Adoption

Is Adoption Reform a Missing Element in the Fight for Reproductive Justice?

Fresh out of college, with no support from my baby’s father and still relying on my parents, I was thrust into a world of limited options and impossible choices. Little did I know that choosing what society labels “the loving option” would expose me to an unregulated industry rife with predation. Though I have a successful open adoption and immense love for the family I chose, I was unprepared for the depth of my sorrow, shame and guilt—and I had been given no warning.

As we forge ahead in the brawl for fundamental rights, I hope the reproductive justice movement remembers to carry with it the territory of adoption reform.

The Truth About the Adoption Option

During oral arguments in Dobbs v. Jackson, the case that would end 50 years of protections for abortion rights in the U.S., Justice Amy Coney Barrett asked lawyers for a Mississippi clinic, “Why don’t safe-haven laws take care of that problem?” Ignored by the justices was extensive research showing that forced birth has consequences—devastating ones—for the woman, for the infant and for the communities where they live.

(This article originally appears in the Spring 2023 issue of Ms. Join the Ms. community today and you’ll get the issue delivered straight to your mailbox!)

Supreme Court Rules Native Adoptions Can Prioritize Tribal Families

In a surprise ruling, the Supreme Court upheld the Indian Child Welfare Act (ICWA) in a 7-2 vote in the case of . The Court rejected the challenges brought against ICWA by Chad and Jennifer Brackeen and two other other non-Native prospective adoptive couples—”some on the merits and others for lack of standing,” wrote Justice Amy Coney Barrett in her majority opinion.

Native American tribal leaders and advocates see the ruling as a win and say the law safeguards Native children and tribal communities. “We hope this decision will lay to rest the political attacks aimed at diminishing tribal sovereignty and creating instability throughout Indian law that have persisted for too long,” said a statement from leaders of the Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation and Quinault Indian Nation.

We’re the Women Who Chose Adoption Over Abortion. Ask Us Why Abortion Rights Matter

Over the years friends have asked my advice about their unplanned pregnancies or their daughters’. I don’t give advice. What I say is that I’m thrilled that my son walks the earth, but that the emotional cost was so much higher than I’d imagined. That there was no ‘clean slate’ afterward, only loss. That if I were faced with the same circumstances a second time, I would probably choose an early abortion. That what saved me in the end was the ability to make the choice myself.

Apparently We Don’t Need Abortion Because of Adoption … “or Whatever”

The Supreme Court Revealed Its Lack of Respect for Precedent and Women's Health—And It Won't Stop There

In Dobbs v. Jackson, Amy Coney Barrett said the right to an abortion is unnecessary because of safe haven laws. This argument ignores the fact that pregnancy itself has profound impacts on a woman’s life and comes with many risks, especially in a state like Mississippi with an exceptionally high maternal mortality rate.

To suggest that adoption is a simple or equivalent alternative to abortion is shocking. To have that suggestion come from a mother of seven children, who has both been pregnant and been through the process of adoption, is dangerous.

For many children, even if eventually adopted, some time will be spent in foster care. And foster care is not always a safe haven.