Families by Law: An Adoption Reader

Families by Law: An Adoption Reader

by Naomi R. Cahn, Joan Heifetz Hollinger

ISBN-10: 0814715893

ISBN-13: 9780814715895

Pub. Date: 02/01/2004

Publisher: New York University Press

Since the mid-19th century, American law has recognized adoption as a way to create parent-child relationships. As the product of law, rather than blood, adoptive families have become a focal point for debates about the meaning of family, the rights and responsibilities of parents, and the best interests of children.

Families by Law brings together diverse

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Since the mid-19th century, American law has recognized adoption as a way to create parent-child relationships. As the product of law, rather than blood, adoptive families have become a focal point for debates about the meaning of family, the rights and responsibilities of parents, and the best interests of children.

Families by Law brings together diverse perspectives on contemporary aspects of adoption law and practice. Following a historical overview of adoption in American law and society, the reader presents different responses to concerns about who may place children for adoption, the status of birth parents, who may adopt, and the legal and psychosocial consequences of adoption. The new frontiers of adoption are explored: from transracial and intercountry adoption, adoption by same sex couples, and the adoption of children with special needs, to the movements for opening records and maintaining post-adoption contact between adoptive and birth families. The relationship between adoption and assisted reproductive technologies is discussed, as are feminist, economic, and philosophical perspectives on adoption and procreation. The volume includes statutes and cases, advocacy organization statements, and pieces from legal scholars, social scientists, philosophers, psychologists, and sociologists in order to provide a wealth of information about the contemporary dimensions of adoption.

Families by Law provides undergraduates, as well as law, social welfare, and public policy graduate students and others interested in family relationships with a multifaceted context for understanding the complexities of contemporary family life.

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New York University Press
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7.00(w) x 10.00(h) x 1.20(d)

Table of Contents

IHistory of Adoption in the United States7
1An act to Provide for the Adoption of Children (1851)9
2Society's Children: The Care of Indigent Youngsters in New York City, 1875-190311
3Perfect Substitutes or the Real Thing?19
4Like Our Very Own: Adoption and the Changing Culture of Motherhood, 1851-195025
5Fallen Women, Problem Girls: Unmarried Mothers and the Professionalization of Social Work, 1890-194529
IICreating Adoptive Families: Legal and Psychological Requirements and Consequences33
6State and Federal Adoption Laws37
7Code of Ethics43
8Adoption as a Child Welfare Service: CWLA 2000 Standards45
9Analysis of the Proposed Uniform Adoption Act (UAA) of 199447
10Family Ties: Solving the Constitutional Dilemma of the Faultless Father52
11Proposed Uniform Adoption Act (UAA) of 199463
12Adoption Agencies and the Search for the Ideal Family, 1918-196564
13Adoption and the Parental Screening System72
14Proposed Uniform Adoption Act (UAA) of 199477
15Adoptees' Inheritance Rights78
16Is Adoption a Risk Factor for the Development of Adjustment Problems?80
17Coming to Terms with Adoption: The Construction of Identity from Adolescence into Adulthood84
18Nature and Nurture: A New Look at How Families Work85
19Nature in Adoptive Parenthood88
IIIFoster Care and Informal Adoption91
20Smith v. Organization of Foster Families for Equality and Reform (O.F.F.E.R.) (U.S. 1977)95
21In re G.C. (Pa. 1999)100
22Rodriguez v. McLoughlin (S.D.N.Y. 1999), reversed (2d Cir. N.Y. 2000)102
23In re Jasmon O. (Cal. 1994)106
24Parents' Rights vs. Children's Interests: The Case of the Foster Child108
25When Children Cannot Remain Home: Foster Family Care and Kinship Care111
26Taking Adoption Seriously: Radical Revolution or Modest Revisionism?115
27The Extended Family System in the Black Community: A Child-Centered Model for Adoption Policy119
IVAdoption and Confidentiality123
28Adoption and Change of Name: General Statutes of Minnesota (1917)125
29The Sealed Adoption Records Controversy in Historical Perspective: The Case of the Children's Home Society of Washington, 1895-1988126
30We Have a Long Way to Go: Attitudes toward Adoption134
31The Idea of Adoption: An Inquiry into the History of Adult Adoptee Access to Birth Records136
32Doe v. Sundquist (6th Cir. Tenn. 1997)142
33State Legislation and Mutual Consent Registries145
34The Basic Bastard146
35CWLA Standards: Policy Changes, 1973-2000149
36Adoption, Identity, and the Constitution: The Case for Opening Closed Records153
VAdoption with Continuing Contact: "Open Adoption"157
37Overview of Legal Status of Post-Adoption Contact Agreements159
38Perspectives on Open Adoption163
39In re Adoption of Vito (Mass. 2000)167
40Guidelines for Public Policy and State Legislation Governing Permanence for Children172
41Post-Adoption Contact: CWLA 2000 Standards174
42Increasing Options to Improve Permanency: Considerations in Drafting an Adoption with Contact Statute175
43Kinship with Strangers: Adoption and Interpretations of Kinship in American Culture177
VIThe Frontiers of Adoption185
44The What and Why of the Multiethnic Placement Act (MEPA)189
45"Are You My Mother?": Conceptualizing Children's Identity Rights in Transracial Adoptions194
46The Color of Desire: Fulfilling Adoptive Parents' Racial Preferences through Discriminatory State Action200
47Private Race Preferences in Family Formation205
48Racial Geographies208
49Does a Child Have a Right to a Certain Identity?211
50Intercountry Adoption: A Frontier without Boundaries215
51Who Are Indian Children within the Scope of the Federal Indian Child Welfare Act (ICWA)?221
52Pigs in Heaven: A Parable of Native American Adoption under the Indian Child Welfare Act228
53Second Parent Adoptions Protect Children with Two Mothers or Two Fathers235
54State Appeals Court Rulings That Deny or Approve Second Parent Adoptions by Same-Sex Couples239
55(How) Does the Sexual Orientation of Parents Matter?248
56Single Parent Adoptions252
57Re-expressing Parenthood259
58Transracial and International Adoption: Mothers, Hierarchy, Race, and Feminist Legal Theory265
59Family Issue(s)270
60"O Wind, Remind Him That I Have No Child": Infertility and Feminist Jurisprudence273
61Adoption, Biological Essentialism, and Feminist Theory280
VIIIOther Perspectives on Adoption283
62Johnson v. Calvert (Cal. 1993)287
63In re Nicholas H. (Cal. 2002)291
64Note on the Revised Uniform Parentage Act (UPA) of 2002294
65Principles of the Law of Family Dissolution297
66From Coitus to Commerce: Legal and Social Consequences of Noncoital Reproduction299
67Law Making for Baby Making: An Interpretive Approach to the Determination of Legal Parentage306
68Considerations against Donor Anonymity in Collaborative Procreation310
69The Jurisprudence of Genetics313
71The Effect of Transactions Costs on the Market for Babies324
About the Editors349

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