In the 1700s and 1800s, adoption was usually informal, with friends or family members taking in a child who needed a home…or bringing in a child as an indentured servant or household worker. Sometimes children ended up in orphanages, which they generally left when they could take on a job or an apprenticeship. In 1854, Massachusetts passed the first modern adoption law, and children began to be “placed out” in homes legally. It was not until 1891, in Michigan, that the question of the fitness of adoptive parents really arose. The Massachusetts law did require the parents to be able to support the child, but otherwise it was up to the judge to recognize fit adoptive parents when he saw them.
Michigan 1891
Act No. 76 gave the basics of adoption law, including a requirement that the child’s parents, if living, had signed a letter of consent to the adoption and that the adoption should be finalized in court.
The law also required that the probate judge must be “satisfied as to the good moral character, and the ability to support and educate such child, and of the suitableness of the home, or the person or persons adopting such child.”
That’s not there same as a Home Study and background checks, but it was the first time a law listed any specific signs of fit adoptive parents. Good moral character, financial stability, and a suitable home are often mentioned in adoption laws today. What’s more, the judge was expected to make some investigation to determine whether the adoptive parents were suitable or not.
The Michigan law was an important step along the path traveling from informal adoptions to the safe, child-centered adoption laws of today.
Arkansas now
Would-be adoptive parents today must be thoroughly examined for suitability. A criminal past, a history of abusive behavior, or an unstable relationship can rule possible adoptive parents out.
Additionally, the birth mother has a say in the choice of adoptive parents for her child. She can choose a family she feels comfortable with, get to know them, and remain in contact with them and with her child through open adoption.
If you are considering adoption, Heimer Law can help.
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