The Adoption and Safe Families Act is Not Worth Saving: The Case for Repeal

This paper was written by Shanta Trivedi.

The controlling federal family regulation law, the Adoption and Safe Families Act of 1997 (“ASFA”), has long been criticized for unnecessarily terminating the rights of parents and leaving thousands of children in its wake without legal parents or any prospect for adoption. Critics highlight the irreparable destruction ASFA has caused to the Black community, and many suggest that this result is by design, not disproportionate impact. As a result, a growing movement of impacted parents, advocates, and scholars has called for ASFA’s total repeal.

This article draws on the work of these parents, advocates, and scholars to argue that a law whose foundation is built on inherently prejudicial policies cannot be repaired; it must be dismantled in its entirety.