Perspective on Adoption

Adoption law in the United States traces its origin to early Roman law. Although Roman law provided for adoption, its singular purpose was to provide the adopter with an heir. European civil law carried on the Roman tradition providing that only persons over twenty-one could be adopted and only those over fifty could adopt. Late in the nineteenth century, the United States formalized its adoption law, basing its procedural aspects on Roman law, but originating the social-conscience aspect of adoption which mandated that the adoption be in the best interests of the child. The cause of social-conscience adoption was a public opinion which had been outraged by the processes of indenture and the binding out of children. Gradually, the states enacted legislation providing for judicial inquiry and social investigation to ensure that the child's interests would be furthered as well as the interests of the adoptive and natural parents. Today, enlightened state and federal statutes, along with the assistance of private and public child-care agencies, have eliminated many of the gross abuses and uncertainties that were the companions of the adoptions of yesterday.