A/N: Glad and thankful for those of you who are actually enjoying this and continue to comment. Been over here scratching my head at how anybody thinks Elliot is the bad guy in this scenario and is mad about it, because that's clearly not the case. Which I've stated, you know, more than once already.
Elliot had been frustrated with Olivia lately. Not with her exactly. More like for her. On her behalf. He felt like since Lewis the hits had just kept coming for her.
First, the realization that she was headed for menopause his her hard, despite the fact that the OBGYN practically laughed them out of the room when Olivia asked if being late meant she was out of time to get pregnant or freeze her eggs.
"Oh, absolutely not," the doctor said through her chuckles. "You could be in this stage for up to another four years. That means you have time to try and to consider all your options. But I wouldn't wait too long."
Then she'd handed both of them a dictionary-sized stack of paperwork about IVF, diligently tracking cycles, and even tips for Elliot to boost his sperm count to make it easier to fertilize her eggs. This was all much more clinical than the first four pregnancies, two of which weren't even discussed in advance thanks to his "mutant super sperm" as Kathy had called it once or twice.
Olivia, ever the good student, had been reading every pamphlet, tracking everything she possibly could, and changed up her diet. And she'd been at it for almost half a year now. They'd been trying but nothing was happening. She'd been late twice since that first time and both times they were just false alarms, which upset her further.
Then right before her birthday, something she'd been dreading even more than usual this year, she had a tough case. He remembered the night she came home and told him about it like it was yesterday.
"We found him in a drawer, El," she said as she curled up next to him on the couch that night after dinner. "He was sold to people who were going to put him in child porn movies. He can't even hold his own head up. I just don't know how…"
"I know," he'd said, stroking her hair, something she finally no longer flinched at, thinking of Lewis in an act meant to comfort her, not harm her.
"I know your faith is really important to you," Olivia said. "So how can the God you believe in give someone a child who they'll just sell to monsters, but not give one to people who will love it forever?"
Elliot didn't know how to answer. Because he'd asked God that same thing many nights, even before the prospect of him and Olivia having a child together was on the table. He never understood how that adoption agency could turn her down. Why she wasn't ever able to find someone (who wasn't married with five kids of their own) to give her the baby she really wanted.
She'd been following the baby, whose name they now knew was Noah Porter, to every court case. His mother was a junkie and a prostitute, dad was a pimp who raped her and ended up having her killed. And the poor little dude had been bounced to four foster homes already. He knew she was in court today to hear what was going to happen to him again now that his mother had been murdered. With all of it happening so close to the one-year anniversary of her abduction, Elliot was worried she was eventually just going to break and fall apart. Try as she might, she wasn't Wonder Woman, even if she was pretty damn close.
When Elliot's phone rang in the middle of when Olivia was supposed to be in court, he didn't know what to expect when he picked up.
Earlier, At the Courthouse
Ed hated court. He hated testifying. He hated the metal detectors. He hated the whole damn process. He didn't expect his day to get any better until he saw Olivia getting off the elevator, and making quick strides down the hallway.
"Hi Olivia," he said as they approached one another. "I'm sure you're just as excited to be in court today as I am."
"Oh, I'm not here for regular court," Olivia said. "Just to check in on a case from a few months ago."
"Case about what?" Ed asked. They hadn't spoken much recently, both busy with their jobs.
And now that she was fully moved in with Stabler and dating him publicly, Ed knew he probably wouldn't exactly be invited to the housewarming BBQ or anything.
"A little boy I found on a raid," Olivia said. "He's been bounced to so many foster homes, I just like to check in when he has court to make sure he's being taken care of. His mother was just murdered, so he's a ward of the state again. We haven't found the father yet but we know he's a pimp and a rapist. The kid's had such a rough life and he's not even a year old yet."
Ed couldn't help but see how her eyes sparkled when she talked about the little boy. There was something about him that captivated her. Similar to how she captivated the people around her.
"So he's going back into foster care?" Ed asked.
"Permanently now," Olivia said. "Even if we find the father, he's clearly not getting custody."
"I see," Ed said, scratching his neck. "Who's on the case?"
"Judge Linden's been handling all Noah's hearings so far," Olivia said. "Trevor Langen's his advocate."
"Isn't he the one who took your case when I charged you with murder?" Ed asked.
"Yeah," Olivia said. "Must have given him a change of heart, too. He's strictly adoption and family court cases now."
Ed nodded.
"Well, I'll let you get to it," he said. "You don't wanna be late."
"It was nice to see you again, Ed," Olivia said. "Maybe we'll grab coffee sometime?"
"Sounds like a plan," Ed said.
He watched her disappear behind the courtroom door before veering away from the elevators and ducking into the judge's chambers. He found the right door and knocked loudly.
"Come in," the voice on the other side of the door said.
Ed walked in to see Judge Linden adjusting her robe and picking a stack of files off her desk.
"Make it quick, Tucker," she said. "I'm already late."
"What ruling are you going to make for this Noah, the hearing you have right now?" Ed asked.
"You know I can't discuss that with you any more than you can tell me which of your officers you have under surveillance right now," she said.
"If you plan on putting this kid in another random foster home, I'm going to call in that favor you owe me," Ed said.
"I hardly think looking the other way instead of giving me a traffic fine for double parking while I ran into 1PP to drop off some paperwork is comparable to whatever you're about to ask me to do," she said.
"Ask Sergeant Benson if she's willing to foster the kid," Ed said.
"Is she out there again?" Judge Linden asked. "She's been to every one of his hearings, just standing in the back, biting her lip and fidgeting with her nails."
"She fostered once before, a teenage boy," Ed said. "But after they found his father, the kid's grandparents filed for custody and took him away from her. She's been turned down for adoption more than once, but the adoption agencies were wrong about her not having what it takes to be a mother."
"I've never heard you talk so highly of anyone before, Tucker," Judge Linden said. "Are you screwing her or something?"
Ed swallowed, a thick lump in his throat because he was decidedly not doing that. In no small part thanks to one hot-headed asshole whose name rhymes with Shmeliot Shmabler.
"No," Ed said. "She's dating her ex-partner, Elliot Stabler. They live together. He works in private security now."
"Well I'll be damned, Liz Donnely was right," Judge Linden said. "She tried to start a bet among the judges of when they'd get together. I never bought in, but I think a few of the others did. I wonder if they know they can cash in now."
"Judge," Ed said, trying to get her back on track. "Olivia clearly cares for him."
"And you clearly care for her," she said, raising her eyebrow.
"She's had a shit year and she deserves this," Ed said. "Give her the chance to say yes."
"If I do that, it wasn't because you persuaded me," Judge Linden said. "Got it?"
"Got it," Ed said.
"Now get out of my chambers," she said. "I have some business to take care of."
Ed slipped out of her chambers and back into the hallway. The particular courtroom Noah's case was in had a balcony gallery, one of the ones they used for the real big, newsworthy trials. Ed crept up the stairs to sit up there in the back and hear what Judge Linden decided.
He heard her prattle on, ask who Langan was, call attention to Olivia's presence. Then she started her ruling.
"As the birth mother is deceased, and no other suitable relative has come forward, I officially declare Noah Porter an orphan and ward of the state of New York," she said. "He shall continue to be cared for in an A.C.S. Facility, unless… Sergeant Benson, you rescued the infant, isn't that right?"
Ed heard Olivia speak up from somewhere below him, though he couldn't see her.
"Yes, your honor," she said.
"And you're the only one who's taken a consistent interest on his behalf," Judge Linden said. "Is there any chance you might like to become a foster mother to this baby?"
Ed wished he could see Olivia's face because she had to be shocked.
"I'm sorry," Olivia said. "Excuse me, your honor?"
"I have a feeling about this Sergeant Benson," Judge Linden said. "Call it a judge's hunch. If you agree, I will order Noah Porter into your care as custodial parent for one year, at which time you will be given the option to permanently adopt him."
The room went completely silent, and Ed was sure he could hear Olivia's heart beating in her chest.
"Do you agree?" Judge Linden asked.
"I… I live with my partner, we have the room," Olivia said. "I just, I need to ask him if this is okay. Can I have a five minute recess to call him?"
"I'll do you one better," Judge Linden said. "Call him, and have him come down and you can answer me together. I remember that partner of yours. I'm sure he wouldn't want to miss this."
No, Ed thought, Stabler wouldn't want to miss this at all. And neither did he, so he stayed planted out of sight up in the gallery until it was all over.
Later at the Courthouse
Olivia didn't say why she was calling. She just told him to get his ass to the courthouse as fast as possible and gave him floor and room directions to find her.
When he got there, out of breath and actually wearing two different colored dress shoes, he saw Olivia standing in the hallway, arms crossed, biting her lip.
"Could you have been any more cryptic?" Elliot asked.
"Could you look any more like you just rolled out of bed?" she asked, pulling him towards her and straightening his tie. "Your shoes don't match."
"You said 'get your ass down here immediately,'" he said. "I wasn't exactly going for fashion."
"C'mon," she said, pulling Elliot through the doors, into the courtroom, and up to a table where Trevor Langan was entertaining an infant in a car seat, who must be Noah.
And Elliot got it immediately why Olivia had been so drawn to him. Elliot was too. The kid was giggling at Trevor playing peek-a-boo. He had an infectious little laugh and grin, and blue eyes that startled Elliot a bit, because they were so much like his own.
"Ah, Detective Stabler," Judge Linden said from the bench. "It's been a long time since I've seen you in my courtroom."
"Not Detective anymore, your honor," Elliot said. "Just staying out of trouble now that I'm off the force."
"Anyway, now that you're both here, I'm going to ask Sergeant Benson a question again and then you two can discuss her answer if you'd like," Judge Linden said. "Is there any chance you would like to become a foster mother to this baby, with the potential to adopt him in a year's time?"
Elliot felt like his heart could explode.
Holy shit. Olivia was going to get her shot at motherhood.
So why did she look like she was going to pass out?
"Go ahead, talk amongst yourselves," Judge Linden said. "I'll just wait for my answer."
"Babe," Elliot said, pulling Olivia aside and whispering to her. "You heard what the Judge said, right?"
"What if I can't do it, El," Olivia said, twirling a piece of hair around her finger. "What if those adoption agencies were right?"
"They weren't," Elliot said. "Look over my shoulder at that baby and tell me you don't already love him."
He watched Olivia look to where Trevor was still entertaining the kid, and her entire face softened.
"I'm afraid to do this alone," she whispered.
"You've got me," he said. "You're not alone."
Olivia squeezed his hand, then brushed past him to acknowledge the Judge.
"I have an answer," Olivia said. "But I also have one question first, if that's alright, your honor."
"It is," Judge Linden said. "I'd be more concerned if you didn't have questions."
"I want to foster Noah," Olivia said. "But can Elliot do it with me, and also be eligible to adopt Noah in a year?"
"You're living together, correct?" Judge Linden asked and Olivia nodded.
"Detective Stabler, are you certified to be a foster parent in the state of New York?" she asked.
"I am, your honor," Elliot said. "I filled out the necessary requirements when Olivia fostered a preteen named Calvin a few years ago. In case I would need to take on custody from her for any reason due to job hazards, or whatnot."
"Then there's no reason you two can't enter into this as a unit," Judge Linden said. "By the power vested in me by the state of New York, I issue Noah Porter into the care of Sergeant Olivia Benson and Detective… excuse me, Mr. Elliot Stabler for one year. Barring any issues, they'll have the opportunity to adopt him together at the end of this probationary period. This hearing is adjourned. And let me be the first to tell you, congratulations."
Elliot had never heard Olivia squeal before, but that's what she'd just done, like a little schoolgirl as she rushed to the table where Trevor was already getting Noah out of his carseat to transfer him into Olivia's arms.
"Hey, Judge," Elliot said. "How'd you decide to give her custody?"
"She's been to every hearing," Judge Linden said. "It's Judge's intuition. She cares a great deal about him."
"I've never heard of Judge's intuition," Elliot said.
"Ok, so it's about six-foot with gray hair and a bad attitude trying to sneak out of the upper gallery," Judge Linden said, motioning to the seats floating above the room. "I already considered doing it. The extra push just gave me the confirmation it was right."
As Judge Linden went back to her chambers, Elliot couldn't believe who was sneaking out of the balcony. He'd know that angry walk and gangly frame anywhere.
"Son of a bitch," Elliot muttered. Just another thing he'd have to thank Tucker for someday. He didn't love being constantly in this man's debt. But for Olivia, it was all worth it.
"Hey there, mister," Olivia said, walking over to Elliot with Noah in her arms. "You ready to meet your Daddy?"
The second Noah focused his big blue eyes on Elliot, he was a goner.
"Hey there, little man," Elliot said, reaching a hand out to Noah, who promptly grabbed his finger and tugged it into his mouth.
"See, you two like each other already," Olivia said.
"You look good with a baby, Liv," Elliot said. "Great in fact. A natural. This was meant to be."
"Maybe now I know why God gives babies to parents who give them away," Olivia said.
"And why is that?" Elliot asked.
"So they find their real parents, the ones who never will," she said.
Elliot pulled Olivia and Noah close and kissed them both on the top of the head.
"Let's go home," he said, leading her back to Trevor to get the car seat.
"There's no other place I'd rather be," Olivia said.