Document Type

Article

Publication Date

6-2024

Journal Title

University of Colorado Law Review

ISSN

0041-9516

Abstract

In Dobbs v. Jackson Women’s Health, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected: “States have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously; and that a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home.” Using adoption as an adequate substitute for abortion is a long-standing strategy for the antiabortion movement; but it is often embraced by pro-choice advocates as well. This position is supportable only if the realities of adoption are ignored in favor of mythologized notions of adoption as morally superior to abortion.

This piece explores the ambiguities in adoption, considering the issues of racism, patriarchy and poverty that drive children into the adoption system. It also discusses the history and philosophy literature that links adoption and abortion, and how those who favor access to abortion have ceded the morality issue to those who are antiabortion. The piece also examines the psychosocial literature about birth parents and adoptees that reveals the experiences of these members of the adoption triad, and uncovers the false premise that adoption compares favorably to abortion because it causes no harm. Overall, this piece critiques the ways in which adoption is sanitized to erase issues of gender, race and class, so as to present adoption as superior to abortion and thus justify ending abortion access.

First Page

1089

Last Page

1155

Num Pages

67

Volume Number

95

Issue Number

4

Publisher

University of Colorado

File Type

PDF

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