"The U.S. Children's Bureau implemented the foster care system to promote the healthy upbringing of a child. In pursuing these goals, judges and other court officials will routinely give priority to blood relations over adoptive families. These policies rely on philosophical assumptions about parents and children, namely that children are always better off if they are with their birth parents, or with a relative. While there seems something intuitively appealing about “reunifying” children with biological relatives, it can sometimes be at the expense of the child’s best interests.
In this paper, I examine possible philosophical justifications for this so-called “biogenetic bias” in the law, and find them, for the most part, wanting. What makes someone a “parent” or a “child”? Do parents own their children? Is there a biological claim that parents have over their children that exists over and above the care they give to their children? And why should biological relations be given any weight when deciding where to place a child after a removal based on maltreatment? The foundation of the foster care system is called into question when its philosophical basis lies on an outdated understanding of attachment and biology. My paper proposes answers to these questions and imagines a foster care system that relies less on giving priority to biological relationships when placing children in healthy environments."
Jade Jameson (she/her) is a senior at SLU, double majoring in psychology and philosophy on the pre-law track. With plans to become a legal advocate for adolescent victims of domestic abuse and sexual assault, she intends to enroll into Washington University’s PsyD/J.D. dual degree program in the Fall of 2023. In the meantime, she plans to continue researching the detrimental effects violence and maltreatment in intimate personal relationships in addition to guiding the Youth of All Nations Church as their Youth and Family Ministry Director.
Jade would like to give a shout out to her sponsor, Dr. Chad Flanders, for his never ending patience, contagious passion, and thoughtful guidance throughout this philosophical journey. "