A Short History of Adoption in the United States
Adoption is the process whereby parent(s) are matched with children whose biological parents are unable to provide for their care. Adoption is an ancient arrangement spoken of in the Bible. The Greeks, Romans, Egyptians, and Babylonians all had adoption systems.
The concept of adoption was not legally recognized in the United States until the 1850's, with the inception of the first adoption statutes. While transfers of children to substitute parents had occurred informally since American colonial times, adoption statutes legitimized the informal adoptive arrangements which previously existed.
From the 1850’s through the next 100 years state and federal statutes were enacted for the protection of the children and all other parties involved in the adoption process. Since the 1960’s adoptions have often become more open with the birth parent(s) and adoptive parents.
1851: Massachusetts becomes the first state to pass a law regulating the adoption of children. Institutions for parentless children are organized by religious and other charitable groups.
Late 1800s: Orphan trains travel westward to find homes for children in towns and farming communities of the Midwest. Adopted children are still mostly older. Adoption agencies, many of which exist today, are established as a result of the orphan train process. They develop more professional adoption procedures and work for state adoption laws.
Early 1900s: Maternity homes emerge as safe places for young, unwed mothers as they nurse their babies and make plans for themselves. As introduction and use of formulas increase, these mothers could choose adoption earlier and sometimes immediately after birth. The adoption process becomes a more formal, legal and confidential procedure.
1950s: The adoption of "war orphans" sets the stage for today's international adoption activities. Adoption begins to be an option for children previously in long-term foster care; children with "special needs," children of minority backgrounds and sibling groups.
1970s: Abortion is legalized. This leads to a decline of maternity homes and a decline of adoption being presented as an option. Two Supreme Court cases increase legal rights of birth fathers in adoption. Some states enact laws requiring birthmothers to name the father of the baby
1980s: Federal funds increasingly support special needs adoptions and the number of international adoptions doubles. Traditional confidential adoptions are formally joined by experimental open adoptions. Agencies begin offering varying degrees of participation in adoption planning by birthmothers. Legislatures deal with the question of access to adoption records, as organized groups of adopted persons and birthmothers seek access to records and provide self-help support for searching for biological roots. Some state laws are amended to provide for state level registries for mutual consent so that identifying information can be shared between birthparents and adopted adult-aged persons who register their willingness to meet.
1990s: New issues surface: Baby Jessica/Baby Richard, parents' rights, Hague Treaty, adoption of AIDS or drug-dependent infants, interracial adoption, welfare reform, gay and lesbian adoptions. The rise of infertility increases interest in adoption and can sometimes lead to inappropriate or illegal methods. Attempts are made to further regulate who can be involved in adoption and what services are appropriate.'