{"id":351546,"date":"2016-04-04T11:02:24","date_gmt":"2016-04-04T16:02:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/adoption\/adopting-a-child-from-a-different-race-ethnicity-or-culture.html"},"modified":"2023-07-18T10:50:08","modified_gmt":"2023-07-18T15:50:08","slug":"adopting-a-child-from-a-different-race-ethnicity-or-culture","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/adoption\/adopting-a-child-from-a-different-race-ethnicity-or-culture.html","title":{"rendered":"Transracial Adoptions"},"content":{"rendered":"\n
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Transracial Adoptions<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Transracial adoptions occur when a child is adopted into a family of a different race.  The Multiethnic Placement Act of 1994 has led to increased diversity in adoptions. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Decades ago, child welfare professionals believed it best to place children in same-race families. In their view, this was best for the adopted child’s identity development and self-esteem.<\/p>\r\n

One example is the Indian Child Welfare Act.<\/a> Under this Act, there is a preference for placing Native American children into adopted families with the same racial background. This Act has the best interests of American Indian (Native American) children in mind. One goal is to promote the stability and security of Native American tribes and families.<\/p>\r\n

Despite this effort to care for children’s cultural identities, the outcomes were severe for children of color. Children of color waited longer for adoption out of the foster care system than other children. This was especially true for African American children.<\/p>\r\n

Congress attempted to fix this with the Multiethnic Placement Act (MEPA) in 1994 (amended by the Interethnic Adoption Provisions of 1996). This child welfare legislation aimed to reduce the number of children in the foster-care system<\/a> waiting for adoption.<\/p>\r\n

This article will explore the legal issues that surround adopting a child of a different race, ethnicity, or cultural background.<\/p>\r\n

Multiethnic Placement Act<\/h2>\r\n

Adoptive parents have many choices when they decide to expand their families. One option is adopting a child of another race or ethnic background. Some prospective adoptive parents are confident they want to adopt a child who looks like them. Others are open to creating a multiracial, multiethnic, or multicultural family.<\/p>\r\n

Background<\/h3>\r\n

Discrimination with the child welfare system, including adoption, is illegal. It is unlikely that any racial classification would survive the strict scrutiny of the 14th Amendment’s Equal Protection Clause.<\/a><\/p>\r\n

Despite this, however, child welfare professionals once preferred to place children into adoptive families of the same race. Interracial adoptions were not always pursued. This meant that adoption professionals put white children with white families; Black children with Black families; and Hispanic children with Hispanic families.<\/p>\r\n

These policies reflected a few core beliefs, including:<\/p>\r\n