Keith Mack
Adoption has existed throughout history, with the first traces of adoption found in ancient Rome. However, the concept of adoption differed significantly from modern practices, focusing on the political and economic interests of the adopter. The first modern adoption law was enacted in 1851 by the Commonwealth of Massachusetts, marking a turning point in the history of child adoption. This law, known as the Adoption of Children Act, recognized adoption as a social and legal operation based on child welfare and directed judges to ensure that adoptions were fit and proper. While this law set the foundation for modern adoption practices, it is important to note that the history of adoption laws and practices has continued to evolve, with various movements and organizations advocating for the rights and well-being of adopted children.
| Characteristics | Values |
|---|---|
| First modern adoption law | Passed in 1851 by Massachusetts |
| Purpose | To ensure adoptions were "fit and proper" |
| What changed | Judges were authorized to cut the ties of biological families |
| Focus | Wellbeing of the child, rather than interests of adults |
| Impact | A turning point in how adoptions were viewed and carried out |
| Era before 1851 | More akin to a fostering system |
| Post-1851 | Emergence of nongovernmental charitable societies dedicated to child protection |
| First governmental court | Established in 1899 |
| Transracial adoptions | Controversial in the late 20th century |
| Indian Child Welfare Act | Passed in 1978 to protect Native American tribes' sovereignty over adoption of Native children |
| Ancient Rome | Adoption emphasized political and economic interests of the adopter |
| Middle Ages | French and Italian law discouraged adoption, English Common Law forbade it |
| 17th century | English Poor Law allowed well-off families to take in poor/orphaned children and force them into apprenticeships |
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What You'll Learn
Adoption before the 1851 Adoption of Children Act
The concept of adoption has existed throughout history, providing a way for parents who could not care for their children to place them in homes with willing parents. However, the formal process of adoption as we know it today is a relatively modern concept, with the first official adoption laws being enacted in 1851.
Prior to the 1851 Adoption of Children Act, adoption was not legally recognised. Judges lacked the authority to sever ties between children and their biological families, resulting in a system more akin to fostering. Children were often sent to live with another family for education, labour training, apprenticeship, or charitable support. It was also common for relatives to adopt children from extended family members, particularly in cases of illegitimate children or single mothers, to provide them with better opportunities.
Adoptions during this pre-1851 era were conducted in a secretive manner due to the heavy stigma associated with unmarried mothers and illegitimate children. Birth mothers often chose to place their children for adoption or were pressured to do so to avoid the social consequences of having a child out of wedlock.
While courts rarely intervened on behalf of orphans or adoptees, there were some extreme cases where they did. The passing of the 1851 Act marked a turning point, with laws shifting their focus towards the wellbeing and rights of the child rather than solely the interests of adults.
In summary, adoption before the 1851 Adoption of Children Act was a less formalised process, lacking legal recognition and operating more like an extended fostering system or a means of discreetly providing opportunities for children born out of wedlock. The 1851 Act transformed the perception and legal framework of adoption, ushering in the "'Modern Era'" of adoptions.
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The 'Modern Era' of adoption
The Modern Era of adoption in the United States began with the passing of the 1851 Adoption of Children Act in Massachusetts. This was the first modern adoption law, marking a turning point in how adoptions were viewed and carried out. The law ensured that adoptions were "fit and proper", with the focus shifting to the wellbeing of the child rather than the interests of adults. This signalled the start of the "Modern Era" of adoptions, with adoption now recognised as a social and legal operation.
Prior to 1851, adoption was not legally recognised, and judges lacked the authority to sever ties with a child's biological family. Adoption before this period was more similar to a fostering system, where children were sent to live with another family for education, labour training, apprenticeship, or charitable support. The 1851 Act became the first adoption law to protect the interests of the child, requiring judges to determine if adoptive parents had the consent of biological parents or guardians and could provide a "suitable education".
The decades following the 1851 Act saw the emergence of nongovernmental charitable societies dedicated to child protection, such as the NYSPCC (New York Society for the Prevention of Cruelty to Children). In 1899, the first governmental court was established, initially focusing on juvenile delinquents but with the authority to intervene on behalf of children in cases of abuse and neglect.
The 20th century saw continued debate around domestic transracial adoptions, with transracial adoptions achieved through international adoption generally viewed more favourably. The creation of the Indian Adoption Project in 1958, which placed Native American children with white families, sparked backlash from Native American activists due to a lack of cultural education for the adoptees. This led to the passing of the Indian Child Welfare Act in 1978, protecting Native American tribes' sovereignty over the adoption of Native children.
The 1970s witnessed increased acceptance of illegitimacy and the proliferation of movements to unseal original birth certificates and adoption records for adopted individuals. Organisations such as Orphan Voyage, founded by Jean Paton in 1954, and the Adoptees' Liberty Movement Association (ALMA), established by Florence Fisher in 1971, advocated for the rights of adopted people to access their original birth records.
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Transracial adoption
The history of transracial adoption in the United States can be traced back to the 1940s, a period marked by the aftermath of World War II, which left many children without parents. Initially, adoption practices emphasized placing children with same-race families, as it was believed to be in the best interest of the child. However, a significant increase in transracial adoptions occurred during the 1950s and 1960s due to a shortage of minority homes and a growing number of children in need of placements. Despite this increase, debates emerged regarding the ethics of transracial adoption, with concerns about cultural identity and potential discrimination being raised.
One of the earliest examples of intentional domestic transracial adoption was the Indian Adoption Project, which took place between 1958 and 1967. This project was a collaboration between the Bureau of Indian Affairs and the Child Welfare League of America (CWLA) and aimed to remove Native Indian children from their families on reservations and assimilate them into mainstream society. By the 1960s, child advocacy groups in the US and Canada also began programs to find adoptive families for orphaned African American children. However, these initiatives faced resistance from racial and ethnic minority communities, who argued that transracial adoption could lead to a loss of cultural identity and inadequate preparation for navigating a racist society.
A notable shift in the legal landscape of transracial adoption occurred in 1967 with the US Supreme Court case Loving v. Virginia, which struck down laws prohibiting interracial marriage. Following this ruling, state laws banning transracial adoption were either repealed or deemed unconstitutional. While the decision allowed race to be considered in adoption decisions, it could not be the sole factor. However, by 1972, transracial adoptions faced strong opposition from organizations like the National Association of Black Social Workers (NABSW), who advocated for racial matching in adoptions to protect the cultural identity of minority children. This stance was influenced by the growing Black Power movement in the US.
In the 1990s, institutional barriers to transracial adoption were addressed through federal legislation, such as the Multiethnic Placement Act of 1994 and the Adoption Promotion and Stability Act of 1995, which prohibited the use of race as the sole basis for adoption decisions. These laws reflected a recognition that adoption by capable and loving parents, regardless of race, is in the best interest of the child. Despite this progress, surveys suggest that attitudes towards transracial adoption among Americans remain mixed, with complex considerations related to cultural identity and the potential challenges of navigating a society with racial biases.
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The history of adoption in ancient Rome
The history of adoption can be traced back to ancient Rome, where it was a common practice, especially among the upper classes. In ancient Rome, adoption was primarily a legal procedure for transferring paternal power (known as "potestas") to ensure succession in the male line within Roman patriarchal society. The Latin word "adoptio" refers broadly to "adoption", which could take two forms: the transferral of potestas over a free person from one head of household to another, or "adrogatio", which occurred when the adoptee was legally an adult but assumed the status of an unemancipated son for inheritance purposes.
Adoption in ancient Rome was not solely a matter of family or emotional bonds, but rather a tool for advancing financial, social, and political interests, particularly among the property-owning classes. It was a way to designate successors and ensure a peaceful transmission of power, as well as to satisfy the requirement of having a male heir for those seeking public honours and provincial governance roles. Notably, Roman women could own, inherit, and control property, and they played a significant role in succession and inheritance, but adoption as a means of transferring paternal potestas was predominantly a male-dominated practice.
The concept of inheritance in ancient Rome was integral to life, and adoption made someone an immediate heir to their adoptive father, sharing in all his possessions and rights. This permanent bond could not be dissolved, unlike the relationship with biological children, who could be disowned by their parents. The best-known case of adoption in ancient Rome is that of Octavian Augustus, the first Roman emperor, who was the adopted son and heir of Caesar. Other notable adoptions include Tiberius by Augustus in 4 AD and Alexander Severus by Emperor Heliogabalus in 221 AD.
Augustan legislation that favoured fathers with multiple children led to "adoptions of convenience", where fictitious or "fake adoptions" were used to gain benefits such as priority in selecting provincial governors. In response, a senatorial decree was enacted during Nero's time to curb these practices. While adoption laws in ancient Rome were primarily concerned with adult interests and succession, they also played a role in shaping the concept of adoption in Christian theology, as seen in St. Paul's theology of the spirit of adoption in Romans 8:15.
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The role of orphanages and the church
In the early Christian period and even today, children who lost parental care were typically taken in by relatives or through adult guardianship. Early Christian Church leaders embraced the obligation to care for the vulnerable, and this was further outlined in the third-century Didascalia Apostolorum, which detailed the responsibilities of bishops towards widows and orphans. The first known historical examples of residential care for children were the Orphanotropheion of Zoticus and the Orphanotropheion of Saint Paul, established in Byzantium during the fourth and fifth centuries.
The Roman Catholic Church, in particular, has been involved in residential care for children, with an estimated 5.5 million children worldwide residing in Church-funded facilities. While initially rooted in charitable intentions, there has been a shift towards promoting kinship care, adoption, and foster care, prioritizing children's rights and well-being. Initiatives like Catholic Care for Children International and Changing the Way We Care aim to ensure every child's right to a safe and nurturing family environment.
The church has also played a role in modern adoption practices. The first "`modern`" adoption law was passed in 1851 in Massachusetts, recognizing adoption as a social and legal operation based on child welfare. This marked a turning point, as judges were directed to ensure that adoption decrees were "fit and proper," prioritizing the wellbeing of the child. The church community continued to support adoptive and foster families, providing a sense of community and support.
Today, the church's role in foster care, adoption, and orphan care remains significant. Congregational leaders emphasize the importance of engaging in these issues, and church members find ways to serve, love, and support those involved. The church provides a community for families caring for orphans and vulnerable children, offering prayer, support groups, and assistance to foster and adoptive families. The diversity of the church community allows for a collective effort to address big problems and make a lasting change in the lives of vulnerable children and families.
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Frequently asked questions
The first modern adoption laws were created in 1851 when Massachusetts implemented the Adoption of Children Act.
The Act was the first adoption law to protect the interests of the child. It required a judge to determine if the adoptive parents had the consent of the biological parents or guardian of the adoptee.
Before 1851, adoption was not recognised legally. It was more akin to a fostering system where children were sent to live with another family for education, labour training, apprenticeship or charitable support.
The Act directed judges to ensure that adoption decrees were "fit and proper", with the approval of the adoption left to the discretion of the judge.
Some key moments include the creation of the Indian Adoption Project in 1958, the passing of the Indian Child Welfare Act in 1978, and the debate around domestic transracial adoptions in the late 20th century.
