JaSam, John or Todd in a good light.

JASAMMABBY's picture
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I think Sam didn't let her hold him because she was scared she would run.. I just don't think she was mean to her- I think it was clear to her Tea didn't know and she can't take the chance she will bolt. It's hardly Sams fault that Tea's dumb friends wouldn't spit it out. Everytime McBain said tell her man or I will was making me more and more angry. I look forward to when Sam knows Tea knows and she can let her say goodbye and thank her.

I will also agree that I realized the moment that Tea realized it was true. I think it was when Todd was holding her. Her body language totally changed..

I also don't fault Sam for not letting go. If I got my baby back you would have to wrestle me to get him out of my hands. However I do think the scene could have played different if say the baby was crying for Tea or reaching out for her.

js3557's picture
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J Bernard Jones....I am a lawyer and kintex is correct. The birth certificate is a legal document that attaches to a specific child. The birth certificate in question attached to Victor because he was the child produced at the hospital as Tea's child. The doctor on duty filled it out and Tea signed it (normal procedure). So that certificate goes with Victor, not the dead child. The court has to legally amend the child's birth certificate after a court ordered DNA test.

I heard that on yesterday's show Liz said to Sam that she assumed Sam wanted her to write up a new birth certificate. That is also legally inaccurate. The new birth certificate would be drawn up by the clerk's office at the city hall upon receipt of a written court order. The hospital isn't allowed to amend birth certificates once they are filed with city/town.

sassysdreams's picture
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Baby Danny was KIDNAPPED!!! Something many of you seem to have forgotten!!! WE know the true circumstances of that kidnapping but the people of Port Charles do not yet know ALL the facts!!! Tea was still grieving the recent death of her husband and his baby was her lifeline. There is no proof YET that she wasn't an integral part of switching her dead baby with Sam's live baby as a way to hold on to something living. There have been several cases in the news recently of pregnant women who have miscarried or delivered stillborn children, kidnapping another baby and even killing the mother to do it, so that could have also been a possibility in this case.

Tea is an intelligent woman but she was desperate to hang on to Victor's child. The baby had a genetic disease that no one on her side of the family or her husband's side of the family had nor did any of their children have. And he didn't have the genetic disease that she carries and had been warned might be passed down to her son. I truly believe she was so desperate to have Victor's child that she didn't listen to what her instincts were telling her, that this baby was not her son.

Until ALL the facts are known Tea would also be considered a kidnapper and neither the police nor the courts would allow her to take that child home with her while a protracted court battle ensues. She would be lucky not to be arrested right along with Todd!

A birth certificate issued during the commission of a crime, and yes KIDNAPPING is a crime, is not considered to be a legal document and would not prevent the child from being returned to its parents. Illegal or not, there was a DNA test performed and it proved that the baby was Sam's and not Tea's. The PCPD has returned a KIDNAPPED child to its biological mother and just because you hate Sam doesn't change the FACTS of what happened!!!

That John McBain and Todd Manning allowed Tea to continue to suffer in agony for hours (not days) is reprehensible and hopefully Todd will be duly punished for his actions!

But that is NOT Sam's fault!!! Sam suffered in agony for weeks and months thinking her baby had died and that she had somehow done something to cause it. So I don't blame her for even a second that she didn't want a hysterical woman and possible kidnapper grabbing her son out of her arms for a second time, whether Tea had been told the truth or not! The woman was highly emotional and Sam had no way to know what she would do with Danny if she got her hands on him, especially after having just dealt with another hysterical woman on the roof of that hospital!!

After all, she had just had her KIDNAPPED son returned to her after FOUR MONTHS MISSING!!!!! Feeling protective and not wanting to let him out of her arms was not only natural but the most loving thing she could have done at that moment!!! It wasn't up to Sam to protect the feelings of the woman who had kept her son away from her for all this time!!! Tea's friends should have done that and because they failed to do it doesn't make it Sam's fault!!!

Once Tea has been told the truth and calmed down, I am sure that Sam will be gracious and generous and allow Tea to say a proper goodbye to Danny. I am also sure she will thank her for caring for him so well these past four months. These two women were BOTH victims and I don't fault either one of them for reacting in the way that they did!!

js3557's picture
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sassy - my legal argument has absolutely nothing to do with my dislike of Sam. The law is the law, no matter which fictional character you vehemently support on a soap opera. Tea would not have been considered a kidnapper because there is no evidence supporting that theory. In fact, it hasn't even been proven legally that Victor is Sam's child and that he was switched with Tea's dead child. It is all conjecture and hearsay at this point. What would happen in real life is that the baby would be returned to Tea and a Department of Family Services worker would be assigned. Sam would have to file for custody and change of the birth certificate in probate court. Then a judge would order a dna test. After the dna test showed that the baby was biologically Sam's the birth certificate would be amended, but custody would still have to be determined. Tea would still have a claim, albeit a weak one, so there would be a hearing to determine custody. This would all take, at a minimum, months. And I am not saying that your opinion about some character or scene is wrong. I am saying that you are wrong about this legal issue.
This is nothing like a case in which a deranged woman slices open a pregnant woman's stomach and steals her baby. In such a scenario, the police would know immediately that a kidnapping had taken place and that the woman with the baby had done the kidnapping. Even then, a dna test would have to be done to confirm that it is the right baby before placing the child into the custody of the bio-family.

I speak from a legal background on this issue, not from my point of view as a soap viewer. I am not saying that Sam shouldn't get her baby back, I'm just saying that the show f'd up the legalities and procedure of it all. No shock there, though. So save your caps and bold, which is screaming at someone online - FYI, for a time when you are actually correct.

JASAMMABBY's picture
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At the end of the day though Tea realized the child isn't hers and more than likely won't try to fight for a child that isn't hers..

liason4real's picture
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RC used to be a lawyer before moving over to write soap operas.

liason4real's picture
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Tea is dealing with losing another piece of Victor Jr. and could just as easily change her mind and sue for sole custody of baby Victor.

JASAMMABBY's picture
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First saying she could sue for custody only says to me Sam is right to hold on tight to her baby. Secondly Sams baby isn't a part of Victor. Tea lost her baby a long time ago and she should be pissed at Todd for never giving her the chance to see his face or know what he looks like. Tea and Sam are the victims. Sam's baby was kidnapped- just cause Tea ended up with him doesn't give her any right to him..

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I found it rather odd that Liz and that new doctor-lady had their friendly conversation right where Heather had just fallen. One would expect such an area to be roped off with crime scene tape, swarming with investigators. Instead, Liz just glances at the flower bed, picks up some piece of potential evidence and tosses it aside, then sits down to chit-chat with new doctor-lady, when Heather had been lying face down in the flowers only half an hour so so before (dirt nap, indeed).

This way RC has of dragging out a reveal is excrutiating. Tea demanding the truth for the whole hour got ridiculous after a while.

sassysdreams's picture
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js3557 - I'm sure you won't be surprised when I say that I disagree with your legal "opinion". As I don't know you in real life, I only have your word that you're a practicing attorney. As a rule I don't tend to believe what online posters on any web site say about themselves without any proof whatsoever, so you'll have to excuse me if I don't automatically accept everything you're saying about the law to be factual or correct. And when I intentionally use all caps or bold I know exactly what I am doing and what it means but thank you for recognizing that. Smile

J Bernard Jones's picture
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Kintex wrote

@Jbernard. Tea has legal rights to this child. It doesn’t matter if this isn’t her biological child. Once children are born there is an official recording of the child’s birth. The parents of the child including name given by the parent is officially recorded and a certificate is given. If your name is on the birth certificate you are the legal parent irrespective of the DNA and you have legal rights and duties....he dead child was registered as Sam’s baby and she is still the legal mother of the dead child. Imagine if a couple of weeks ago John had told Tea without Sam’s knowledge that the dead baby belonged to her and Tea wanted to exhume it. Without Sam’s consent, Tea would have no legal right to request the caretaker to exhume the body, because legally she is nothing to this child while Sam could have exhumed that body anytime without seeking anyone’s consent because she is the legal parent. There is a change in a legal status because they would have to change the child’s birth certificate and in effect strip Tea of any parental rights and duties....My example is relevant because it is another situation where someone is a legal parent to a non-biological child they did not adopt. In both cases the parties assume that these are their biological children and they have parental rigts and duties. For these parties to get their parental rights taken away and avoid later issues of child custody or support, a process is followed by the court and so the child’s legal status changes. They get a new birth certificate and the former parents are not legally liable for this child anymore.

js3557 wrote

J Bernard Jones....I am a lawyer and kintex is correct. The birth certificate is a legal document that attaches to a specific child. The birth certificate in question attached to Victor because he was the child produced at the hospital as Tea's child. The doctor on duty filled it out and Tea signed it (normal procedure). So that certificate goes with Victor, not the dead child. The court has to legally amend the child's birth certificate after a court ordered DNA test.

(DISCLAIMER: I have not seen today's episode and have no idea if this issue was brought up in today's show. I won't be able to watch it until 11:30PM, and my response is based solely on the arguments put forth in this thread so far re: Tea's rights...)

Actually, you are both wrong. Sorry, but that's the way it is. I'm no lawyer (as I nod respectfully to js3557), but I'm a pretty decent researcher when I put my mind to it and — because I was absolutely curious about this issue — I asked my own attorney about it this afternoon (she being a former GH fan herself and after we'd concluded some other business). I also called my own adoption attorney, to pose the question to him (he not being a GH fan to my knowledge...LOL). I did not tell either attorney the basis upon which I argued the issue here but I did include questions about the status of the birth certificate confers upon the parent entrusted with the child's care, wittingly or unwittingly. Both of these attorneys answers were the exactly same, and corroborated what I was able to look up in several real life "switched at birth" cases:

Tea has zero legal rights to Baby Balkan aka Danny.
None. Nada. Zip.

Any court in the country would immediately award/transfer of the child to Sam, regardless of how long Tea had or raised Danny as Victor.

Your birth certificate argument is not a bad argument on its surface but it is legally unsound and incorrect in being used as a foundation to confer any rights of parenthood to Tea. The argument is based on a "possession is 9/10ths of the law" theory that does not and would not apply here. It is true there was a de facto assumption that Tea was Danny's mother at the time of birth and therefore was the putative parent. However, once the facts were/are determined to be valid (switched babies), the biological parent/s would be granted immediate custody of the child barring any objections to the fitness of the biological parent/s ability to care for the child.

The argument that the birth certificate is "a legal document that attaches to a specific child" is technically true, but — again and barring any outright fraud by one of the parents in question — it is foundational on the assumption by the people with possession of the child/children in question is/are biologically (or via adoption) theirs to begin with.

Again — once the mistake (by GH for not catching the discrepancy) and/or fraud by third parties (Heather & Todd, including possibly Johnny as someone with full knowledge of the events and thus making him an accessory) is discovered then all legal rights and guardianship automatically revert from the putative parent (Tea) to the biological parent/s (here being Sam, who as far as anyone outside of Heather knows is the only surviving parent).

In arguing around these issues, here are in essence what's at question:

Would Tea have ANY custodial rights to Danny at this point?
No. Maybe Sam wouldn't either in in real life, but Tea certainly does not.

Does Tea have ANY grounds to challenge said custody of Danny and/or previous DNA tests?
Yes — but (in a nod to JS3557) a court would have DNA tests run to confirm maternity. However, the court would only have to determine the maternity of Danny vis a vis Tea & Sam, not Tea's dead child Victor,which is a separate matter altogether. (I know, I know: deceased Victor was the child switched with Danny, wouldn't his maternity come into question to? The short answer: not really, since the welfare of Danny as the living child would be paramount in the court's purview.)

So, if Tea has the right to challenge, wouldn't Tea be granted at least temporary custody and/or would Victor, Jr. be placed in child protective services?
Not necessarily. If there was a question regarding maternity, neither Sam nor Tea likely would have Danny during such a period in real life, so Tea would not have the right to have not-Victor during this process. Nonetheless, since the maternity is/would be eventually established that Baby Balkan is biologically Sam's, Tea's loses automatically regardless of the circumstances of how the switch took place.

Are the DNA tests that John/Jason conducted legal?
No, and the characters have referenced this several times. However, tests have been done and have at the bare minimum opened up the question of Tea's rights to the kid no matter the identity of the parents, Thus, any court ordered DNA tests would only confirm that Tea is not Danny's biological mother. Again, Tea loses.

Who is at fault or liable?
Ah, the elephant in the room and the basis of all this "the birth certificate establishes parental Tea's rights" stuff.

There are (as pointed out earlier) two people responsible for the actual switch (Heather & Todd) and one accessory after the fact (Johnny).

The hospital could be open to a civil suit for not catching the discrepancies in the medical records. But, as js3557 said, "The birth certificate in question attached to Victor [actually Danny] because he was the child produced at the hospital as Tea's child. The doctor on duty filled it out and Tea signed it (normal procedure). So that certificate goes with Victor, not the dead child."

And this is where the argument falls apart legally: Tea's assumptive rights as the putative parent to Danny/Victor go out the window (or off the roof, as it were) the moment Tea gains knowledge that a baby switch may have occurred and/or the biological parent/s learn the same information.

This is further underscored (and the argument undermined) by the age of the child in question: the younger the child, the less likely permanent bonds have been forged with the putative mother and therefore full parental rights and custody are almost automatically guaranteed to be awarded to the biological parent.

Challenges may occur, but once biological maternity is established, the biological parent gets the kid unless the parents or custodial guardians work out any other agreement, especially as it pertains to older children. And Baby Balkan is approximately 6 months old.

So, back to the the central question: does Tea have any legal rights to Danny?
No.

Otherwise you both are arguing that a "de facto adoption" happened regardless of the fraud (a baby switch) and hospital mistakes (not simply the signing off on a birth certificate but also not catching the medical discrepancies in Danny's/not-Victor's charts or the blood types of the parents) took place that in some alternate universe supercedes the rights of the biological parent/s.

Is that really the argument you want to make?

GHFan777's picture
Member since:
3 June 2010
Last activity:
29 min 39 sec

Hmmm did your attorney's state any specific court cases to back up what they told you JBernard? I am not an attorney, nor have I ever studied the law, but personally I think what js has stated makes the most sense to me.

Everything at this point is conjecture. Nothing has been done to verify that Sam is the mother of Daniel/Victor. We the viewing audience know that she is, but the DNA test that has already been completed, was illegally obtained. Tea did not give consent, nor did Sam give consent for the test performed on the deceased infant. Custody of infants is not decided on emotion and conjecture in these type of cases, but rather on tests where samples are legally obtained and processed by independent labs under supervision. This is a soap and they are constantly taking license and liberties to tell stories...but this would never have played out like this in real life.

GHvetfan's picture
Member since:
26 October 2009
Last activity:
1 day 2 hours

I believe I asked the original question about the legalities of Tea not having any rights. I am buying JS's legal opinion. It makes the most sense. It also has nothing to do with my feelings for Sam or Tea. The birth certificate belongs with the child whose foot prints were taken and labeled as Victor Jr. That is the baby that would have been lojacked as Tea's child by the hospital. Tea may not be biologically the mother or morally in the right. She is the parent of record. She would be the one to approve medical tests ans procedures. I originally asked about child services. I would expect that the hospital should hace called them and a really good lawyer to ensure they covered their asses asap going forward and for a mistake they didn't really make. Sam came in with a dead baby and she and Jason said it was hers. Tea and Todd did the same.

I would have liked 5 minutes with Monica and Diane acting as hospital counsel just to acknowledge that Jason and John may have conducted a test but they should do another. Allow both mothers to visit the child before giving them the test results together. They can take a week to do that and kill Jason the next day.

I didn't need a single cap there to express myself.

JASAMMABBY's picture
Member since:
5 April 2011
Last activity:
5 weeks 3 days

I am not a lawyer at all- nor have I ever been involved in a custody battle. However I am fairly certain custody laws change state by state. So even if you think you may know this it could only be in your state.

For me I am satisfied as it is playing out. Most of our spec is based on what Tea would or should do.. Obviously she realizes it isn't her child. Also I don't really need to see legal stuff play out on my screen. I just want to see a sweet goodbye with Tea and a thank you from Sam.