The Adoption Market   Term Paper ID:27370 Click to get this paper

Essay Subject: Discusses the ramifications of deregulation the adoption market. Some pundits are endorsing the outright sale of children or, as they euphemize, the sale of parental rights.... More...

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Paper Abstract: Discusses the ramifications of deregulation the adoption market. Some pundits are endorsing the outright sale of children or, as they euphemize, the sale of parental rights. Paper Introduction: Adoption and Baby Selling The adoption market has been examined from a number of perspectives with an eye to reform and improvement and to provide a more socially beneficial structure to the placement of children. One issue that has been much discussed is baby-selling, which might also be designated as the "sale of parental rights," as Boudreaux (1995) prefers to call it. Richard Posner is one legal and economic theorist who has called for a change in the adoption rules to liberalize the process and make the process more in keeping with the demands of the marketplace, and others have taken up the same argument and called for a major shift in thinking regarding the way the adoption market is handled. Posner (1992) examines the legal protection of children and the proper role of the state in relation to children. He begins Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. "Evidence in O.C. Raising them requires sacrifice. Adoption is currently governed largely by state laws, andbirth mothers in all states and the District of Columbia are currentlybarred from selling their parental rights. One issue that has beenmuch discussed is baby-selling, which might also be designated as the "saleof parental rights," as Boudreaux (1995) prefers to call it. Posner also says the poor wouldprobably do better in a free market than they do today. He cites a series offacts to show that there is a market in babies for adoption which is atpresent a black market, and the fact that it is an underground market addsto the costs incurred by all participants. Maharaj, D. Allowing such contracting does not necessitate abandonment of other regulations on adoption. (1996, September 21). Posner, R. He finds that the reason whythis disparity exists is because courts lack economic sophistication. Boudreaux (1995)states, Children are costly in monetary as well as nonmonetary ways. State regulations also limit the ability of birth mothers andprospective parents to learn about or contact one another. References Boudreaux, D. (1992). Kristol (1992) reviewsone of Posner's books and notes that Posner addresses the question of how achild's interests could be protected in market of baby-selling by doing nomore than noting the inefficiencies and errors in the current highlyregulated adoption system. (1995, June 1). He begins with the assumptionthat the state desires to maximize the welfare of all its citizens,including children, and that the state has a stake in the development ofthe full potential of children once they reach adulthood. The fact that there is a black market in babies is shown by Maharaj(1996) in reporting on federal indictments against an internationaladoption ring which was purchasing babies from poor women for cash. Posner (1992) examines the legal protection of children and the properrole of the state in relation to children. Posner sees fewer andfewer children up for adoption because of improved contraception and thedecline in the stigma of being an unwed mother. Legal duties areimposed on parents to provide care and support for their children, andvarious social responses point to the fact that there is an underinvestmentin children's human capital. Surely such decisions are not immoral, unethical, or impersonal because they are made with economic concerns in mind (Boudreaux, 1995).Boudreaux further believes that the decision to take money for an adoptionshould not be stigmatized any more than the economic decision to have achild is. Boston: Little, Brownand Company. Laws forbidding these actions would apply just as they donow, however, and it would still be possible to screen for suchproclivities just as is done today. Second, it can be noted thatthose most willing to pay a high price for the child might value the childfor the wrong reasons, such as to subject it to sexual abuse or otherwiseto exploit it. baby-selling casetossed out." Los Angeles Times. Kristol, E. RichardPosner is one legal and economic theorist who has called for a change inthe adoption rules to liberalize the process and make the process more inkeeping with the demands of the marketplace, and others have taken up thesame argument and called for a major shift in thinking regarding the waythe adoption market is handled. Boudreaux (1995) agrees that there is a shortage of healthy whiteinfants today. . Courts will still have to sign off on each adoption, allowing judges to ensure the suitability of adoptive parents (Boudreaux, 1995). Kristol believes that Posner ignores therealities of the issue and has little understanding of the ramifications ofsexual politics. . The things sacrificed. "Book reviews." American Spectator. The costs and benefits of having children are inevitably weighed against each other, and decisions made accordingly. The demand for children toadopt is far greater than the supply, and one reason for the shortage, saysPosner, is government regulation, "in particular the state laws forbiddingthe sale of parental rights" (Posner, 1992, 151). They argue theirposition on economic grounds, but they try to account for moral objectionsby noting ways in which the current system has many of the same problemsand yet is accepted, while their proposed change is criticized for havingeven the possibility of a problem. Adoption and Baby Selling The adoption market has been examined from a number of perspectiveswith an eye to reform and improvement and to provide a more sociallybeneficial structure to the placement of children. Posner(1992) points out that while this practice is illegal, a closely-relatedpractice, surrogate motherhood, is legal. He and Posner both see clear benefits to adoptive parents, birthparents, children, and society in such a reformed system. . They can give away those rights,but they cannot sell them, and monetary compensation is allowed only forout-of-pocket medical expenses for the prenatal care and birth of thechild. A second solution is toallow the parents to put the child up for adoption, which allows the childto be transferred from the custody of people not likely to invest properlyin their upbringing to people more likely to do so. "A modest proposal to deregulate infantadoptions." CATO Journal. One solution is the threat of a fine or imprisonment for theparents of the child to assure that they do not neglect it. First, there is no assurancethat adoptive parents who would pay the most money would also provide thechild with the best home, but Posner says that those who value the childmost are likely to give it the most care. are what parents pay for children. Economic analysis of law. Removingchildren to a foster home is not a solution because the foster parents haveno property rights in the child's lifetime earnings, and though they may bepaid by the state to perform their duties, monitoring is a problem in thatfoster parents cannot be trusted by the state. (1992, May 1). Both Posner and Boudreaux emphasize the degree to which people makeeconomic decisions about having children all the time. Boudreaux callsfor a change in this system: Birth mothers should be allowed to contract freely with adoptive parents for the sale of parental rights in infants at whatever price they find mutually agreeable. . The problem Posner sees as in need ofattention is the neglected or unwanted child, a problem that needs asolution. There are those who would argue with Posner and others about thefeasibility or morality of baby-selling, however. Posner says the usual solution to such a situation would be theabolition of the price control that has brought the situation intoexistence, and here this would mean "allowing pregnant women to makebinding contracts to give up their children for adoption, with nolimitation as to the price specified in the contract" (Posner, 1992, 152).Certain objections can be raised to this. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.