Legal placement for adoption: a right for children or punishment for Black women?

Abstract

This study aims to reflect on adoption, shedding light on the legal placement processes and the reality of Black mothers involved in this dynamic. The methodology adopted in this study was a literature review and documentary analysis of laws addressing the topic. As a result, we observed that the idea of comprehensive protection for children and adolescents is permeated by punitive practices, especially against Black women. Negligence by the state and "families" is linked to structural racism and gender-based violence. We seek to uncover these processes, as they permeate the dynamics of placing a child for adoption, a placement that has become overvalued since the New Adoption Law and Law No. 13,509 of 2017. We also wish to assess whether restructuring regulations alone can break discriminatory practices that penalize Black women in the process of placing their children.