Adoption-The Case for More Options

Adoption is an American statutory invention of the mid-1800s which, for the most part, has remained unchanged to this day. In the 130 or so years since its creation, however, significant changes have taken place in family structure and in society. Today, the law of adoption fails to meet the needs of many children and adults living in substitute families. This Article proposes new options within the institution of adoption to meet today's social needs.

The first adoption statute was a uniform response to what must have appeared to be a single problem. Children, usually orphans, who were reared by friends, relatives and stepparents did not have the legal status of true children in their new families. Adoption was created to give them this legal status.