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Acknowledgments | ||
Introduction | 1 | |
I | History of Adoption in the United States | 7 |
1 | An act to Provide for the Adoption of Children (1851) | 9 |
2 | Society's Children: The Care of Indigent Youngsters in New York City, 1875-1903 | 11 |
3 | Perfect Substitutes or the Real Thing? | 19 |
4 | Like Our Very Own: Adoption and the Changing Culture of Motherhood, 1851-1950 | 25 |
5 | Fallen Women, Problem Girls: Unmarried Mothers and the Professionalization of Social Work, 1890-1945 | 29 |
II | Creating Adoptive Families: Legal and Psychological Requirements and Consequences | 33 |
6 | State and Federal Adoption Laws | 37 |
7 | Code of Ethics | 43 |
8 | Adoption as a Child Welfare Service: CWLA 2000 Standards | 45 |
9 | Analysis of the Proposed Uniform Adoption Act (UAA) of 1994 | 47 |
10 | Family Ties: Solving the Constitutional Dilemma of the Faultless Father | 52 |
11 | Proposed Uniform Adoption Act (UAA) of 1994 | 63 |
12 | Adoption Agencies and the Search for the Ideal Family, 1918-1965 | 64 |
13 | Adoption and the Parental Screening System | 72 |
14 | Proposed Uniform Adoption Act (UAA) of 1994 | 77 |
15 | Adoptees' Inheritance Rights | 78 |
16 | Is Adoption a Risk Factor for the Development of Adjustment Problems? | 80 |
17 | Coming to Terms with Adoption: The Construction of Identity from Adolescence into Adulthood | 84 |
18 | Nature and Nurture: A New Look at How Families Work | 85 |
19 | Nature in Adoptive Parenthood | 88 |
III | Foster Care and Informal Adoption | 91 |
20 | Smith v. Organization of Foster Families for Equality and Reform (O.F.F.E.R.) (U.S. 1977) | 95 |
21 | In re G.C. (Pa. 1999) | 100 |
22 | Rodriguez v. McLoughlin (S.D.N.Y. 1999), reversed (2d Cir. N.Y. 2000) | 102 |
23 | In re Jasmon O. (Cal. 1994) | 106 |
24 | Parents' Rights vs. Children's Interests: The Case of the Foster Child | 108 |
25 | When Children Cannot Remain Home: Foster Family Care and Kinship Care | 111 |
26 | Taking Adoption Seriously: Radical Revolution or Modest Revisionism? | 115 |
27 | The Extended Family System in the Black Community: A Child-Centered Model for Adoption Policy | 119 |
IV | Adoption and Confidentiality | 123 |
28 | Adoption and Change of Name: General Statutes of Minnesota (1917) | 125 |
29 | The Sealed Adoption Records Controversy in Historical Perspective: The Case of the Children's Home Society of Washington, 1895-1988 | 126 |
30 | We Have a Long Way to Go: Attitudes toward Adoption | 134 |
31 | The Idea of Adoption: An Inquiry into the History of Adult Adoptee Access to Birth Records | 136 |
32 | Doe v. Sundquist (6th Cir. Tenn. 1997) | 142 |
33 | State Legislation and Mutual Consent Registries | 145 |
34 | The Basic Bastard | 146 |
35 | CWLA Standards: Policy Changes, 1973-2000 | 149 |
36 | Adoption, Identity, and the Constitution: The Case for Opening Closed Records | 153 |
V | Adoption with Continuing Contact: "Open Adoption" | 157 |
37 | Overview of Legal Status of Post-Adoption Contact Agreements | 159 |
38 | Perspectives on Open Adoption | 163 |
39 | In re Adoption of Vito (Mass. 2000) | 167 |
40 | Guidelines for Public Policy and State Legislation Governing Permanence for Children | 172 |
41 | Post-Adoption Contact: CWLA 2000 Standards | 174 |
42 | Increasing Options to Improve Permanency: Considerations in Drafting an Adoption with Contact Statute | 175 |
43 | Kinship with Strangers: Adoption and Interpretations of Kinship in American Culture | 177 |
VI | The Frontiers of Adoption | 185 |
44 | The What and Why of the Multiethnic Placement Act (MEPA) | 189 |
45 | "Are You My Mother?": Conceptualizing Children's Identity Rights in Transracial Adoptions | 194 |
46 | The Color of Desire: Fulfilling Adoptive Parents' Racial Preferences through Discriminatory State Action | 200 |
47 | Private Race Preferences in Family Formation | 205 |
48 | Racial Geographies | 208 |
49 | Does a Child Have a Right to a Certain Identity? | 211 |
50 | Intercountry Adoption: A Frontier without Boundaries | 215 |
51 | Who Are Indian Children within the Scope of the Federal Indian Child Welfare Act (ICWA)? | 221 |
52 | Pigs in Heaven: A Parable of Native American Adoption under the Indian Child Welfare Act | 228 |
53 | Second Parent Adoptions Protect Children with Two Mothers or Two Fathers | 235 |
54 | State Appeals Court Rulings That Deny or Approve Second Parent Adoptions by Same-Sex Couples | 239 |
55 | (How) Does the Sexual Orientation of Parents Matter? | 248 |
56 | Single Parent Adoptions | 252 |
VII | Feminism | 257 |
57 | Re-expressing Parenthood | 259 |
58 | Transracial and International Adoption: Mothers, Hierarchy, Race, and Feminist Legal Theory | 265 |
59 | Family Issue(s) | 270 |
60 | "O Wind, Remind Him That I Have No Child": Infertility and Feminist Jurisprudence | 273 |
61 | Adoption, Biological Essentialism, and Feminist Theory | 280 |
VIII | Other Perspectives on Adoption | 283 |
62 | Johnson v. Calvert (Cal. 1993) | 287 |
63 | In re Nicholas H. (Cal. 2002) | 291 |
64 | Note on the Revised Uniform Parentage Act (UPA) of 2002 | 294 |
65 | Principles of the Law of Family Dissolution | 297 |
66 | From Coitus to Commerce: Legal and Social Consequences of Noncoital Reproduction | 299 |
67 | Law Making for Baby Making: An Interpretive Approach to the Determination of Legal Parentage | 306 |
68 | Considerations against Donor Anonymity in Collaborative Procreation | 310 |
69 | The Jurisprudence of Genetics | 313 |
70 | Market-Inalienability | 319 |
71 | The Effect of Transactions Costs on the Market for Babies | 324 |
Sources | 329 | |
Index | 337 | |
About the Editors | 349 |
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