According to the Americans with Disabilities Act (ADA), many disabled persons qualify to be considered as adoptive parents. It's the law. And it applies to both public and private adoption agencies.
No Categorical Rejection
Madelyn Freundlich, former Executive Director of the Evan B. Donaldson Adoption Institute, writes that a categorical rejection of individuals with disabilities as prospective adoptive parents on such bases as blindness, deafness, HIV infection, or history of drug use and treatment will violate the ADA and expose adoption agencies to liability.
However, it should be noted that in a 1998 court case in New York, a ruling was handed down that agencies may deny placement based on a prospective parent's disabilities. The court ruled that it is the job of the agency to find a suitable family for a child, not a child for a family. If a disability appears to be a legitimate concern, placement may be denied, as long as this is not part of a routine exclusion of prospective parents based on disabilities.
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