Adoption and Safe Families Act (ASFA)

A U.S. federal law passed in 1997 with the stated intent of improving the safety of children, supporting families, and promoting adoption and permanent housing for children who need them. Lawmakers claimed that ASFA signified a shift toward prioritizing children’s health and safety over the rights of their biological parents. However, many advocates want to repeal ASFA due to its provisions that have contributed to increased rates of family separation (e.g., termination of parental rights after children are in foster care for as few as 15 months; financial incentives for states that hasten the adoption of children in foster care, rather than emphasize reunification). These advocates say ASFA has had a detrimental effect on the children of incarcerated people, who are disproportionately BIPOC. In the U.S., Black children are 2.4 times more likely to have their parents’ rights terminated than white children. For more.