Alice Hearst: Children and the Politics of Cultural Belonging

Abstract

In Children and the Politics of Cultural Belonging, Alice Hearst analyzes the debate over communal and cultural belonging, focusing on ‘‘three distinct areas: the debate over domestic transracial adoption of non-American Indian children, the debate over the scope of tribal authority over American Indian children, and the debate over cultural and communal belonging for transnationally adopted children’’ (Hearst 2012, p. 12). In doing so, Hearst illustrates the difficulty of defining ‘‘belonging’’ but nevertheless asserts the importance of acknowledging ‘‘belonging’’ in discussions regarding adoption and multiculturalism. Hearst also explores the burgeoning international discussion about the extent to which children may have identity rights. Thus, for people interested in adoption and children’s relationship with culture, this book not only provides a valuable resource in understanding historical and current debates about these subjects but also offers a glimpse into issues that the United States potentially will need to grapple with in the future. The issue of cultural belonging for children is a complex one, and Hearst respects its complexity by addressing in her analysis the various forces that affect ideas of belonging—history, politics, social movements, and legal decisions. Hearst does not merely state her opinion. Rather, she presents the arguments that various scholars and advocates have made on both sides of the debate and explains how her opinions fit within the overall conversation. In the Introduction, Hearst sets out the various issues and themes that run throughout the book. Hearst first points out that marginalized communities have disproportionately borne the loss of children, often through deliberate initiatives by private groups and the federal government to move children from ‘‘unsuitable’’ families to ‘‘suitable’’ families. Hearst, therefore, advocates for a ‘‘communally aware position’’ that takes into account marginalized communities’ experience and concerns when creating legal and policy regimes governing both domestic and international adoption and foster care. Marginalized communities, in turn, would need to be realistic about their abilities to claim and care for the children. Indeed, although Hearst respects the interests of communities, she does not think community interests trump all others. According to Hearst, ‘‘If community connections are to be forged, it is critical to understand how children themselves navigate among different spheres of belonging and to grant them the opportunity to shape their own identities as they mature’’ (Hearst 2012, p. 11). Thus, Hearst recognizes that different policy prescriptions are necessary depending on the circumstances of particular children. In Chapter One, entitled ‘‘Children, Law, and Belonging,’’ Hearst discusses how the rights of children, or lack thereof, impact ideas of cultural belonging and how varying interests complicate the discussion. On the international level, some commentators have read provisions from the Convention on the Rights of the Child as potentially conferring a right of cultural or communal identity for children. According to Hearst, however, framing identity interests as rights for children is problematic, especially in the United States. Identity is a fluid and ambiguous concept, and children’s rights are deeply entwined with the rights of caregivers. Hearst examines several Supreme Court decisions and notes that the Court often protects the rights of parents to raise their children, but the Court does not articulate B. Kovacs (&) Maurer School of Law, Indiana University Bloomington, Bloomington, IN, USA e-mail: bekovacs@indiana.edu