Notwithstanding the 1955 opinion of Judge Bazelon, the role of race in determining adoptive placement of black children remains contentious. Opponents to transracial adoption argue that transracial adoption inflicts group harm on the black community. A similar group-harm argument is made by those seeking to limit international adoption. We formerly argued that banning international adoptions is inefficient. In this chapter, we extend this argument to transracial adoption. We provide a brief history of transracial adoption and antidiscrimination law in adoption, and we use administrative data compiled by the Children's Bureau to describe the length of time black children spend as legal orphans before they are adopted.

Adoptions of black children and other children of color have increased since the 1990s. Transracial adoptions have increased as well, but black children continue to experience delays in adoption relative to children of other races. Because a child adopted transracially spends less time as a legal orphan than the average adopted black child, we conclude that greater emphasis on transracial placement is warranted and that more vigorous enforcement of the antidiscrimination law in child welfare would result in gains for black children.