General Course Descriptions for Terms: adoption law & policy


939 - Sel Prob Family Law: Adoption Law & Policy

The Adoption Law & Policy Seminar addresses the fundamental and evolving issues that arise when adoptive families are created by law. The seminar will begin with an examination of the history and evolution of adoption in the United States and an overview of the legal process in both domestic and intercountry adoptions. In the seminar, we will study the intersecting legal regulations governing adoption at the state, federal and international levels, as well as constitutional limitations on regulation and existing practices. We will study the role and ethical obligations of attorneys, social workers, physicians, and other actors involved in adoption practice. The seminar will also consider independent or “gray market” adoptions and examine whether the legal system adequately addresses the fraud, abuses and financial exploitation that takes place in this unregulated domain. We will explore current challenges and controversies related to the adoption of Native American children and legal challenges to the Indian Child Welfare Act, adoption by gay and lesbian individuals, the shifting government policy concerning the adoption of children from foster care, and developing effective legal rules that facilitate and are responsive to the increasing openness in adoption. Finally, throughout the semester we will consider the broader historical, societal and geopolitical elements shaping adoption law.