The Americans with Disabilities Act was passed in July of 1990. This law ensures that people with disabilities do not face discrimination in the United States. Unfortunately, research shows that people with disabilities do continue to face barriers. We had to wonder: do disabilities keep people from adopting?
Your rights
It’s important to know that the ADA applies to adoption professionals and facilities as well as courts. It is never legal to discriminate against would-be adoptive parents who happen to have disabilities.
This means not only that an adoption professional can’t refuse to serve you, but also that meetings must be held in accessible spaces, that documents must be provided in appropriate forms or with assistive technologies, and that any necessary accommodations must be made.
The reality
In real life, there are many potential points of failure in the system.
For example, federally-funded programs cannot discriminate against people with disabilities in their decision making about who can adopt a child. But private agencies can consider disability along with many other factors in case-by-case decision making.
That is, an agency can’t say, “We will not place children with disabled adoptive parents.” They can decide that a deaf couple or an individual with limited mobility would not be able to care for a child adequately. Unless they are sued, they don’t have to prove that they don’t have a general prejudice against hearing-impaired people; they have simply decided that a particular couple doesn’t meet their criteria.
A home study always requires some medical records and judgements. All decisions should be made in the best interests of the child. If a social worker happens to feel that a blind parent would be dangerous to an infant, that prospective adoptive parent could lose their opportunity to adopt.
In Arkansas, expectant mothers considering adoption can choose an adoptive family for their children. A birth mom might dismiss a prospective parent in a wheelchair. She doesn’t have to defend her decision, even though it may actually be motivated by prejudice.
Taking action
A medical statement from your doctor is a great starting point. You’ll already need health records for your home study; make sure that there is a clear statement of your ability to parent a child.
We may feel that it is wrong to expect a person with a disability to foresee misinformation and guard against it, but that is often the reality. Even in the 21st century, there are people who are surprised that an autistic individual can be a successful parent, or that muscular dystrophy doesn’t disqualify someone from caring for an infant. Being prepared increases the chances of success.
On a related note, would-be parents with disabilities may find that they need to prepare not only to educate people, but also to resist taking offense. Seeing discriminatory actions as an opportunity to educate can help you keep your cool when it happens.
Make sure you have a supportive adoption professional in your corner. At Heimer Law, our extensive, specialized experience with Arkansas adoptions makes us an excellent partner on your adoption journey. Contact us by phone or with the form below.
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