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11 Minn. L. Rev. 605 (1926-1927)
Jurisdictional and Social Aspects of Adoption

handle is hein.journals/mnlr11 and id is 607 raw text is: JURISDICTIONAL, SOCIAL ASPECTS OF ADOPTION 605 JURISDICTIONAL AND SOCIAL ASPECTS OF ADOPTION By JOSEPHa W. NEWBOLD* T HE adoption of children, having to do, as it does, with the question of the general interest in the individual life. is not receiving, apparently, the legislative and judicial attention which such a subject deserves. The clamor of classes for recog- nition of particular interests,--shipping interests, manufacturing interests, labor interests, is made by strong coperating organiza- tions maintained to force a continual recognition of their de- mands from the legislatures and courts. In this day of high pressure legislation and tremendous volume of litigation, it is natural that those demands which are most powerfully expressed are given first attention. There is no question but that the greater number of these demands are legitimate, and this fact, in itself, furnishes added weight to the claims of the various interests. Workable rules affecting the transportation of articles of commerce,. the manufacture of goods, the number of hours that an employee works, are engendered first in the minds of those most closely connected with transportation, manufacture and labor. These are the ones who appreciate the changes in conditions which make impossible the application of a rule of long standing. The first intimation of such a change seldom impresses the legislature or the court, but the insistence with which the claims are asserted gradually wears away the conserva- tive considerations opposing the change, and the demands are given judicial and legislative attention. The general interest in the individual life does not produce a demand of sufficient definite- ness and power to compete with the other more forcefully exerted claims. Adoption of children is a definite conception but does not have the sponsorship, and consequently, the consideration which a subject of such importance requires. As a result of this failure of legislative and judicial consideration, the adoption laws in the United States are (1) improperly interpreted. (2) in- adequate. Adoption laws are usually misinterpreted in two main aspects: (1) A failure on the part of judges to recognize the importance *Of the Mt. Pleasant. Iowa, Bar.

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