Cardozo Law Review
Abstract
Thalia, a twenty-eight-year-old mother of two, has struggled with a substance use disorder for several years. Her children, ages five and seven, are in foster care. Thalia was homeless when she learned that she was fourteen weeks pregnant. She wanted to have an abortion, but her state banned abortions after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The closest abortion care provider in a neighboring state was 400 miles away, and a medical (non-surgical) abortion was no longer an option.
Unable to access abortion care, Thalia was forced to carry the pregnancy to term. Her daughter tested positive for opioids and methamphetamine, and the hospital contacted the state’s child protection agency. A caseworker visited Thalia in the hospital and informed her that the agency would assume custody of her baby while it conducted an investigation to determine whether she could safely care for a baby. The caseworker explained that Thalia’s daughter would likely be placed in a foster home until Thalia successfully completed a substance use disorder program and parenting course, secured adequate housing, and passed regular screenings for controlled substances. The caseworker further explained that if Thalia did not comply with these requirements within fifteen months, the court would likely terminate her parental rights so her daughter could be adopted by a suitable family. She added that Thalia was unlikely to have any rights to contact her daughter if the state terminated her parental rights, and cautioned Thalia that, because she already had two children in foster care, an investigation for the baby could jeopardize her likelihood of being reunited with her two older children.
Thalia began to cry and asked if there was any way to keep her daughter out of the foster care system. The caseworker explained that Thalia could voluntarily place her daughter for adoption so she could go directly from the hospital to the adoptive parents’ home and avoid foster care. The caseworker added that if Thalia voluntarily placed her daughter for adoption, she would be able to choose the adoptive parents and have some contact, including visits with her daughter—an option that would not be available if the court terminated her parental rights after finding her unfit.
Disciplines
Family Law
Recommended Citation
Solangel Maldonado,
Adoption and the Illusion of Choice After Dobbs v. Jackson Women’s Health,
47
Cardozo L. Rev.
1623
(2026).
Available at:
https://larc.cardozo.yu.edu/clr/vol47/iss5/5