Date Received: 14/ JUNE/ 2010
Essay Title: The Morality of Adoption
THE MORALITY OF ADOPTION
Adoption is a legal procedure that establishes a filial paternal or maternal relationship between people who are not biologically related. The primary objective of adoption is to provide a family to homeless children; this new family unit must protect and offerwelfare, support and stability to them. Nowadays, adoption still has an important moral significance, and it is approved only for heterosexual couples in the majority of countries. Due to this, numerous homosexual partners have been employing Assisted Reproduction Techniques [ART] to find the opportunity to look after and raise a child. The use of these methods, despite having identical factualconsequences, is not controlled by authorities with the same severity and rigorousness as the adoption process. Accordingly, adoption should be authorized to homosexual couples, because it not only examines the suitability of the adoptive parents guaranteeing a stable family for the child, but also because it is highly controlled as well as regulated by governments. To develop this issue, this essay willanalyse the requirements, objectives and the moral influence of adoption. Additionally, it will study the concept of preferred family and the reasons why adoption has been proscribed to homosexual couples. Finally, the concept and effects of procreative liberty will be explored, particularly the manner in which they influence the way homosexual families are formed.
Humanitarian awarenessand a duty to global solidarity to orphan children emerged after the two World Wars, provoking a redefinition of the purposes of adoption. Since that moment, and considering the family as the natural environment for the growth and well-being of an infant, adoption has been described as a measure to protect and supply harmonious development to children who have an insecure domestic context(Allen, 2008).
According to the United Nations Convention of the Rights of the Child [UNCRC], Nations shall ensure that the child’s interest be the supreme consideration in their adoption’s systems (UNCRC, 2001). In other words, the child’s interest must have priority over any other ambition, predominantly those of their birth and/or eventual parents; because, the central aim of adoption isto “provide a child with a family, not a family with a child” (European Commission of Human Rights, as cited in Allen, 2008:25). To follow these principles, governments, specifically their adoption institutions, have to analyze carefully if the individuals who will adopt can proffer to an infant the most appropriate home in every aspect. (Allen A., 2008)
Boéchat (2006) describes the bestinterest of the child as the government´s responsibility to implement policies, laws, procedures and measures that ensure to adopted children their physical, emotional, educational as well as social development. In order to achieve this, the adoption process must be based on reliable information; must analyse psychological, medical, economic, social and legal study of the child, their biologicalfamily and their potential new parents; must be supported on valid laws and procedures; must be conducted by multi-disciplinary, public and competent authorities; must be founded on technical reports prepared by experts (social workers, psychologists, medical doctors, lawyers); and, must be executed following judicial guarantees for the individuals implicated (predominantly the child who has theright to be heard and express their feelings in all the stages of the process). The object of all of this research is to identify the children’s needs and the most suitable environment for them, by forming the clearest image of the strengths and weaknesses of the infant and their birth family.
In relation to the adoption´s requirements, specifically the condition of basing the verdict on...