The implementation of the new civil-union law in Illinois is leading to a showdown between Catholic Charities as a provider of adoption services for children and a state law that places the private interest of adults over the human rights of children. Catholic Charities will actually be put in jeopardy of lawsuits and losing public funds to serve the poor if they refuse to deprive children they serve of married mothers and fathers. How crazy is that?
Catholic Charities sought an exemption from the law for religious organizations as a matter of conscience, but the bill is bottled up in committee and not likely to pass before June 1, when the civil-union law takes effect. As the clock ticks down, the question remains as to whether Catholic Charities will be forced out of the adoption business in Illinois, as has been the case in Boston, San Francisco, Washington and other places.
To understand the issue, one must first consider who the client is when there is a child in need of adoption or foster care. Is this a service for the child or is it a service to adults seeking to acquire a child? The qualifications for the adoptive parents can be quite different depending on the answer to that question.
If the clients are the adults, the child then becomes a precious commodity. The qualification for the adoptive parent(s) is merely competence in parenting. However, if the client is the child, the process for qualifying the prospective parent is quite different, taking into account the human rights and dignity of the child.
First, let us consider the state of the child up for adoption — deprived of his or her mother and father who for some reason were not able to fulfill their responsibilities to the child. Nevertheless, the child carries the flesh of these people and is a witness to their union for all of eternity. The child has not only lost a very real primordial connection associated with his or her identity, but something that is common to every person without exception and important to human flourishing.
As the child grows in age, the awareness of loss increases. Not only the connection with the persons from whom the child originated is missing, but there are also questions about siblings, grandparents, aunts, uncles and cousins, medical history, sense of family history and ethnic and cultural heritage. The ability, as far as possible, for a child to know and be cared for by his or her mother and father is so precious that it is an internationally recognized human right specified in the “U.N. Convention on the Rights of the Child.”
Considering the child’s status, adoption is really an accommodation for this privation. It is an act of charity in which strangers make an irrevocable promise to love, to stand in for and to represent the man and woman who gave the child life and who were not able to fulfill their responsibilities. In this sense, they are not only taking on responsibility to the child, but also to the parents of the child.