Adoption Issue

Then

Now

Adoption Viewed as an Event           

Adoption was seen as a single event that occurred at a point in time.

Adoption is seen as a lifelong process. Adoption is viewed as impacting the lives of birth parents, adoptive parents, the adoptee and future generations of all of the above.

Adoption as a Legal Process

Prior to the 1850s adoption was usually an informal process. Children were viewed as property and formal or legal adoptions were considered unnecessary.

Adoption is viewed as a legal process regulated by state and federal laws. Statutes vary from state to state.

Informed Consent

Birth mothers were often coerced into placing a child with someone else due to financial situations and/or other social factors. Birth fathers were not required to consent to an adoption.

More help is available to prepare and support birth mothers throughout the process. Birth fathers are required to consent to adoption or have rights terminated. Court oversight is required to ensure that birth parent decisions are informed and voluntary.

Full Disclosure

Agencies kept vital information about the child’s history from adopting parents. Many wrongful adoption suits were filed against agencies.

Most states now specify what non-identifying information (medical psycho-social) must be shared with adopting parents. Most agencies provide full disclosure of required information. Agencies require adopting parents to sign an acknowledgement of receipt of the required information and, in some cases, a waiver absolving the agency of liability for information received after the adoption.

Coercion

Birth parents were often coerced into placing a child with someone else due to financial situations or social factors.

Most states have laws regarding what expenses can be paid.  There are also laws prohibiting a person from placing her/his child if there was force, duress, or coercion.

Physical Matching and Adopting Family Preferences

Primary concern was given to matching physical attributes of the child with those of the adoptive parents. Adoptions of unmatched children were delayed.

Families adopt children from a variety of racial and ethnic backgrounds. Emphasis is on meeting the needs and best interests of the child.

Adoption Issue

Then

Now

Types of Adoption

Adoptions were primarily for healthy white infants. All formal adoptions were legally sealed “closed.” Usually done by licensed adoption agencies and/or courts.

Adoptions can be open or closed. Adoptions can be agency facilitated or facilitated by an attorney.

Secrecy and Confidentiality

Secrecy, anonymity and sealing adoption records were the rule.  Infertile couples often feigned a pregnancy when adopting a baby. Individuals were often not told they were adopted.

At minimum, adopters and adoptees receive non-identifying information including medical histories of the birth parents.  In direct consent placements, birth parents must select the adoptive parents. It is possible to have an open adoption, where a birth parent(s) maintains an ongoing relationship with the adoptive family and child. Adoption practice supports adopters to tell the adopted child that he/she is adopted.

Search and Reunion

Adoption records were closed “forever.” Birth parents who released their children and adoptees were discouraged from any future contact. Birth parents and adoptive parents were promised that they did not have to “worry” about any future contact.

Many birth parents and adoptees look for and are reunited with each other. Most states have laws/legal procedures for facilitating this process.   In most states birth parents have no legal rights to contact with the child after placement.  In open adoption contact is continued due to the trusting relationship all parties have developed.  In some states, however, an open adoption agreement is developed.

Adoptable Children

For the most part, formal adoptions dealt with healthy white infants. Unhealthy or potentially unhealthy infants or children of color were not offered for adoption.

Children adopted now include:

Infants of all races, ethnic origins and disabilities.  Older children who have experienced life in the child welfare system and/or have other special needs. Children from other countries in need of adoption.

Who Can Adopt

Middle class, two parent, childless white couples.

Families of all races, ethnicities, and religions adopt. People of all ages who are married or single may adopt, including those with children.  Most children in the child welfare system are adopted by foster parents or relatives. Stepparents who adopt their stepchildren make up another significant number of adoptions.

Adoption Issue

Then

Now

Supply and Demand

Prior to the 1960s supply of healthy white infants was high enough to meet the demand of infertile couples wanting to adopt.

With the change in social mores occurring in the 1960s and early 1970s, more unmarried birth mothers decided to retain custody of their babies.  More women entering the work force delayed having children. This contributed to a rise in infertility rates and in couples seeking adoption as a way to build a family.  As the demand for children increased, the supply of healthy white infants decreased.  More couples seek inter-country adoption as an alternative to domestic infant adoption.         

Fees Paid by Adoptive Parents

Little or no regulation of this practice.

In most states, there are laws which regulate the fees paid to birth parents, adoption agencies and or adoption attorney.