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Sidelining
Stability and Security
The case against abandoning the
current grounds for adoption
© The Christian Institute June 2002
Contents
Introduction
The
legal grounds for adoption
Why marriage is the basis for adoption
Single person adoption
For and against changing the grounds for adoption
Questions for prospective adoptive parents
Benefits of marriage for children
Cohabitation - a transitory arrangement
Gay adoption
Gay adoption "research"
The best interests of children
Conclusion
References
Introduction
The Prime Minister is right to say that too often in the past adoption has been seen as a last resort.(1) Although the number of children adopted out of care has risen since the Prime Minister declared his interest in the issue (1,900 in 1997 rising to 3,100 in 2001)(2), maybe as many as 10,000 children in care could be adopted successfully. There are over 10 million married couples in England and Wales. Why does this massive potential source of adopters remain barely touched?
Research shows that children in care are far more likely to have no educational qualifications, to commit crime, become homeless and, in the case of girls, to become teenage mothers.(3a) In addition there have been many high profile child abuse scandals in childrens homes. For all these reasons the Government is determined to increase the number of children adopted from care. Adoption must be made simpler and there should be more support for adoptive parents. These moves have been widely welcomed.
However, some MPs, adoption agencies and gay rights groups have an additional agenda. They believe that the grounds for adoption should be changed so that homosexual and unmarried couples are legally permitted to jointly adopt children. But the Office for National Statistics has found that cohabiting couples are six and a half times more likely to split up after the birth of a child than a married couple.(3b)
Adoption law must protect children. The law must be based on what is generally the case, not on exceptions which break the rule. There may be 12 year old boys and girls who would be capable of driving a car or sitting as a magistrate. Such children would be wholly exceptional. The risks of allowing all 12 year olds to drive cars or sit on the magistrates bench are far too great for society to permit it. Children need stability and security. All the research shows that by a long way married families are most likely to provide this. The governments adoption law review reached this conclusion. Changing the law would put children at risk.
The legal grounds for adoption
Most Western countries only allow married couples or single people to adopt. Legal challenges to this under the European Convention on Human Rights have all failed even as recently as February 2002.
Top
Why marriage is the basis for adoption
Marriage
is popular. Most people marry and most marriages last for life.
The vast majority of children, around 71 per cent, live in a household
headed by a married couple.(12)
Children need a father and a mother. They need both complementary role models. They also need the stability and security that are provided when their parents commit themselves to each other for life.
Children need a father and mother as committed to each other as they are to them.(13) Only married couples have made a public and legal commitment to each other for life. That is why only married couples can jointly adopt.
Social science research shows that children do best when they are raised by married parents.
A
H Halsey is Emeritus Professor of Social Policy at Nuffield College,
Oxford and co-author of English Ethical Socialism. He summarises
the research as follows:
No one can deny that divorce, separation,
birth outside marriage and one-parent families as well as cohabitation
and extra-marital sexual intercourse have increased rapidly. Many
applaud these freedoms. But what should be universally acknowledged
is that the children of parents who do not follow the traditional
norm (i.e. taking on personal, active and long-term responsibility
for the social upbringing of the children they generate) are thereby
disadvantaged in many major aspects of their chances of living a
successful life. On the evidence available such children tend to
die earlier, to have more illness, to do less well at school, to
exist at a lower level of nutrition, comfort and conviviality, to
suffer more unemployment, to be more prone to deviance and crime,
and finally to repeat the cycle of unstable parenting from which
they themselves have suffered... The evidence all points in the
same direction, is formidable, and tallies with common sense.(14)
Life-long and loving marriage is the ideal context in which to raise children. As the Government has stated Marriage is still the surest foundation for raising children and remains the choice of the majority of people in Britain.(15)
Adoption
cannot undo the past. What it can do is to provide substitute parents
who are as near to the ideal as possible. So when it comes to adoption,
marriage is in practice the norm. This is why some 95 per cent of
all adoptions are by a married couple.(16)
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Single
person adoption
Only 5 per cent of all adoptions are by single people.(17) Where a young person finds it very difficult to relate to two carers, perhaps because of abuse or multiple foster placements, single person adoption may be the answer.
There have been some cases where local authorities have placed a child for adoption with a single person in the knowledge that he or she is actually cohabiting with someone. This subverts the intention of the law.
This technique is sometimes used to allow adoption by a homosexual couple. It is difficult to quantify exactly how many such cases there have been. According to press reports citing a Cardiff University study, in 1998 there were only three such adoptions by homosexual couples.(18)
British Social Attitudes has found that 84 per cent of the public are against homosexual men adopting children.(19) There appears to be no gay rights measure so unpopular with the public as homosexual adoption.
In
fact, same-sex couple households are very rare. According to Government
statistics same-sex households comprise only 0.2 per cent of all
households.(20)
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For and against changing the grounds for adoption
For
It does not really matter what the configuration of the people
is. It is the quality of the relationship with the prospective parents
that matters.(21)
Susanna Cheal, Chief Executive of the Who Cares? Trust
Couples
choose not to marry for a variety of reasons, including beliefs
or circumstances that prevent them from doing so. However, if the
adoption is appropriate for the child, it should go ahead, regardless
of the reason why the couple have not married.(22)
Jonathan Shaw MP
Children
need parents who love them and whether that is two parents, three
parents or four parents, heterosexual or gay, makes no difference.(23)
Ali Jarvis, Stonewall Scotland
I
think the central issue is the family. I want to see lesbians and
gay men reclaiming the idea of the family. We all come from families,
and I believe the vast majority of us aspire to create our own families.
We are family and we know that families do indeed come in all shapes
and sizes.(24)
Angela Mason, Director of Stonewall
Against
Im not in favour of gay couples seeking to adopt children
because I question whether that is the right start in life. We should
not see children as trophies.
Children,
in my judgement, and I think its the judgement of almost everyone
including single parents, are best brought up where you have two
natural parents in a stable relationship. Theres no question
about that. What we know from the evidence is that, generally speaking,
that stability is more likely to occur where the parents are married
than where they are not.(25)
The Rt Hon Jack Straw MP
The
adoption law review, when considering this issue, concluded that
joint adoption should remain limited to married couples on the grounds
that adoption by a married couple was more likely to provide the
stability and security that the child needed because married couples
have made a joint, publicly recognised, legal commitment to each
other. In addition, marriage provides for mutual legal and financial
obligations, and importantly in the event of divorce, the couple
must be prepared to have plans for the future of their children
scrutinised by the courts. There is no provision in law to protect
the childs interests when unmarried couples separate.(26)
Jacqui Smith MP, Minister of State, Department of Health
why
then would [a cohabiting couple] not see not necessarily
in church but under the law defining their relationship in
terms of a more public, legal contract as being a precursor to actually
adopting a child?(27)
Caroline Flint MP
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Questions for prospective adoptive parents
Social workers have to meet with would-be adoptive parents to assess their suitability. The following questions are fairly typical of those asked. Good practice dictates that they are asked dispassionately:
Asking the questions of married,unmarried and homosexual couples
Are you in a happy and satisfactory relationship that is going to endure?
Will the family be isolated, or are close relatives (grandparents/aunts/uncles) willing to offer support and encouragement?
Are you ready to change your previous lifestyle? Do you realise that it will not be easy? What is your motivation in applying to adopt a child?
Are
you in good health? What is your life expectancy?
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Benefits of marriage for children
The Governments adoption review said that marriage, above all other relationships, provides stability and security for children.(37) The evidence backs it up. On a range of social indicators the children of married couples generally have much better outcomes in life. In general they:
...have better health
...do better at school
...are safer from child abuse
...have fewer behavioural problems
...are less likely to have had under-age sex
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Contrasting marriage and cohabitation
There is a great paucity of studies on adoption by unmarried cohabiting couples. Getting together a suitable sample of people to assess is very difficult. The next best thing is to look at the evidence on children raised by their natural cohabiting parents.
Here are some examples:
Cohabitation a transitory arrangement
Living together doesnt last long
The study Seven years in the lives of British Families was based on data from the British Household Panel Survey, in which 10,000 adults were interviewed every year between 1991 and 1997. The study concluded that cohabitation is essentially a transitory arrangement: Cohabiting unions last only a short time before being converted into marriage or dissolving: their median length is about two years.(48)
The study found that 60 per cent of cohabitations turned into marriage.(49) But of the rest, very few endured. Of the remaining cohabitations, 83 per cent broke up within 10 years.(50) In contrast 60 per cent of marriages last for life.(51a)
But what happens to those cohabiting couples who have a child and never marry? An Office for National Statistics study found that 52% of cohabiting couples had split up 5 years after the birth of the child, whereas only 8% of married couples had done so. This makes cohabiting couples six and a half times more likely to split up after the birth of a child than a married couple.(51b)
Some might say that unmarried adoption is OK because the majority of cohabitees marry anyway. But even if cohabitees do get married, which is a good thing, there are still much greater risks of instability. The General Household Survey has found that those who cohabit before marriage are 60 per cent more likely to have divorced after eight years of marriage.(52)
The
largest and most detailed study to date on sexual behaviour in the
UK concluded that:
it is striking that cohabitation
does not appear to exert any strong influence on monogamy.(53)
Top
Choosing not to marry
The option to marry is always open to heterosexual cohabitees, but by definition they have freely chosen not to marry. As Ruth Deech, Principal of St Annes College, Oxford has said:
A unique commitment is made by those who marry and not, as they are well aware, by those who refrain from marrying, and no amount of emphasis on the similarities between spouses and cohabitants can obscure the difference, one of the most fundamental in human existence.(54)
Cohabiting couples want complete freedom to leave their relationship. This is why they choose not to marry. But children need to be raised within a secure relationship. Adopted children in particular should not be given over to a life lived in flux.
The writers of Seven years in the lives of British Families concluded:
While cohabitation is widely seen as a preliminary or as an alternative to marriage, it often turns out to be a temporary relationship...Where children are involved, though, it may be a mistake to regard cohabitation as a more modern form of joint parenting, a marriage without a licence. The BHPS analysis shows that children born to cohabiting parents are much more likely to see their parents split up, and much more likely to experience a period in a one-parent family, than children born within marriage. The rise in cohabitation is implicated in the increasing prevalence of lone-parenthood, and hence in the growth of child poverty...(55) [emphasis in the original]
Despite repeated assertions to the contrary, many studies indicate significant differences between homosexual and heterosexual parenting outcomes for children, particularly the likelihood that children of homosexuals may become involved in homosexual behaviour themselves.
The children of homosexual parents often suffer from gender confusion and relationship problems.
The children of homosexual parents tend to be loners and to have difficulty at school.
Homosexual parents and their children are often not accepted by other homosexuals.
It is cruel deliberately to deny children a mother or a father.
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Gay adoption research
There have been a number of high profile claims that research shows homosexuals and lesbians are just as good at parenting as heterosexuals - if not better. In fact, there has been little real research in this area, especially in relation to adoption itself. Often the claims are just advocacy parading as research.
The fact is, there is not a single published comparative study on the effects of homosexual foster care or adoption. Advocates of gay adoption can only cite studies on homosexual parenting. (A typical example of homosexual parenting would be where a married woman leaves her husband for another woman and takes the children with her into the new relationship.)
In studies looking at same-sex parenting, recognised standards of research are often ignored in order to prove that homosexuals are fit parents.
Studies often rely on very small sample sizes and use them to produce far-reaching conclusions.
Some
pro-gay researchers argue that gay adoption should go ahead despite
the lack of evidence in support of it. Stacy and Biblarz put it
this way: [T]he case for granting equal rights to nonheterosexual
parents should not require finding their children to be identical
to those reared by heterosexuals. Nor should it require finding
that such children do not encounter distinctive challenges or risks...(77)
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The best interests of children
The phrase the best interests of children is currently much bandied about. The long-standing commitment that adoption should be for the benefit of the child rather than the benefit of the adopting adult is threatened by moves to allow unmarried couples and homosexual partners to adopt. To allow any configuration of adults to adopt a child just because they think they should have a right to is a flagrant rejection of the very Judaeo-Christian beliefs which pioneered adoption and fostering in the UK in the first place.
In pagan and ancient cultures adoption was for passing on inheritance and the maintenance of the family line. According to this view, adoption is solely for the interests of the adopting adult, not the child. Elizabeth Cole and Kathryn Donley conclude that in early history:
the primary purpose of adoption was to serve adult interests rather than child interests. If a child benefited it was a secondary gain. Certainly the concept of the best interests of the child was not paramount, if indeed it was given any weight at all. Most European countries, with the exception of England, built their law upon the Roman and later Napoleonic codes. (78)
As Cole and Donley point out, England and later the United States followed a different route. Adoption in England followed more closely to the Christian model where the primary motive for adoption was to benefit the adopted child.
Although there was no actual legislation until 1926, adoption had previously been informally carried out between families with the courts recognising what had already taken place.(79) English law was slow to tackle the issue of inheritance and only did so because of the need to protect the adoptee.(80)
In the 18th and 19th centuries Christians set up many orphanages. Dr Barnardo is well known for his work with childrens homes. It is less well known that he enthusiastically set up what were known as boarding-out schemes. These pioneered the shift away from residential child care to large-scale adoption. In 1904 he said:
Still, although our families [childrens homes] are so good there is something better boarding-out, because it gives them the natural instead of the artificial, and then it gives the family instead of the institution. He setteth the solitary in families, [Psalm 68:6] and we cannot do better than imitate the Divine order and let every child who can be brought up in a family be so brought up, and give it family life, and family love (81)
In Christian understanding the ordering of the family is based on marriage. It is solely to married couples that the responsibility of procreation is given.(82) Dr Barnardo believed that children are to be set in families, in the same way that God himself welcomes into his family those who trust in Jesus Christ.
The concept of adoption runs deep in Christian theology. So much so, in fact, that believers are called joint-heirs with Christ Gods own son. (83) Christian believers are privileged to be called sons and daughters adopted into Gods family.
Christians are to love their neighbour. It is because Christians are themselves beneficiaries of Gods adoption that Christians have a very strong motive to love children in need. The Bible commends caring for widows and orphans as pure and faultless religion. (84)
Adoption
should be for the benefit of children not for the benefit of adults.
Top
In the Governments own words, marriage is still the surest foundation for raising children.(85) Marriage involves a public undertaking to stay together for life, come rain or shine. That is a considerable undertaking. It requires both parties to act with forethought, with responsibility and with commitment. It is precisely because marriage requires these qualities that it is so stable and secure and the best environment to adopt children.
There
is no case to change the law.
Top
References
1 Foreword to Adoption, Prime Ministers
Review Issued for Consultation, A Performance and Innovation
Unit Report, July 2000, see http://www.cabinet-office.gov.uk/innovation/2000/adoption/html/foreword.htm
as at 30 May 2002
2 Children Looked After by Local Authorities
Year Ending March 2001, England, Department of Health,
2002, page 51
3a Adoption: a New Approach, A White Paper,
The Department for Health, Cm 5017, December 2000, page 14
3b Kiernan, K, Childbearing Outside Marriage
in Western Europe, Population Trends, 98, Winter 1999,
Office for National Statistics, The Stationery Office, page 19
4 Adoption Act 1976, section 14
5 Surveying Adoption: A Comprehensive Analysis
of Local Authority Adoptions 1998-1999, BAAF, 2000, page 88
6 Adoption Act 1976, section 15 and Loc cit
7 European Convention on the Adoption of Children,
Article 6(1) see http://eurochild.gla.ac.uk/Documents/CoE/Treaties/ETS_no_58.htm
and http://www.doh.gov.uk/adoption/law.htm as at 6 March 2002
8 Frette v. France 2002, The European Court of Human
Rights, 36515/97
9 Loc cit
10 Press Release by the Registrar of The European
Court of Human Rights, 26 February 2002 see http://www.echr.coe.int/Eng/Press/2002/feb/Frettéjudepress.htm
11 House of Commons Special Standing Committee
Adoption and Children Bill, Hansard, 20 November 2001, col.
31
12 House of Commons, Hansard, 11 May 2001, col.
435 wa
13 See Arkes, H, Homosexuality and the Law,
in Wolfe, C (Ed.) Homosexuality and American Public Life,
Spence, 1999, page 177
14 Halsey, A H, in Dennis, N and Erdos, G, Families
Without Fatherhood, IEA, 1993, page xii
15 Supporting Families (Green Paper), The Home
Office, 1998, page 4, paragraph 8
16 Surveying Adoption: A Comprehensive Analysis
of Local Authority Adoptions 1998-1999, Op cit, page 88
17 Loc cit
18 The Sunday Times, 23 April 2000; The
Express, 24 April 2000; The Mirror, 24 April 2000;
The Sunday Times, 10 March 2002
19 Jowell, R et al, British Social Attitudes
(The 11th Report), Dartmouth Publishing, 1994, page 196
20 House of Commons, Hansard, 11 May 2000, col.
471 wa
21 House of Commons Special Standing Committee
Adoption and Children Bill, Hansard, 21 November 2001 (Morning),
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22 House of Commons Special Standing Committee
Adoption and Children Bill, Hansard, 29 November 2001 (Afternoon),
col. 386
23 See http://news.bbc.co.uk/hi/english/uk/scotland/newsid_1859000/1859973.stm
as at 11 March 2002
24 See http://www.stonewallvote.org.uk/partnershipintro_angela.htm
25 The Rt Hon Jack Straw MP, speaking on the Today
Programme, BBC Radio 4, 4 November 1998
26 House of Commons Special Standing Committee
Adoption and Children Bill, Hansard, 29 November 2001 (Afternoon),
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27 Adoption and Children Bill Minutes of
Evidence, 1 May 2001, question 106
28 Weatherburn, P et al The Sexual Lifestyles
of Gay and Bisexual Men in England and Wales, HMSO, 1992, page
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29 Hickson, F C I et al Maintenance of Open
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351 with Table 10.2A and Table 10.4
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32 Morgan, P, Children as trophies?, The
Christian Institute, 2002, pages 108-109
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34 Donkin, A, Does Living Alone Damage Mens
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35 Hogg, R S et al, Modelling the Impact
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36 Record (Northern New Jersey), 7 July
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37 House of Commons Special Standing Committee
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38 Schuman, J, Childhood, Infant and Perinatal
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40 McLanahan, S and Sandefur G, Growing Up with
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41 Hetherington, M E and Clingempeel, W G, Coping
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42 Whelan, R, Broken Homes and Battered Children:
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43 Nelson S, Clark, R L and Acs, G, Beyond
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Research Report No 153, 2001, page 21
46 Morgan, P, Marriage-Lite, Op cit, page
45
47 Loc cit
48 Berthoud, R and Gershuny, J (Eds.), Seven
Years in the Lives of British Families, Policy Press, 2000,
page 39
49 Loc cit
50 Ibid, page 29
51a Population Trends, 83, Spring 1996, OPCS,
pages 25-36
51b Kiernan, K, Op cit, page 19
52 Social Trends, 24, 1994, HMSO, page 38
53 Johnson, A, et al Sexual Attitudes and Lifestyles,
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54 Deech, R, The Case Against the Legal Recognition
of Cohabitation, in Eekelaar, J M, and Katz, S N (Eds.), Marriage
and Cohabitation in Contemporary Societies, Butterworths, 1980,
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55 Berthoud, R and Gershuny, J (Eds.), Op cit,
page 221
56 Miller, B, Gay Fathers and their Children,
The Family Coordinator, 28, 1979, pages 546-547
57 Gottman, J S, Children of Gay and Lesbian
Parents, in Bozett, F W and Sussman, M B (Eds.) Homosexuality
and Family Relations, The Haworth Press, New York, 1990, page
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58 Johnson, A M, Wadsworth, J et al in Nature (360)
411, 3 December 1992 and Wellings, K et al, Sexual Behaviour
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59 Smith, T Adult Sexual Partners in 1989: Number
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60 Golombok, S and Tasker, F, Do Parents
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61 For example, see Stacey, J and Biblarz, T J,
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62 Hoeffer, B, Childrens Acquisition
of Sex-Role Behavior, American Journal of Orthopsychiatry,
51, 1981, pages 536-543; and Hoeffer, B, Lesbian and Heterosexual
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of Sex-Role Traits and Behavior, Dissertation, University
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63 Wyers, N L, Homosexuality in the Family:
Lesbian and Gay Spouses, Social Work, 32(2), 1987,
page 146
64 Sarantakos, S, Children in Three Contexts,
Op cit, page 25
65 Loc cit
66 Massow, I, Gay Tories, thats one thing.
But gay dads?, The Observer, 31 October 1999
67 Editorial Essay in Lesbian and Gay Fostering
and Adoption- Extraordinary Yet Ordinary, Hicks, S and McDermott,
J (Eds.), Jessica Kingsley Publishers, 1999, page 156
68 Lott-Whitehead L and Tully, C T, The Family
Lives of Lesbian Mothers, Smith College Studies in Social
Work 63, 1993, page 273
69 Lott-Whitehead, L and Tully, C T, The
Family Lives of Lesbian Mothers, in Laird J (Ed.) Lesbians
and Lesbian Families, Columbia University Press, New York, 1999,
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70 Morgan, P, Children as trophies?,
Op cit, pages 108-109
71 Barrett, H and Tasker, F, Growing up with
a Gay Parent: Views of 101 Gay Fathers on their Sons and Daughters
Experiences, Educational and Child Psychology, 18(1),
2001, page 74
72 Morgan, P, Children as trophies?, Op
cit, page 56
73 Ibid, pages 50-51
74 Miller, B, Op cit, pages 544-552
75 Tasker, F and Golombok, S, Adults Raised
as Children in Lesbian Families, American Journal of Orthopsychiatry,
65(2), 1995, pages 203-215
76 Dunne, G, The Different Dimensions of Gay
Fatherhood: Exploding the Myths, London School of Economics
Discussion Paper Series, January 2000, page 4 and Scotland on
Sunday, 9 January 2000
77 Stacey, J and Biblarz, T J, Op cit, page
178
78 Cole, E and Donley, K S, History, Values
and Placement Policy Issues in Adoption in Brodzinsky, D M
and Schechter, M D (Eds.) The Psychology of Adoption, Oxford
University Press, 1990, page 274
79 Hoggett, B, Adoption Law: an Overview
in Bean, P (Ed.) Adoption Essays in Social Policy, Law
and Sociology, Tavistock Publications, 1984, page 132
80 Cole, E and Donley Op Cit, pages 274-275
81 Mrs. Barnardo and Marchant, J, The Memoirs
of the late Dr. Barnardo, Hodder and Stoughton, 1907, page 196
82 Genesis 1:28 and 2:23-24
83 Romans 8:16-17
84 James 1:27
85 Supporting Families, Op cit, page 4
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