Issues in Adoption William Dudley, Book Editor Daniel Leone,President Bonnie Szumski, Publisher Scott Barbour, Managing Editor Helen Cothran, Senior Editor CURRENT CONTROVERSIES San Diego • Detroit • New York • San Francisco • Cleveland New Haven, Conn. • Waterville, Maine • London • Munich © 2004 by Greenhaven Press. Greenhaven Press is an imprint of The Gale Group, Inc., a division of Thomson Learning, Inc. Greenhaven® and Thomson Learning™ are trademarks used herein under license. For more information, contact Greenhaven Press 27500 Drake Rd. Farmington Hills, MI 48331-3535 Or you can visit our Internet site at http://www.gale.com ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced or used in any form or by any means—graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution or information storage retrieval systems—without the written permission of the publisher. Every effort has been made to trace the owners of copyrighted material. Cover credit: © Carecchio Elisabeth/CORBIS SYGMA LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA Issues in adoption / William Dudley, book editor. p. cm. — (Current controversies) Includes bibliographical references and index. ISBN 0-7377-1625-8 (lib. bdg. : alk. paper) — ISBN 0-7377-1626-6 (pbk. : alk. paper) 1. Adoption—United States. I. Dudley, William, 1964– . II. Series. HV875.55.I87 2004 362.73'4'0973—dc21 2003057253 Printed in the United States of America Contents Foreword 8 Introduction 10 Chapter 1: Should Adoption Be Encouraged? Chapter Preface 14 Yes: Adoption Should Be Encouraged Adoption Should Be Encouraged as an Alternative to Abortion and Single Parenthood by Jean Garton 16 Adoption benefits all those it affects, including the children, the biological mother, the adopting family, and society at large. It should be promoted as a loving and life-affirming option for unmarried pregnant women. Prejudice Against Adoption and Adopted Families Should Be Challenged by Beth Hall and Gail Steinberg 22 “Adoptism” is the prejudicial belief that families created by adoption are somehow inferior to biological families. This bias must be rejected because it is as harmful as prejudice based on race, gender, or class. International Adoptions Should Be Celebrated by Adam Pertman 25 Thousands of impoverished and orphaned children have found loving families through international adoption. Occasional adoption scandals involving corruption and baby selling should not obscure adoption’s benefits. Transracial Adoptions Can Be Beneficial by Susan Goldsmith 37 Transracial adoptions have positive outcomes for both children and par- ents. Unfortunately, some social workers continue to deny white families the opportunity to adopt minority children. More Foster Children Should Be Placed in Adoptive Homes by Pete du Pont 47 Each year thousands of children who could be adopted remain in tempo- rary foster care homes. The 1997 Adoption and Safe Families Act recog- nizes that children are better off with permanent families. No: Adoption Should Not Be Encouraged The Infant Adoption Industry Should Be Abolished by Darlene Gerow 49 Adoption, perceived by many as an act of compassion, is in reality a multimillion dollar industry that does more to serve affluent people who want babies than help children in need. In a perfect world, no babies would be relinquished for adoption. Pregnant Women Should Not Be Coerced into Placing Their Children Up for Adoption by Heather Lowe 58 Adoption is being promoted to potential birth mothers as their only moral and practical choice. However, separating mother and child can cause lifelong trauma and should not be encouraged simply to fill infertile cou- ples’ demand for children. International Adoption Is Harmful and Exploitive by Tobias Hübinette 66 International adoption is an unequal and exploitive exchange between wealthy and poor countries. Many adopted children grow up feeling lost and unwanted in an alien culture. Transracial Adoption Should Not Be Encouraged by Dorothy Roberts 72 Minority children are more likely to be taken from their families and placed in the child welfare system than are white children. Federal and state policies should place a greater emphasis on reuniting minority chil- dren with their natural families than on seeking to place them in white adoptive households. Chapter 2: Does America’s Adoption System Need More Government Regulation? Chapter Preface 77 Yes: More Regulation Is Needed More Regulation Is Necessary to Protect People from International Adoption Scams by Ann Marie Cunningham 79 Couples lose thousands of dollars to unethical international adoption agencies and brokers. Law enforcement officials and regulators are often unable to prevent adoption scams. More Regulation of International Adoption Agencies Is Necessary by Cindy Freidmutter 84 International adoption is a huge and mostly unregulated industry in which families seeking to adopt are not afforded basic consumer protections. The U.S. government should implement strong regulations to protect the interests of children and adopting families. The Federal Government Must Regulate Adoption by Maureen Hogan 88 State regulators have been unable to prevent abuses employed by the pri- vate adoption industry. The federal government must regulate the indus- try to protect the interests of children, birth parents, and people pursuing adoption. No: More Regulation Is Not Needed More Federal Regulation May Displace Small International Adoption Agencies by Laura A. Cecere 93 There is no evidence of rampant abuse in the international adoption indus- try. Proposals to grant the federal government greater regulatory authority over international adoptions will increase the costs of adoption and may force smaller community-based adoption agencies out of business. Government Regulations and Procedures for Adoption Are Too Cumbersome by Jacob Sullum 97 The system by which children who need families are adopted is too oner- ous. Moreover, not all of the rules and regulations appear designed to serve the bests interests of children. Infant Adoption Should Be Deregulated by Donald J. Boudreaux 109 Mothers should be permitted to sell their newborn children to adoptive parents without state interference. Such a reform promises benefits to birth mothers, couples wishing to adopt, and adopted children. Chapter 3: Should Adoptees Be Given Open Access to Adoption and Birth Records? The Open Records Controversy: An Overview by John Cloud 122 Those who believe that people who were adopted should be allowed to see their original birth certificates argue that adoptees have the right to find out who they are and to contact their birth parents. Opponents hold that granting such access would harm birth mothers by violating their pri- vacy. Yes: Adoptees Should Be Granted Open Access to Personal Information Arguments Against Opening Adoption Records Are Spurious by Kate Burke 125 The arguments put forth by opponents of open records can and must be rebutted. The debate must be framed as a fundamental civil rights issue for adoptees. The Right of Adoptees to Access Their Personal Information Should Be Unconditional by Bastard Nation 129 Laws that attach conditions to adoptees’ right of access to their personal records are unacceptable. Anything less than totally unrestricted access to personal records violates the civil and human rights of adoptees. Voluntary Registries Are an Inadequate Substitute for Open Records Laws by Melisha Mitchell et al. 132 Mutual consent voluntary registries have a poor record in helping adoptees and birth parents connect with one another. Such registries are not an acceptable substitute for laws giving adoptees the right to access their birth records. No: Adoptees Should Not Be Granted Open Access to Personal Information Opening Adoption and Birth Records Violates the Privacy Rights of Birth Mothers by Marianne Means 139 Giving adoptees access to birth records without the prior consent of their biological mothers unfairly deprives mothers of their privacy rights. The possibility that confidential records could be opened can create embar- rassment and emotional turmoil for birth parents. Removing Privacy Protections Will Threaten the Future of Infant Adoption by William L. Pierce 142 England and Wales, which changed their adoption laws to permit open access to records, have experienced a steep drop in the number of infant adoptions. Policies that strip privacy from adoption procedures are unsound and may threaten the future of adoption in the United States. A Voluntary Registry System Is Preferable to Open Records Laws by Naomi Cahn 146 A national voluntary registry system can facilitate contact between bio- logical parents and adopted children while ensuring that adoption and birth records remain confidential. Chapter 4: Should Adoptions by Gays and Lesbians Be Permitted? Changing Policies Toward Gay Adoption: An Overview by Heather Salerno 154 Gay adoptions have been granted in many states, and adoption has become an increasingly popular way for many gay and lesbian couples and individuals to create families. But permitting gay and lesbian adop- tion remains controversial; some states and foreign countries have taken steps to limit the practice. Yes: Gay and Lesbian Adoptions Should Be Permitted Sexual Orientation Should Not Be a Barrier to Adoption by Jeffrey G. Gibson 163 Discrimination against gays and lesbians as candidates for adoption is unfair and often hurts the children involved. Courts and adoption