Patriarchy and the Law of Adoption: Beneath the Best Interests of the Child

Abstract

This article explores the nature of adoption, its history and how it has evolved into the current system of Canadian adoption law. Originally adoption existed to serve the interests of the adopting family. Over time there was a shift in attitude, such that adoption was intended to serve the best interests of the child The author questions the current state of the law, its practices and whether it really serves those whom it is intended to serve. The article critically examines the nuclear family, which the author asserts is at the heart of Canadian adoption law. Finally, there is a brief presentation of psychoanalytic theories of child development which includes an examination of Freud, attachment theory and feminist analysis. This discussion helps both to explain the current system and to challenge its validity. The author raises important questions about the current state of adoption law and its foundations.