Ethica» An Independent Voice for Ethical Child Adoption

Current Issues in Domestic Adoption

March 13, 2003

Below are some current issues in domestic adoptions which require discussion within the adoption community. How can these issues be minimized or addressed? Share your thoughts with us by participating in our surveys.

The Selection Process

Monetary support of the prospective birthparent before the birth by prospective adoptive parents. This can pose a problem on three fronts:

The prospective birthparent may feel obligated or subtly coerced to place the child for adoption.

The prospective adoptive parents may feel entitled to adopt that particular child and, if they are responsible for fees that will not be reimbursed if the prospective birth parent decides to parent, they may have already spent available funds and be unable to adopt.

The child who is later adopted may perceive that he or she was “bought” or that the birthparent was subtly coerced.

Potential conflict of interest in agencies and others who counsel prospective birthparents about their options, yet will benefit from the prospective birthparent making the decision to complete an adoption.

Concerns with independent, non-agency adoptions. There is more room for ethical problems when the prospective adoptive parent and prospective birthparents are not dealing with professionals who have an ethical obligation to the child. Adoption attorneys are in a difficult position when they are involved in the child selection and placement process. The ethical duty of an attorney to represent her/his client (usually the prospective adoptive parent) does not allow the attorney to also represent the interests of the prospective birthparent or the best interest of the child.

Concerns regarding the relinquishment process. Prospective birthparents often are not given enough time to make an irrevocable relinquishment. Prospective birthfathers may lose rights very quickly, even before birth. However, prospective adoptive parents also need assurance that a child will not be taken away after the parents and child bond as a family.

The rights of adult adoptees to access their birth records. States continue to grapple with the issue. Read an overview or check the status of pending legislation.