Why is Adoption a State Issue?

Question

and not a Federal issue?

It's all confusing when things vary from State to State and the loopholes this opens up leave alot to be desired too

Genuinely curious, there must be a reason

Answer 1

I have wondered about this and even asked questions here.  So far, I still don't really understand why is is not a federal issue.  The closest I can come to an answer is that RECORDS are in the possession of the states.

Answer 2

A lot of it has to do with State's Rights which is always an issue in many things. Driver's License, all the insurance categories. Murder can only be tried by the States where as the Feds. control Civil Rights. Goes all the way back to the Civil War which was a big issue in the war. I do agree with you though. It should be Federally centralized since it is a Civil Rights Issue.

Answer 3

I think a little bit of all of these answers is correct.  Our government was founded by people escaping a king, hence it's organized to give power to the states and the local governments.  At the same time, JM1970 got it right.  States don't want to give up the power, federal government doesn't want to have to fund it.

Personally, I think this is one of the things that needs to be reformed about adoption.  There should absolutely be more transparency (no more secrets) and uniformity in the laws - like a mandatory federal wait period for mothers to sign TPR.  

But when we start talking about who is going to fund it? Who is in charge? How much more red tape will we need?  Who enforces? That's when it gets hard - and why so much remains wrong with so many things.

Answer 4

Because very few issues are Federal; almost everything is left up to the individual states. I'd have to get out a history book for the specifics but the Constitution outlines what the Federal government can control and it's a very small list.

Answer 5

Article 1 Section 8 of the U.S. Constitution lists the "enumerated powers" of the federal government. These include printing money, declaring war, taxes, patents, interstate commerce...basically the infrastructure to promote and protect property and business.

The Constitution further states that all powers not enumerated are the purview of States.  Adoption, education, drivers licenses, birth certificates are all examples of things left to States.  These are more daily life or people issues.

Answer 6

same reason g*y marriage should be a state issue.  every state is different and the backward states should be free to live their backward lives while the cool states should remain cool

Answer 7

Many of them seem to be handled through the local county.  Foreign adoptions may be different, but those usually need to be handled through an agency.

Answer 8

You know I don't know.  I do foster care adoptions and I can tell you some states are lax..."Got a pulse? Here's a kid!"  Ok, not that bad......

Also, some states require a parent to foster first, some don't.....some states are a TOTAL mess in their records...

For example, I had this case where the birth mom changed her name in between the birth of the child and the time the child was taken from her....so I had this termination order under the name of a woman with no children....I also had no termination order for the name on the birth certificate...it was a mess!

For those of you concerned about records and being able to research, this is a serious problem that happens all the time.

It is just something that falls under state guidelines not federal...my guess?  States don't want to give up any more power and Federal doesn't want to fund it.

Answer 9

The reason behind it is that our government was founded on the idea that no one part of the government  should have to much power.  Our constitution separates the government into three parts and it gives the federal government certain rights and the rest to the states.   Then each state has their own constitution that further divides the rights of the state verses the cities.  

If the federal government did try to come up with a national way to do  adoption.  The states that had different laws would oppose it take it to the supreme court and they would probably win and the law would become illegal because according to the constitution they don't have the right to impose those laws.  As someone stated they are only allowed certain rights