Perspective on Adoption

• Author: Felix Infausto
• Published date: 01 May 1969
• Date: 01 May 1969
• DOI: http://doi.org/10.1177/000271626938300102
• Subject Matter: Articles

1

Perspective

on

Adoption

By

FELIX

INFAUSTO

*

ABSTRACT:

Adoption

law

in

the

United

States

traces

its

origin

to

early

Roman

law.

Although

Roman

law

provided

for

adoption,

its

singular

purpose

was

to

provide

the

adopter

with

an

heir.

European

civil

law

carried

on

the

Roman

tradi-

tion

providing

that

only

persons

over

twenty-one

could

be

adopted

and

only

those

over

fifty

could

adopt.

Late

in

the

nineteenth

century,

the

United

States

formalized

its

adoption

law,

basing

its

procedural

aspects

on

Roman

law,

but

origi-

nating

the

social-conscience

aspect

of

adoption

which

man-

dated

that

the

adoption

be

in

the

best

interests

of

the

child.

The

cause

of

social-conscience

adoption

was

a

public

opinion

which

had

been

outraged

by

the

processes

of

indenture

and

the

binding

out

of

children.

Gradually,

the

states

enacted

legislation

providing

for

judicial

inquiry

and

social

investiga-

tion

to

ensure

that

the

child’s

interests

would

be

furthered

as

well

as

the

interests

of

the

adoptive

and

natural

parents.

Today,

enlightened

state

and

federal

statutes,

along

with

the

assistance

of

private

and

public

child-care

agencies,

have

elimi-

nated

many

of

the

gross

abuses

and

uncertainties

that

were

the

companions

of

the

adoptions

of

yesterday.

Felix

Infausto,

Albany,

New

York,

has

been

Counsel

to

the

New

York

State

Depart-

ment

of

Social

Services,

and

Secretary

to

that

state’s

Board

of

Social

Welfare,

since

1945.

He

is

President,

National

Association

of

Public

Welfare

Attorneys;

Vice-Chair-

man,

Division

on

Administration

of

the

American

Public

Welfare

Association;

and

Member

of

the

Executive

Committee,

National

Conference

on

Uniform

Reciprocal

Enforcement

of

Support,

sponsored

by

the

Council

of

State

Governments.

Mr.

Infausto

has

also

served

as

Chairman

of

the

Adoption

Committee

of

the

American

Bar

Association

and

as

Chairman

of

the

Child

Welfare

and

Adoption

Subcommittee

of

the

Advisory

Council

to

the

New

York

Joint

Legislative

Committee

on

Matrimonial

Laws.

*

With

the

able

assistance

of

David

R.

Merritt,

Esq.,

of

the

New

York

State

Department

of

Social

Services

and

Peter

A.

Jacobson

of

Albany

Law

School,

class

of

1969.