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ASFA was enacted in a bipartisan manner to correct problems inherent within the foster care system that deterred adoption and led to foster care drift. Many of these problems had stemmed from an earlier bill, the Adoption Assistance and Child Welfare Act of 1980, [1] although they had not been anticipated when that law was passed, as states decided to interpret that law as requiring biological ...
Independently-arranged adoptions can reduce costs by staying in-state, sharing prenatal and child birth medical costs with the birth parents, finding a birth parent by word-of-mouth or by offer to avoid shopping for an adoption-willing parent. Private adoption agencies are the most expensive option, with an average cost of $42,337.
The law made numerous changes to the child welfare system, mostly to Title IV-E of the Social Security Act, which covers federal payments to states for foster care and adoption assistance. According to child welfare experts and advocates, the law made the most significant federal improvements to the child welfare system in over a decade. [2]
As of 2021, each state is able to make its own laws about LGBTQ discrimination in foster care, second-parent adoption, and parental presumption in same-sex relationships. Many states continue to explicitly allow discrimination within the foster care system and adoption placement or have no laws to prevent discrimination.
The lawsuit against the state challenges a 2020 law that installed legal protections for private adoption agencies to reject state-funded placement of children to parents based on religious beliefs.
In 2020, there were 407,493 children in foster care in the United States. [14] 45% were in non-relative foster homes, 34% were in relative foster homes, 6% in institutions, 4% in group homes, 4% on trial home visits (where the child returns home while under state supervision), 4% in pre-adoptive homes, 1% had run away, and 2% in supervised independent living. [14]
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