Adoption and the Right to Culture
摘要
Family law institutions often presuppose (or overtly claim) that transcultural adoptees ought to be socialized into the culture of their birth parents, and that this moral entitlement should guide the placement of children in adoptive homes. In this paper, I argue that this discourse of genealogical heritage mischaracterizes the moral rights of adopted children. Transcultural adoptees do not have a right to inherit a particular culture that is antecedently ‘theirs’; rather, they (like all children) have a right to cultural belonging. Cultural belonging is achieved when a person’s identity is validated by the cultural concepts that organize her life. Understanding transcultural adoptees’ cultural entitlement as a right to cultural belonging captures the kernel of truth in the talk of genealogical heritage. Like all children, transculturally adopted children have a right to be socialized into a culture that embraces them rather than excluding or stigmatizing them, but unlike most children, transcultural adoptees face a heightened risk of cultural exclusion and stigmatization.