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By Emily Matchar
September 1, 2013 / New Republic
For a long time, Claudia Corrigan D’Arcy thought of herself as an adoption success story. Pregnant at 18 from an affair with her boss, she denied the pregnancy until her coworkers began to notice. Too far along to get an abortion, she looked up an adoption agency in the Yellow Pages and found herself agreeing to move to Boston and live with a host family until she gave birth. Her son, who she calls Max (his adoptive parents gave him a different name), was born in November of 1987 and handed over to a couple Corrigan D’Arcy had only seen in photos. And that was that.
She told herself she’d done the smart thing. She’d given her son a two-parent family of means. It wasn’t until more than a decade later that Corrigan D’Arcy, by then married and the mother of three more children, began to rethink what had happened.
By having her move to a new state while pregnant, she felt the agency was purposely isolating her from friends and family who might have helped her. Though she knew who her baby’s father was, the agency told her not to tell him she was pregnant. She could have sued him for child support—he was a wealthy lawyer—but the adoption agency didn’t talk about that, only about the hardships she would face as a “welfare mom,” should she keep her child. They called her a “family-building angel” and a “saint” for considering adoption. “It was crazy subtle, subtle, subtle brainwashing,” she told me recently.
Adoption has long been perceived as the win-win way out of a a difficult situation. An unwed mother gets rid of the child she’s not equipped to care for; an adoptive family gets a much-wanted child. But people are increasingly realizing that the industry is not nearly as well-regulated and ethical as it should be. There are issues of coercion, corruption, and lack of transparency that are only now being fully addressed.
The past decade has seen the rise of a broad and loose coalition of activists out to change the way adoption works in America. This coalition makes bedfellows of people who would ordinarily have nothing to do with each other: Mormon and fundamentalist women who feel they were pressured by their churches, progressives who believe adoption is a classist institution that takes the children of the young and poor and gives them to the wealthier and better-educated, and adoptive parents who have had traumatic experiences with corrupt adoption agencies.
Some women, like Corrigan D’Arcy, blog their stories. They run message boards with names like “First Mother Forum” and “Pound Pup Legacy,” full of tales of bitterly regretted adoptions. They hold retreats for birthmothers and adoptees. They’ve formed several grassroots activist organizations, including Parents for Ethical Adoption Reform, Origins-USA, and Concerned United Birthparents. Some call themselves adoption reformers. Others prefer terms such as “adoption truth advocate.” A few will come straight out and say they’re anti-adoption.
They want, among other things, a ban on adoption agencies offering monetary support to pregnant women. They want to see laws put in place guaranteeing that “open” adoptions (where birthparents have some level of contact with their children) stay open. They want women to have more time after birth to decide whether to terminate their parental rights. These activists have become increasingly loud of late, holding prominent rallies, organizing online, and winning several recent legislative victories.
Reproduce justice activists tend to focus on rights to contraception and abortion. But these adoption reforms are equally important when it comes to men and women having full control of their destinies.
Adoption in America has changed vastly since the end of the so-called “Baby Scoop Era” in the early 1970s, when many pregnant young women were “sent away” and their babies offered up for adoption as a matter of course. Thanks to legalized abortion and a drastic lessening of the stigma against unwed mothers, the number of babies available domestically has been shrinking since the mid-'70s. Fifty years ago, about 9 percent of babies born to unmarried women were placed for adoption. Today that number is 1 percent. All in all, there are about 14,000 domestic infant adoptions a year, comprising only about 15 percent of U.S. adoptions. (The rest are from the foster care system, or are international.)
But for young women who do find themselves pregnant and unmarried, the pressure to choose adoption is still present. Much of this pressure still comes from organized religion. Andrea Mills, 38, has placed four of her children for adoption through the Mormon Church’s LDS Family Services program over the past 13 years. Mormonism forbids abortion, considers premarital sex taboo, and frowns upon single parenthood. When Mills initially voiced uncertainty about adoption, the counselor handling her case insisted it was her best option, saying “This is what God wanted." The nation’s 4,000-odd “crisis pregnancy centers,” anti-choice organizations, are often affiliated with evangelical Christian maternity homes and Christian adoption agencies. “Pregnant? Scared?” their ads ask on billboards and in bar bathroom posters; “We can help.”
Even non-religious adoption agencies practice what some say is subtle coercion. Agencies offer pregnant women financial assistance—for rent, groceries, medical bills, maternity clothes, even cellphones. Some even offer college scholarships for women who go through with adoptions. Agencies frequently warn women about a “post-abortion syndrome” of lasting depression and guilt, though mainstream medical organizations dismissed these warnings. (Adoption, on the other hand, is known to cause “a sense of loss that is all-encompassing," says the U.S. Administration for Children and Families.) Adoption counselors are frequently adoptive parents themselves, which puts them in a less-than-neutral position.
While the ubiquity of open adoption—today 95 percent of all adoptions include some kind of contact between birthparents and children—is universally seen as a step forward, it can present its own challenges. Pregnant women, encouraged to choose and bond with an adoptive couple before the baby is born, often get the impression that they and the couple are going to be “kind of co-parents,” says Kathryn Joyce, the author of The Child Catchers, an expose on corruption in the adoption industry. But then, when the baby is born and relinquished, the couple closes ranks, wanting—understandably enough—to cocoon as a family. The birthmother is left feeling like, in Joyce’s words, “’you were all over me when I was pregnant, but now that you have the baby you don’t want anything to do with me.’”
Responding to all this, adoption reformers have been lobbying state governments for a number of specific changes.
First, there’s the matter of timing. In some states, such as Utah, a woman can sign papers irrevocably terminating her parental rights 24 hours after giving birth. At this point, a woman is still in the hospital, exhausted and possibly under the influence of painkillers. In more than half of all states, irrevocable termination of parental rights can be established in fewer than four days. “We believe that this is by no means a sufficient time period to make an irreversible, life-altering decision with consequences for many people,” says Concerned United Birthparents, an adoption reform group, which would like to extend the period to 30 days.
But public opinion tends to favor shorter waiting times, sympathetic to the pain of adoptive parents who have babies taken away after a birthmother changes her mind. (A reality show on Logo TV called “The Baby Wait” focuses on this limbo period, its allegiances clearly lying with the prospective adoptive couples.) In April, Kansas eliminated its 30-day post-birth waiting period, allowing adoptions to be finalized within the first 24 hours. This act was generally reported as an uncontroversial good.
There has been a bit more progress on open adoption. Fewer than half of U.S. states regulate open adoption agreements. In the rest, openness depends on the whim of the adoptive parents, many of whom soon tire of feeling they’re sharing their child. In Mills’s case, a supposedly open adoption became “don’t call us, we’ll call you,” she says. Georgia enacted a law in May that makes open adoption contracts legally binding, meaning birthparents are guaranteed access to their children as often as their agreed-upon contracts specify. Utah passed a similar measure earlier this year, but only for children adopted from state custody.
In August, the Adoptee Rights Coalition rallied around the issue of access to birth certificates. Currently, only a handful of states allow unrestricted access to original birth certificates. But the recent phenomenon of adoptees searching for, and sometimes finding, their birthparents via Facebook has highlighted the need for action. Though people imagine that birth mothers want their privacy, Adam Pertman, executive director of the Evan B. Donaldson Adoption Institute, says that only a tiny minority actually want to withhold their identifying details from their children permanently. In May, Washington Governor Jay Inslee signed a new law giving some, but not all, adoptees access to their original birth certificates, a partial win for reformers that left many unhappy. Pennsylvania’s legislature will likely vote on a similar bill this fall, as will Ohio’s, after numerous failed attempts by adoption reform groups in both states to pass such legislation. Another bill was passed by the New Jersey legislature, but conditionally vetoed by Governor Chris Christie in 2011.
Very few activists are claiming that adoption shouldn’t be an option, but the activists currently involved in the issue recognize that adoption is far from the perfect solution it was so long perceived to be. It’s a difficult, life-changing decision with ramifications that last a lifetime. As such, it needs to be treated with the utmost transparency and a much higher degree of ethical oversight, legal and otherwise.
“I would rather see us live in a society where we say to struggling pregnant women, ‘OK you have a problem, we should try to fix the whole situation,’” says Corrigan D’Arcy, “rather than remove the child and leave the mother in crisis.” One of the most important events of her recent life was locating her now-teenage son via MySpace. “Every portion of finding him, whether it was just finding that he was alive or finding where he is, I felt one step lighter, one step closer to being who I was really supposed to be.”