Adoption

Author(s):  
Claire Fenton-Glynn

This chapter considers the Court’s jurisprudence in relation to adoption. Starting with adoption by a step-parent, it examines the approach of the Court to dispensing with parental consent, as well as challenges to laws prohibiting adoption by same-sex couples. Next, the chapter turns to adoption in the context of child protection proceedings, examining the substantive and procedural obligations on states and the interpretation of the best interests of the child in this context. The chapter also considers intercountry adoption, including the recognition and enforcement of adoption orders, as well as the involvement of children in decision-making. Finally, the chapter examines eligibility criteria for adoptive parents, focusing particularly on the issues of single-parent adoption and adoption by homosexual individuals.

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Glynis van der Walt

In South Africa, the Director General of the DSD appoints the Central Authority. Applications for intercountry adoption are made to the Central Authority. The aim is to protect the best interests of children involved in the process of intercountry adoption. This task is of paramount importance. The Central Authority is also tasked with maintaining relationships and promoting cooperation among the competent authorities within the State to protect children and to achieve the objectives of the Convention. In addition, where an adoption takes place after the child has been transferred to the receiving State and the Central Authority of the receiving State is of the view that the continued placement of the child with the prospective adoptive parents is not in the best interests of the child, the Central Authority is required to take the necessary measures to protect such child. These measures include withdrawing the child from the prospective adoptive parents and arranging temporary care and a new placement for the child in consultation with the Central Authority of the State of origin. The Central Authority therefore acts as a “gatekeeper”, with all adoptions in-and-out of the country channelled through its checks. It fulfils an important function to eliminate practices which may violate the best interests of the child.


2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.


2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
I P Y Lo

Abstract Study question How does the cultural importance attached to biological family ties shape Chinese lesbians’ decision-making processes regarding whether and how to have children? Summary answer The cultural significance of biological ties shapes Chinese lesbians’ fertility decisions, including those regarding conception methods, who will get pregnant, and whose sperm to use. What is known already Previous research has shown that normative expectations towards opposite-sex marriage and biological parenthood impose significant psychological burden on lesbians in China, where same-sex couples are not entitled to the rights to partnership/marriage, assisted reproductive technology (ART), and parenthood. Despite the legal barriers, online discussions on same-sex parenthood and commercial consultation services targeted at same-sex couples who want to travel overseas to use ART have emerged in recent years. While more lesbians have become parents of donor conceived children in Western developed countries, little is known about Chinese lesbians’ reproductive experiences in the context of increasing reproductive transactions that transgress borders. Study design, size, duration In-depth, semi-structured interviews were conducted with 35 Chinese lesbians between July 2017 and June 2018 in Beijing, China. To better understand the context and social and clinical implications of global ART services for Chinese society, I also carried out participant observation by attending informal gatherings organised by the local lesbian community and public events targeted at (same-sex) individuals and couples who want to travel overseas to use ART and producing fieldnotes after the events. Participants/materials, setting, methods Participants were aged between 25 to 45. The majority were in their thirties. Each interview took around 2 hours and was audio-recorded and transcribed. The interview guide covered questions about their family beliefs, views on and/or experiences of donor conception, and perceived and actual difficulties in pursuing motherhood. With the assistance of NVivo (a qualitative data analysis software), I carried out thematic analysis of the interviews and fieldnotes to identify common patterns across the dataset. Main results and the role of chance Participants shared a belief that being biologically connected with their (prospective) children was, to varying extents, important to their families. They were at different stages of fertility decision-making, ranging from achieved motherhood (8 participants), actively planning to pursue motherhood (9), hesitation in taking action (11), and a lack of interest in or hope of becoming a mother (7). Almost all participants expressed that they did not prefer adoption and that they were reluctant to involve known sperm donors, who were considered a threat to their parental status. Rather, they were inclined to seek ART overseas in order to create their desired biological ties in a clinical setting. Issues including donor screening, desire for family resemblances, the status of biological and social mothers, and plans to purchase sperms from the same donor to conceive “siblings” were discussed in the interviews. It is evident that when deciding on whether to have a child and how to involve any third parties, participants tended to embrace the relational self and carefully balance individuals desires with familial and social expectations. The felt need to legitimise their relationships with donor conceived children imposes psychological burden on lesbian intended parents and discourages many from pursuing motherhood. Limitations, reasons for caution The findings of this qualitative study are not intended to be generalised to the whole lesbian population in China. Given the hidden nature of this population, my research, despite its small sample size, represents a significant step forward and calls for more quantitative and qualitative studies on lesbians’ fertility health. Wider implications of the findings: This study shows that lesbians’ journeys to donor conception require not only medical and legal support but also psychosocial care that attends to one’s perceived importance of biological ties and family beliefs. It sensitises healthcare professionals to the specific fertility-related psychosocial needs and concerns among lesbians in a family-centred context. Trial registration number Not applicable


2008 ◽  
Vol 33 (1) ◽  
pp. 18-24 ◽  
Author(s):  
Philip Gillingham ◽  
Leah Bromfield

In this article we use qualitative data drawn from a sample of child protection cases to demonstrate how the process of attributing blame to parents and carers for child maltreatment is a significant influence on decisionmaking, sometimes to the detriment of assessing the future safety of children. We focus on two cases which both demonstrate how the process of apportioning blame can lead to decisions which might not be considered to be in the best interests of the children concerned. We conceptualise blame as an ‘ideology’ with its roots in the discourse of the ‘risk society’, perpetuated and sustained by the technology of risk assessment. The concept of blame ideology is offered as an addition to theory which seeks to explain the influences on decision making in child protection practice.


Professionals working in child welfare and child protection are making decisions with crucial implications for children and families on a daily basis. The types of judgements and decisions they make vary and include decisions such as whether a child is at risk of significant harm by parents, whether to remove a child from home or to reunify a child with parents after some time in care. These decisions are intended to help achieve the best interests of the child. Unfortunately, they can sometimes also doom children and families unnecessarily to many years of pain and suffering. Surprisingly, despite the central role of judgments and decision making in professional practice and its deep impact on children and families, child welfare and protection training and research programs have paid little attention to this crucial aspect of practice. Furthermore, although extensive knowledge about professional judgment and decision making has been accumulated in relevant areas, such as medicine, business administration, and economics, little has been done to help transfer and translate this knowledge to the child welfare and protection areas. This book represents our aspiration to fill this critical gap in the child welfare and protection research agenda, while providing an up-to-date resource for practitioners and policy makers. It is our purpose to provide the reader with the ideas, methods and tools to improve their understanding of how context and decision-maker behaviors affect child welfare and protection decision making, and how such knowledge might lead to improvements in decision-making.


2014 ◽  
Vol 6 (3) ◽  
pp. 133-158 ◽  
Author(s):  
Mariagiovanna Baccara ◽  
Allan Collard-Wexler ◽  
Leonardo Felli ◽  
Leeat Yariv

This paper uses a new dataset on child-adoption matching to estimate the preferences of potential adoptive parents over US-born and unborn children relinquished for adoption. We identify significant preferences favoring girls and against African American children put up for adoption. These attitudes vary in magnitudes across different adoptive parents—heterosexual, same-sex couples, and single women. We consider the effects of excluding single women and same-sex couples from the process, and find that this would substantially reduce the overall number of adopted children. (JEL C78, J13, J15, J16)


2010 ◽  
Vol 35 (2) ◽  
pp. 21-28 ◽  
Author(s):  
Annette Jackson

Child protection systems have always sought to respond to the interests of vulnerable children. Protective paradigms have changed over time as the ‘best interests’ of vulnerable children are defined in different ways. Within protective systems we are currently debating how best to provide children at risk with security and stability: should we seek to reunify them with their birth families or seek alternative options for their permanent care? The debate is unlikely to lead to an either/or option, but rather one where we need to consider many complex factors in both the decision-making process and how to implement these decisions. These factors include: the rationale and process for decision-making; the importance of timing (child's, parent's, carer's, service system and legal system); how to meet the child's heightened developmental needs before, during and following this process; the importance of the child's identity; and the level and type of real-life support needed (by either the birth family or permanent care providers) on the ground. It is also about the relationships needed to provide children with the foundation of a secure base and a safe haven so they can learn that adults can provide comfort, safety and a base upon which they can learn to explore the world.


Author(s):  
Fereniki Panagopoulou - Koutnatzi

The infinite and constantly developing options of medically assisted reproduction (MAR) reasonably raise the issue of its permitted range. Proponents of human rights fight for the strengthening of the reproductive right, the access to it by even more people, such as single parents, same-sex couples, elderly women, HIV carriers etc. Still concerning, however, is the fact that the defenders of human rights often forget the rights of the fetus or the child, which cannot be expressed with the same intensity. In the framework of the present study, we investigate the true interests of the child in MAR, in relation to the reproductive right in the light of some borderline cases.


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