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Constitutional Law - Church And State - Statute Requiring Religion To Be Taken Into Consideration In Adoption, David W. Swanson

Michigan Law Review

ln 1951, a Jewish couple obtained custody of illegitimate twins who were then two weeks old. In 1954, the couple formally sought to adopt the children. Although petitioners were otherwise qualified to act as parents, a Massachusetts statute provides that "in making orders for adoption, the judge when practicable must give custody only to persons of the same religious faith as that of the child." The twins' natural mother was Catholic but had consented in writing to adoption by the petitioners and to rearing of the children in the Jewish faith. The lower court found that several Catholic couples had …