Board Thread:Character Discussion/@comment-1773585-20141111210845/@comment-15736398-20141116185445

Hmcooper4 wrote:

As for the Swan family, my guess is that the family was still in the "Trial" period when Mrs. Swan became pregnant (I think we can at least safely assume a Mrs. Swan, and given the time period that Emma would have been adopted, we can also assume a Mr. Swan). The family decided that, since they could have children of their own, they would give Emma back to see if some other family would be a fit that was unable to have a child.

Having known several families where the adoption was completed and years later the mother became pregnant, the children at that point are not given back. In fact, I don't think that is even an option at that point. Actually, it is. An adoption can be legally dissolved for any number of reasons.

Regarding the Swan family themselves and Emma's time with them, she would not have the surname of "Swan" - legally, at least - unless they had formally adopted her, as foster children do not legally take on the surnames of the families that care for them. Emma did not have a legal surname at the time she was entered into the foster care system, and therefore would likely have been listed on foster care records as "Emma Doe" (with the 'Emma' part of her name replacing the 'Jane' part of that generic designator), and, if the Swans had not formally adopted her, that is the name by which we - as an audience - would know her.