The Inapplicability of Market Theory to Adoptions

Tamar Frankel, Boston University School of Law
Frances H. Miller, Boston University School of Law


Judge Posner addresses an important issue. More than 130,000 couples in this country want to adopt children, and plenty are available. But most couples want healthy, white infants, and those children are in short supply. To get the child of their choice, these couples are forced to pay large sums of money to intermediaries. On the other hand, many unwed, teenage women face unwanted pregnancies. Many of them opt for abortion, which is relatively inexpensive, or for carrying to term and raising the children themselves, which is governmentally subsidized. But few of these women choose to have the child and give it up for adoption, in part because there is no financial incentive to do so. Judge Posner aims to change that.