Did the Supreme Court Decision Affect Adoptions in the U.S.?

Many proponents of tighter abortion control argued that an increase in unwanted pregnancies would lead to more adoptions. More than a year after the Supreme Court’s Dobbs decision on June 24, 2022, it remains unclear whether that is true and whether there have been negative impacts. New Jersey adoption lawyers note that there are many difficulties not only in assessing the data but also collecting it.

What the Case Was About

The Dobbs decision is a ruling by the U.S. Supreme Court that the U.S. Constitution does not confer a right to abortion. The decision overruled two notable other decisions: Roe v. Wade in 1973 and Planned Parenthood v. Casey in 1992. With this ruling, control over abortion returned to the states. Many states immediately enacted new laws restricting or prohibiting abortion, and some dormant laws once again became active.

New Jersey’s Response

Anticipating the decision to overturn Roe v. Wade, New Jersey Gov. Phil Murphy signed the Freedom of Reproductive Choice Act into law in January 2021. This law provides women in the state a legal right to abortion.

No Requirement for Domestic Adoption Data

One of the great challenges in assessing how the Dobbs decision affected adoptions in the U.S.—including something as seemingly simple as determining whether the adoption rate is rising or falling—is that there is no requirement for states to report infant abortion data publicly or even aggregate it. That means that we need to rely on adoption agencies and other sources that choose to share their data. Another component that makes this difficult is estimating the number of women who choose to parent their children rather than give them up for adoption.

Depends Upon Who You Ask

The reality is that we may be years out from being able to look back on the available data and have a clear picture. Even in the states that have recently enacted stringent abortion laws, there has been great variance according to the National Council for Adoption. In Texas, for instance, where the laws are among the strictest, some agencies have reported an increase in adoptions as high as 30% while others in the area have reported little to no change. The Gladney Center for Adoption in Texas, which is one of the agencies to report a 30% increase, also stated that inquires by women about putting children up for adoption have increased by 55%.

The COVID Effect

New Jersey adoption lawyers and other observers warn that we must consider these numbers within the context of the pandemic. In 2019 and 2020, domestic adoptions fell 24% nationwide, so some increase in rates is expected regardless of the Dobbs decision.

Other Effects of the Decision

Twelve states now ban abortions as early as six weeks. That has resulted in a very small window in which women can make the choice between abortion and adoption. According to ACF Adoptions in Florida, the typical call to learn about adoption happened in the second trimester, but the agency is now receiving many more calls from women four and five weeks pregnant.

Another concern is whether more babies with medical challenges will be put up for adoption. Adoption experts fear that if the number increases by 25% or more, then there will not be enough families for these babies. Many are also concerned that predatory baby brokers will become more problematic as there will be more vulnerable women available for them to exploit.

Legal Assistance for Both Birth and Adoptive Parents

If you need legal assistance because you want to adopt or are considering putting a child up for adoption, the law firm of Cofsky & Zeidman would like to help. Donald C. Cofsky is a New Jersey adoption lawyer who has personally handled more than 1,500 adoption proceedings. To set up a consultation, contact us online or call us in Haddonfield at (856) 429-5005, in Woodbury at (856) 845-2555, or in Philadelphia at (215) 563-2150.