For most of the twentieth century,
“standards” and “safeguards” were interchangeable
terms for adoption reformers. They believed that adoption was an
urgent social problem in need of greatly expanded public regulation.
The state’s responsibility to protect child
welfare was the animating principle behind minimum standards.
Once legislated and enforced, these basic legal rules and social
procedures would limit risk by constraining adoptions based purely
on money or sentiment. Standards would require that placements be
approved (if not actually arranged) by social
work professionals operating in agencies rather than by baby
farmers or other amateurs who specialized in independent (or
private) adoptions. The most vigorous advocates of minimum standards
were concentrated in the U.S. Children’s
Bureau and the Child Welfare League
of America.
The standards they had in mind involved certification of child-placers,
investigation of the child and adult parties to adoption, and supervision
of new families after placement and before finalization. In 1917,
Minnesota passed the
first state law mandating that children’s adoptability and
prospective parents’ suitability be investigated before adoption
decrees were granted. Two decades later, more than twenty states
had translated similar standards into law. By midcentury, virtually
all states in the country required individual and organizational
child-placers to be licensed and the vast majority had new or revised
adoption statutes on the books echoing reformers’ constant
refrain: investigate and supervise. New record-keeping protocols
included comprehensiveness, consistency, and confidentiality
and sealed records. When Minnesota
legislated adoption investigations, it was also the first state
to seal adoption records.
Because early field studies revealed
that many courts handled adoption petitions casually and legal requirements,
where they existed, were often ignored, minimum standards were considered
the most feasible path toward improvement. Typical early statements
argued that unregulated placing-out
was full of error and catastrophe. “Unless carried out in
accordance with approved standards,” declared Edmond Butler,
Executive Secretary of New York’s Catholic Home Bureau, child
placing would add to the “thousands of human wrecks”
already seeking public charity and “be responsible for destroying
the future welfare of very many if not most of those intended to
be helped.”
Minimum standards were formulated in positive as well as negative
terms. Birth parents should be beyond
rehabilitation, children should be “normal,” and adopters
should be “industrious and thrifty,” of the same religion
as the child, and not too “advanced in years.” Adopters
were presumed to be married couples—and many surely were—but
no rigid codes excluded singles
from consideration. Religion was the only factor singled out for
matching by adoption laws passed or
revised in the late nineteenth and early twentieth centuries.
Minimum standards helped to modernize adoption by subjecting family-formation
to new forms of bureaucratic control and professional oversight.
By turning helping practices into calculable operations, for instance,
they enhanced the role of scientific authority in the adoption process.
Standardizing the way families came into being was both the premise
and the purpose of outcome studies
and other ambitious enterprises in adoption knowledge.
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