This pathfinder will deal with interracial/multiethnic adoptions and certain aspects of intercountry adoptions that overlap.

What is the process that we call adoption? Vernon's Texas Family Code Annotated section 162.301 gives definitions to components of this process:

Adoption assistance program - Means a written agreement, binding on the parties to the agreement, between the department and the prospective adoptive parents that specifies the nature and amount of any payment, services, or assistance to be provided under the agreement and stipulates that the agreement will remain in effect without regard to the state in which the prospective adoptive parents reside at any particular time.

Child - Means a child who cannot be placed for adoption with appropriate adoptive parents without the provision of adoptive assistance because of factors including ethnic background, age, membership in a minority or sibling group, the presence of a medical condition, or a physical, mental, or emotional disability.

One of the main rulings on intercountry adoptions was the Hague Conference On Private International Law Seventeenth Session, The Final Act. This convention from 1993 deals with the protection and co-operation in respect to intercountry adoption.

The objectives of the Convention are:
To establish safeguards to insure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law.

To establish a system of co-operation amongst Contracting States to insure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children.

To secure the recognition in Contracting States of adoptions made in accordance with the Convention.

One of the main issues of interracial/multiethnic and intercountry adoptions is whether the parents of the adopted child needs to be from the same race or ethnic background as the child being adopted. This issue is still being debated today.

1. Statues

a. Federal

42 U.S.C.S. s 5115a (West 1988).
42 U.S.C. s 5115a (West 1994). - These sections go into what are the prohibitions, permissible considerations, and definition of "Placement decision" of Multiethnic placements.

b. Texas

TEX. FAM. CODE. ANN. s 162.303 (West 1996).

2. Administrative Law

a. Federal
Principles of Child and Family Services 45 C.F.R. s 1355.30 (45). - Goes in-depth into which principles can help to reassure effective services for children, youth, and families.

b. Texas
25 TEX. ADMIN. CODE s 181.29 (West 1996). - This section sets guidelines for Texas residents who adopt children in foreign countries.

1. Encyclopedias
a. Federal
2 AM. JUR. 2D Adoption s 145 (1994). - This section states that child should be placed in a family having the same racial, religious, and cultural background under ordinary circumstances in light the problems with interracial adoptions.

b. Texas
39A TEX. JUR. III Family Law s 984 (1994). - Section states that court may not deny/delay adoption because of race/ethnicity of child or prospective adoptive parents.

2. Annotated Law Reports
a. A.L.R. - Subjects under this topic are under the section Adoption of Children.

3. Hornbooks and Monographs
a. The Law of Domestic Relations in the United States, Clark, Homer H. West Publishing Co. St. Paul, MN. 1988.

b. How to Adopt Internationally: A Guide for Agency-Directed and Independent Adoptions, Nelson-Erichsen, Jean and Nelson-Erichsen, Heino. Mesa House Publishing, 1997.

4. Articles

a. Randall L. Kennedy, Yes, race matching is horrendous, Interracial Adoption: Is the Multiethnic Placement Act Flawed? ABA Journal, April 1995, at 44.

b. Moseley-Braun, Carol, No, cultural heritage is important, Interracial Adoption: Is the Multiethnic Placement Act Flawed? ABA Journal, April 1995, at 45. - These two authors take opposing sides as to the validity of the Multiethnic Placement Act.

5. Internet

a. Association of Black Social Workers (visited May 10, 1998)
<http://www.greatinfo.com/absw/support.html> - Organization that offers extensive adoption services and aids. Major goals of ABSW are: recruit/evaluate adoptive homes for African-American and Latino children, educate the community about the plight of thousands of children who need permanent, adoptive homes, and lobby to change state laws/child welfare agency policies which make it hard for minority families to adopt.

b. Department of Justice (last modified Jan. 8, 1997)
<http://www.usdoj.gov/jmd/ps/adoption.htm> - The department of Justice allows their employees to use sick leave if necessary for the adoption of a child.

c. Holt International Children's Services (last modified Dec. 3, 1997)
<http://www.holtintl.org/> - Well known international non-profit adoption agency. Currently Holt has programs in eleven countries internationally and in all 50 states through a network of direct local adoption service agencies.

d. O'Neil & Widelock - Adoption Attorneys (visited April 30, 1998)
<http://www.thestork.com/index.htm> - Very informative site, especially under the "INFO YOU SHOULD KNOW" section: how to obtain tax credit for adoption expenses (in this case applies to California), positive adoption language, and selected bibliographies on adult and children's books on adoption.

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