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Perfect Substitutes Or the Real Thing?
CAHN.DOC 10/10/03 9:37 AM Duke Law Journal VOLUME 52 APRIL 2003 NUMBER 6 PERFECT SUBSTITUTES OR THE REAL THING? NAOMI CAHN† ABSTRACT This Article traces the development of adoption law using recent scholarship in history and sociology, as well as nineteenth century le- gal sources. The early history of American adoption provides a novel and useful context to analyze the complicated relationships between “traditional” and “alternative” family forms. The Article discusses how judicial interpretations of the meaning of adoption were cabined by the traditional significance of blood relationships, and examines the treatment of adopted and biological children in three contexts: pa- rental consent to adoption, inheritance, and the civil and criminal laws governing incest. The Article argues that the challenge today, as was true more than a century ago, is how to expand the meaning of family without destabilizing families. Copyright © 2003 by Naomi Cahn. † Professor of Law, George Washington University Law School. Many thanks to Anita Al- len-Castellito, Brian Bix, Wayne Carp, Richard Chused, Brad Clark, Tony Gambino, Jill Elaine Hasday, Joan Heifetz Hollinger, Carolyn Lawes, Chip Lupu, Dorothy Roberts, Catherine Ross, Elizabeth Samuels, Sonia Suter, and Robert Tuttle, to participants at a GW Faculty Workshop, and to the organizers of the 2002 American Historical Association panel on Sentimental Families. Thanks to GW for its financial support, to Mary Dini, for superb administrative expertise, and to Chelsea Grimmius, Melissa Loewenstern, Todd Melnick, Trisha Smith, and Michelle Wu for re- search assistance. Finally, as scholarship is a collaborative effort, a special note of thanks to the edi- tors of the Duke Law Journal for overcoming the difficulties of transcontinental editing. -
Where Do Black Children Belong, the Politics of Race Matching in Adoption
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 139 MAY 1991 No. 5 ARTICLES WHERE DO BLACK CHILDREN BELONG? THE POLITICS OF RACE MATCHING IN ADOPTION ELIZABETH BARTHOLETt TABLE OF CONTENTS I. EARLY FRAGMENTS FROM ONE TRANSRACIAL ADOPTION STORY ............................. 1164 t Professor of Law, Harvard Law School. I am grateful to the many family members, friends, and colleagues who gave generously of their time reading and commenting on previous drafts. Special thanks go to: Anita Allen, Laura Armand, Robert Bennett, David Chambers, Nancy Dowd, Derek DuBois, Gerald Frug, MaryJoe FrugJoan Hollinger, Michael Meltsner, Frank Michelman, Martha Minow, Robert Mnookin, Alan Stone, Deborah Stone, Gerald Torres, Harriet Trop, and Ciba Vaughan. I am also indebted to those professionals and scholars in the adoption field whose names are listed infra note 50, who helped illuminate for me the nature of current racial matching policies and their impact on children. An abbreviated version of this Article will appear in a chapter of a forthcoming book by the author on adoption, reproductive technology, and surrogacy, with the working title of ChildrenBy Choice, to be published by Houghton Mifflin. (1163) 1164 UNIVERSITY OFPENNSYLVANIA LAW REVIEW [Vol. 139:1163 II. THE HISTORY ............................... 1174 III. CURRENT RACIAL MATCHING POLICIES ............. 1183 A. A Picture of the Matching Process at Work .......... 1186 B. The Proverbial Tip of the Iceberg-Of Written Rules and Documented Cases ....................... 1189 1. Laws, Regulations, and Policy Guidelines Mandating Consideration of Race in the Placement Decision ..................... 1189 2. Cases Documenting the Removal of Black Children from White Foster Families to Prevent Transracial Adoption ............. -
Transracial Adoption and Gentrification: an Essay on Race, Power, Family, and Community Twila L
Boston College Third World Law Journal Volume 26 Issue 1 Black Children and Their Families in the 21st Article 4 Century: Surviving the American Nightmare or Living the American Dream? 1-1-2006 Transracial Adoption and Gentrification: An Essay on Race, Power, Family, and Community Twila L. Perry [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/twlj Part of the Civil Rights and Discrimination Commons, Family Law Commons, and the Land Use Planning Commons Recommended Citation Twila L. Perry, Transracial Adoption and Gentrification: An Essay on Race, Power, Family, and Community, 26 B.C. Third World L.J. 25 (2006), http://lawdigitalcommons.bc.edu/twlj/vol26/ iss1/4 This Symposium Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Third World Law Journal by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. TRANSRACIAL ADOPTION AND GENTRIFICATION: AN ESSAY ON RACE, POWER, FAMILY AND COMMUNITY Twila L. Perry* Abstract: In this article, Professor Perry ªnds common ground between the two seemingly disparate contexts of transracial adoption and gentriª- cation. Professor Perry argues that both transracial adoption and gen- triªcation represent contexts in which, in the future, there may be increasing competition for limited resources. In the former case, the limited resource is the healthy Black newborn. In the later, it is desirable, affordable housing in the centers of our cities. After explaining how a competition between Blacks and whites over Black newborns could arise, Professor Perry argues that in any such competition, Blacks will increas- ingly ªnd themselves at a disadvantage stemming from the consequences of institutionalized racism. -
Trans-Racial Foster Care and Adoption: Issues and Realities (Pdf)
2013 massachusetts family impact seminar Trans-Racial Foster Care and Adoption: Issues and Realities by fern Johnson, ph.D., with the assistance of stacie Mickelson and Mariana lopez Davila Trans-racial adoption (TRA), the adoption of children of one race by parents of another, has grown rapidly since the middle of the 20th century, but this adoption option remains controversial [1]. In the state system through which children move from foster care to adoption, there are more white parents who want to adopt than there are white children waiting for homes, and children of color are less likely than white children to be placed in a permanent home. Legislative efforts to amend these discrepancies by promoting TRA have not significantly improved placement statistics. This report describes the positions of advocates on both sides of the TRA debate and explores methods for increasing the number of permanent placements of children into loving stable homes. DeMograpHiC anD proCESS perspeCtiVes on FOSTER Care anD aDoption who are the children waiting for homes and families? massachusetts court data for 2008 indicate that 2,272 children were adopted in the state, with approximately one-third (712) of these adoptions occurring through the public agency system [2]. in fy 2011, the number of public agency adoptions in the state was 724 [3]. in 2011, more than 7,000 children under the age of 18 were in the adoption placement system in massachusetts; 5,700 were in foster care and the rest in other arrangements, including group homes [4]. adoption was a goal for 32% (2,368) of these children. -
The Multiethnic Placement Act Minorities in Foster Care and Adoption
U.S. COMMISSION ON CIVIL RIGHTS The Multiethnic Placement Act Minorities in Foster Care and Adoption BRIEFING REPORT U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Visit us on the Web: www.usccr.gov J U LY 2 0 1 0 U . S . Commission on Civil Rights ME M BE rs OF thE Commission The U.S. Commission on Civil Rights is an independent, Gerald A. Reynolds, Chairman bipartisan agency established by Congress in 1957. It is Abigail Thernstrom, Vice Chair directed to: Todd Gaziano • Investigate complaints alleging that citizens are being Gail Heriot deprived of their right to vote by reason of their race, color, Peter N. Kirsanow religion, sex, age, disability, or national origin, or by reason Arlan D. Melendez of fraudulent practices. Ashley L. Taylor, Jr. • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Michael Yaki because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. Martin Dannenfelser, Staff Director • Appraise federal laws and policies with respect to discrimination or denial of equal protection of the laws U.S. Commission on Civil Rights because of race, color, religion, sex, age, disability, or 624 Ninth Street, NW national origin, or in the administration of justice. Washington, DC 20425 • Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws (202) 376-8128 voice because of race, color, religion, sex, age, disability, or (202) 376-8116 TTY national origin. www.usccr.gov • Submit reports, findings, and recommendations to the President and Congress. -
Openness in International Adoption
Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 3-2015 Openness in International Adoption Malinda L. Seymore Texas A&M University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Family Law Commons, and the International Law Commons Recommended Citation Malinda L. Seymore, Openness in International Adoption, 46 Colum. Hum. Rts. L. Rev. 163 (2015). Available at: https://scholarship.law.tamu.edu/facscholar/707 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. OPENNESS IN INTERNATIONAL ADOPTION Malinda L. Seymore* ABSTRACT After a long history of secrecy in domestic adoption in the United States, there is a robust trend toward openness. That is, however, not the case with internationaladoption. The recent growth in international adoption has been spurred, at least in part, by the desire of adoptive parents to return to closed, confidential adoptions where the identity of the birth mother is secret and there is no ongoing contact with her. There is, however, an emergent interest in increased openness in internationaladoption, spurred by the success of domestic open adoptions, health concerns when an adoptee's genetic history is important, psychological issues relating to identity in adoptees, and concern that the international adoption might have been corrupt. International adoptive families who were once happy to avoid birth parent involvement have begun to seek them out. -
Is There Room in Your Heart and Your Home for a Waiting Child?
Easy toLove Is there room in your heart and your home for a waiting child? Many of our waiting children have minor or correctible medical conditions, are older or in sibling groups, and they need loving, adoptive families. See children who need families today by visiting the Waiting Child section of the Holt International website www.holtinternational.org/waitingchild/photolisting finding families for children Dear Readers Christina* greeted me a few years ago at the home of her foster family in Romania. She was 12 years old, with dark eyes, and dark hair pulled back into a SUMMER 2006 VOL. 48 NO. 3 HOLT INTERNATIONAL CHILDREN’S SERVICES ponytail that framed her pretty face. I was surprised by how normal and healthy P.O. Box 2880 (1195 City View) Eugene, OR 97402 she looked. Ph: 541/687.2202 Fax: 541/683.6175 OUR MISSION I expected her to look, well… sick. After all, Christina was HIV-positive. Instead I Holt International is dedicated to carrying out God’s plan for every child to have a permanent, loving family. found a girl on the cusp of adolescence who wore the unadorned, fresh beauty of In 1955 Harry and Bertha Holt responded to the conviction that youth. God had called them to help children left homeless by the Korean War. Though it took an act of the U.S. Congress, the Holts adopt- “So this is the face of AIDS,” I marveled. ed eight of those children. But they were moved by the desperate plight of other orphaned children in Korea and other countries In this issue of Holt International magazine, we feature a look at the range of as well, so they founded Holt International Children’s Services in order to unite homeless children with families who would love work Holt is doing around the world for children affected by HIV/AIDS. -
Discouraging Racial Preferences in Adoptions
Discouraging Racial Preferences in Adoptions Solangel Maldonado* More than 20,000 white Americans go abroad each year to adopt children from other countries, the majority of whom are not white. At the same time, there are more African American children available for adoption than there are African American families seeking to adopt them. While Americans claim there are few healthy infants available for adoption in the United States, hundreds of African American newborns each year are placed with white families in Canada and other countries. Tracing the history of transracial adoption in the United States, this Article argues that one reason why Americans go abroad to adopt is race. The racial hierarchy in the adoption market places white children at the top, African American children at the bottom, and children of other races in between, thereby rendering Asian or Latin American children more desirable to adoptive parents than African American children. Drawing on the rich literature on cognitive bias, this Article debunks the myths about domestic and international adoptions and shows that racial preferences, even if unconscious, play a role in many Americans’ decisions to adopt internationally. This Article proposes that the law discourage adoptions based on racial preferences by requiring that Americans seeking to adopt internationally, while there are available children in the United States who meet their non-race-based criteria, show non-race-based reasons for going abroad. * Associate Professor, Seton Hall University School of Law. J.D. 1996, Columbia Law School. I am grateful to Michelle Adams, Mark Alexander, Ruby Andrew, Carlos Bellido, Carl Coleman, Kevin Kelly, Jason Gardner, Timothy Glynn, Tristin Green, Rachel Godsil, Charlie Sullivan, the participants in the 12th International Society of Family Law Conference in Salt Lake City, the participants in the Second National POC in Washington, D.C., and the participants in the LatCrit X Conference in San Juan, Puerto Rico, for their helpful comments. -
Adoption Law in the United States: a Pathfinder
Child and Family Law Journal Volume 2 | Issue 1 Article 2 2014 Adoption Law In The nitU ed States: A PathFinder Glen-Peter Ahlers Sr. Follow this and additional works at: https://lawpublications.barry.edu/cflj Part of the Family Law Commons Recommended Citation Ahlers, Glen-Peter Sr. (2014) "Adoption Law In The nitU ed States: A PathFinder," Child and Family Law Journal: Vol. 2 : Iss. 1 , Article 2. Available at: https://lawpublications.barry.edu/cflj/vol2/iss1/2 This Article is brought to you for free and open access by Digital Commons @ Barry Law. It has been accepted for inclusion in Child and Family Law Journal by an authorized editor of Digital Commons @ Barry Law. ADOPTION LAW IN THE UNITED STATES: A PATHFINDER Glen-Peter Ahlers, Sr.* A pathfinder is a research tool that points the way to information resources on a given topic by exploring research paths to the information.1 They identify appropriate information resources and search strategies and selectively provide and discuss guideposts along the research path.2 Typical guideposts on law-related issues include significant legislation, model statutes, court opinions, regulations, journals, books, web pages, associations, and human experts. Before beginning our research journey, we must be clear on the parameters and scope of our topic, adoption law. What is adoption law? According to Black’s Law Dictionary, adoption is the “statutory process of terminating a child’s legal rights and duties toward the natural parents and substituting similar rights and duties toward adoptive parents.”3 While most adoptions involve children, Article five of the Uniform Adoption Act4 and many states allow adults to be adopted as well.5 According to the U.S. -
The Adopted Child's Experience in Schools and Methods to Improve
The Adopted Child’s Experience in Schools and Methods to Improve it. Elementary Education Honor’s Thesis Emory Manguilli Wheaton College ‘17 Table of Contents Introduction………...………………………………………………………3 Literature review……..…………………………………………………….6 Interviews Analysis………………………………….…………………....16 Development of Children’s book………………………….………….….21 Development of Unit Plan……………..………………………………….29 Conclusion……………………………………….....………………...……35 Works Cited………………………………………………,,,……………..39 Appendices……………………………………...…………………………43 A. Interview Protocol……………………………………………...43 B. Interview Data………………………………………………….48 C. Children’s Book………………………………………………..62 D. Unit of Study………………….………………………………..75 2 INTRODUCTION I started my junior year at Wheaton College with an idea that I had developed the previous summer. My work with Touched By Adoption, an organization based in Connecticut that aims to “strengthen the wellbeing of families formed through adoption,” inspired this idea. The plan was to write a children’s book about adopted kids, which would incorporate different types of families and to include some type of “curriculum” with it. This curriculum and book would then be published and distributed to classrooms across the United States to give students with a non-heteronormative biological (non- traditional) living situation a sense of inclusion and acceptance. The book and curriculum would serve as a resource for teachers, who, while required to be educated in numerous areas such as special education and teaching English Language Learners (ELLs,) are not necessarily required to learn anything about the development of children from non-traditional families. As an education major, I decided to address this obvious gap in the curriculum, because it seems that non-traditional families have become the norm in our society, rather than the outlier. In the fall semester of 2015, I met with the Dean of First Year students, Jocelyn Emerson, in a typical meeting to discuss our summers. -
Misleading and Misrepresenting the American Youth: “Little Orphan Annie” and the Orphan Myth in the Twentieth Century ___
MISLEADING AND MISREPRESENTING THE AMERICAN YOUTH: “LITTLE ORPHAN ANNIE” AND THE ORPHAN MYTH IN THE TWENTIETH CENTURY ________________ A Senior Honors Thesis Presented to The Faculty of the Department of The Honors College University of Houston ________________ In Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts _______________ By Amanda G. Beck May 2020 MISLEADING AND MISREPRESENTING THE AMERICAN YOUTH: “LITTLE ORPHAN ANNIE” AND THE ORPHAN MYTH IN THE TWENTIETH CENTURY _______________________________________ Amanda G. Beck APPROVED: _______________________________________ Marina Trninic, Visiting Assistant Professor Honors College Thesis Director ______________________________________ Douglas Erwing, Lecturer Honors College Second Reader _____________________________________ Robert Cremins, Lecturer Honors College Honors Reader _______________________________ William Monroe Dean of the Honors College ! MISLEADING AND MISREPRESENTING THE AMERICAN YOUTH: “LITTLE ORPHAN ANNIE” AND THE ORPHAN MYTH IN THE TWENTIETH CENTURY ________________ An Abstract of a Senior Honors Thesis Presented to The Faculty of the Department of The Honors College University of Houston ________________ In Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts _______________ By Amanda G. Beck May 2020 ! Abstract ____________________________ This interdisciplinary thesis examines the myth of the orphan in twentieth-century America as exemplified through the recurring story of “Little Orphan Annie,” an iconic American figure of independence, resilience, and optimism. By providing historical context and literary analysis for each of Annie’s crucial moments in the twentieth century, this thesis shows how the character has advanced a misguided perception of orphan and youth agency. While evolving to represent different decades of American society in the twentieth century through different mediums, Annie has further misled Americans in their perception of orphan and youth agency. -
The New Oklahoma Adoption Code: a Quest to Accommodate Diverse Interests
Tulsa Law Review Volume 33 Issue 1 Dedicated to the U.S. Supreme Court Fall 1997 The New Oklahoma Adoption Code: A Quest to Accommodate Diverse Interests D. Marianne Brower Blair [email protected] Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation D. M. Blair, The New Oklahoma Adoption Code: A Quest to Accommodate Diverse Interests, 33 Tulsa L. J. 177 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol33/iss1/12 This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Blair: The New Oklahoma Adoption Code: A Quest to Accommodate Diverse In TULSA LAW JOURNAL Volume 33 Fall 1997 Number 1 ARTICLES THE NEW OKLAHOMA ADOPTION CODE: A QUEST TO ACCOMMODATE DIVERSE INTERESTS* D. Marianne Brower Blairt I. INTRODUCTION ..................................... 178 II. JURISDICTION, CHOICE OF LAW, AND RECOGNMON ............ 183 A. Subject Matter Jurisdiction .......................... 183 1. Rationale ................................... 183 2. Bases for Jurisdiction .......................... 186 3. Pending Action in Another State ................... 191 4. Effect of Prior Custody Order ..................... 192 5. Relationship of § 7502-1.1 to Other Requirements of the Adop- tion Code, ICWA, and the PKPA .................. 195 B. PersonalJurisdiction and Venue ...................... 197 C. Choice of Law ................................... 198 * OKLA. STAT. tit. 10, § 7501-1.1 to 7511-1.5. t Associate Professor of Law, University of Tulsa College of Law. B.A. 1974, DePauw University; J.D.