scholarly journals Socio-Perceptual Features of the Image of a Foster Child in Foster Parents with Different Forms of Guardianship

2021 ◽  
Vol 12 (2) ◽  
pp. 110-128
Author(s):  
A.A. Aldasheva ◽  
M.E. Zelenova ◽  
O.N. Sivash

The objective. The purpose of the empirical study presented was the study of social perception and the identification of structurally-substantive features of the mental image of the adopted child in foster parents. Background. The transition to the ubiquitous family arrangement of orphans and the preparation of legislation providing for the adoption of foster parenting as a new profession of a pedagogical profile (“social educator”), as well as the introduction of mandatory psychological testing of foster parents, has revealed the special practical significance and relevance of scientific research related to selection and candidate training. Study design. The work examined the structure of socio-perceptual ideas about the adopted child from adoptive parents, depending on the form of adoption and the number of children adopted by the family for upbringing. The presence of structural relationships and statistical differences was determined using the methods of correlation and comparative analysis. Participants. Foster parents were examined exercising guardianship on the basis of an employment agreement (“social educator”), as well as foster parents who have family ties with adopted children and who exercise guardianship in the form of “blood guardianship” (“blood guardians”). Total 110 people. In the course of data processing and analysis, the entire sample was divided into the following groups: 1. a group of social educators who adopted 1—2 foster children into the family (N=48); 2. a group of social educators who have adopted 3 or more children into the family (N=30); 3. group of “blood guard¬ians” (N=32). Measurements. To identify the structure and content of the perceptual image of the adopted child, a verbal version of the SOCHI technique was used AND V.L. Sitnikova. Results. An analysis of the component profiles of the perceptual image of the “adopted child” in different categories of foster parents showed that they are identical in structure. In the hierarchy of the structure of the image, the leading components are the “Social”, “Activity” and “Behavioral” components. A meaningful analysis of the adoptive child’s perceptual image made it possible to identify structural and semantic units (image components) in the semantic space of adoptive parents that reflect the child’s value attitude to life in a foster family (component “Family Value”) and the presence of bad habits and addictions (component “Bad habits”). This determined the structural specificity of the perceptual image of the “adopted child” in social educators and blood guardians and its difference from the structure of the child’s image in ordinary parents. Intergroup comparative analysis showed that social educators who have adopted 3 or more children into a family more often single out characteristics of a child that are important for interaction in the “child-adult” system; they more often note the attitude of the adopted child towards life in the family, the attitude of the child towards the authority of an adult, as well as the presence of bad habits and addictions in the child. Conclusions. The results were obtained that showed structurally meaningful features of the perceptual image of the adopted child in foster parents with different numbers of children and different forms of guardianship — social educators and blood guardians.

Author(s):  
A. А. Aldasheva ◽  
◽  
М. Е. Zelenova ◽  
J. N. Sivash

The study is aimed at studying the regulatory features of the mental image of an adopted child in parents with different forms of custody of orphans. In connection with the preparation of the bill on the support of foster families and the mandatory psychological testing of foster parents, empirical research in this area has received particular relevance and significance. The sample consisted of: 1. social educators — adoptive parents who perform their functions on the basis of an employment contract on a fee and raise a different number of orphans; 2. Blood guardians — adoptive parents having kinship with pupils left without parents. A total of N = 110 people were examined. To identify the peculiarities of the image of the adopted child, a verbal version of the SOCH (I) technique was used (V. L. Sitnikova). The following results were obtained: 1. In foster parents, in the hierarchy of image components, the leading place belongs to the qualities of the child, revealing its features as the subject of social interaction — the “Social” component. It was also established that for large adoptive parents, the behavior of the child and its characteristics as a subject of activity are important, occupying the lower hierarchical positions in the form of ordinary parents. We explain this structural feature of the child’s image in the mentality of parents with many children by the presence of many problems that arise in the dyad “adopted child — adopted adult”. 2. It has been established that the blood guardians in the image structure of the adopted child do not have the component “family values”, which is an alarming fact. As you know, it is the values of the family that perform the regulatory function and form the unity of a small group that unites the concept of “we”. 3. When comparing images of a “good-bad” child, an important feature of the mentality of large social educators was revealed — the images of a “good-bad” child turned out to be weakly differentiated in their structure, which in the context of previously obtained empirical data can be interpreted as weak emotional and personal involvement in the process of education, as well as the presence of psychological distance in relations with foster children.


2019 ◽  
Vol 5 (2) ◽  
pp. 153-175
Author(s):  
Ahmad Hafid Safrudin

The presence of adopted children in the family allows for a high level of emotional bonding, which no longer separates one another. So, in time the adopted child can be counted as the person who deserves the property of foster parents after death. This is the result of what happened in the later days. In relation to the problem in this study, that the existence of the adopted child above has a position on the inheritance of treasures. According to Javanese customary law, although the child's appointment does not decide the child's relationship with the parent and adopted child does not become the child of the adoptive parents, but the adopted child is entitled to the inheritance of both the parents and the adoptive parents. Under Islamic law, although it is clear that Islam cannot accept the existence of an adopted child on his or her position on the inheritance of adoptive parents. However, KHI which is a legal written law that is applied as a special guideline for Muslims in resolving all legal issues including the position of the adopted child, in article 209 KHI explained that the adopted child is entitled to receive a testament of a general order of 1/3 from the heritage property of foster parents


2021 ◽  
Vol 2 (2) ◽  
pp. 274-280
Author(s):  
I Nengah Sunaradana ◽  
I Wayan Rideng ◽  
Diah Gayatri Sudibya

The position of adopted children in inheritance based on Balinese customary law has indeed been determined to provide rights for adopted children. This research aimed to examine the customary procedures for adopting children according to Balinese Customary Law and the position of adopted children related to the inheritance of their parents (biological and adoptive). This research uses empirical legal methods with juridical and sociological approaches. The sources of legal materials used are primary and secondary. The legal materials in this research were collected using two data collection techniques, namely interview and documentation techniques. Then, the sample selection in this research was carried out by using purposive sampling technique, then it was analyzed systematically. The results of the research indicates that the position of an adopted child is the same as that of a biological child - acting as the legal heir and successor - if he comes from a large family of adoptive parents. The inheritance of the adoptive parents' inheritance will be fully handed over to the adopted son, including the family heirloom of his adoptive parents. Meanwhile, the position of adopted children is only limited to the inheritor of wealthy assets if they come from outside the extended family of the adopted parent - inheritance to the legal owner. In this condition, if the adoptive parents die, then the family relationship between the adopted child and the adoptive parents is severed.


PERSPEKTIF ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 609-615
Author(s):  
Eko Setiawan ◽  
R. Nunung Nurwati ◽  
Nurliana Cipta Apsari

Child welfare is the responsibility of the family because the child is part of the family. However, in reality there are still many who neglect their children so that the children's welfare is threatened. Abandoned children need protection to ensure their survival. One of the efforts made in dealing with the problem of neglected children is through an institution-based child service program through child social service institutions. However, institution-based child services have not been optimal in realizing children's welfare. Thus, children who are in institution-based care need to be transferred to family-based care so that the child's welfare can be better. One of the permanent efforts to care for children is through adoption. The method used in this research is mixed methods research method. The design chosen in this study is Explanatory Sequential Mixed Methods, the researcher will measure the level of children's welfare with quantitative research first followed by qualitative research. The results of quantitative research regarding the welfare of preschool adopted children show that basically the welfare of adopted children is in the good category. The results of the qualitative research found that the background and reasons or motivation of adoptive parents to adopt an effect on the care of the adopted child so that the child's welfare can be better. Most adoptive parents do not yet have biological children, so the presence of adopted children is a complement to their long-awaited family. The opportunity they get for adoption makes them try to care for, nurture, and treat their adopted child very well. They always pay attention to children's physical development, children's psychological development, children's social development and children's cognitive development so that children's welfare can be achieved.


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.


Author(s):  
Donald W. Winnicott

In this essay Winnicott discusses the psychology of adoption for parents and child. He writes that it is important to be truthful when talking to adopted children about where they come from, that the adoptive parents are not their biological parents, and that the child was made by nature, and not by magic. If the truth cannot be borne by the adoptive parents, it is very difficult for the adopted child to cope with it. He also considers that adoptive parents wanting a second adoption must go through the selection procedure and other anxieties about choosing to have the adoption, rather than being able to have a child, as it were, normally ‘by accident’. When a mother conceives a second baby, the first child has the experience of mother growing larger over a period of months unlike the case of a second adopted baby that just ‘appears’.


Author(s):  
Zhanna Petrochko  ◽  
Larysa Pietushkova 

The urgency of developing an alternative program for training candidates for family uniforms and child custody is justified by the need to: accelerate the process of training such candidates in case of difficulties in completing study groups; to acquaint participants with all forms of family upbringing, adoption, childcare services in order to make further conscious choices about the form that is most acceptable for candidates and to which they are most prepared; save resources needed to prepare candidates to avoid duplication of common learning topics. The purpose of the article is to reveal the features of such a combined program and prove its effectiveness. Research methods applied: analysis of scientific literature on the topic of research, observation, survey of candidates for family education and foster carers. The combined modular program is a new normative document that outlines the range of knowledge, skills and abilities to be acquired by candidates for foster parents, foster parents, guardians / trustees, adoptive parents, foster carers for quality care and upbringing of foster / adopted children. The peculiarity of the Program is that it contains joint classes of candidates for foster parents, foster parents, guardians / trustees, adoptive parents, foster carers, and specialized classes for individual groups of participants. The program focuses on the formation of the competence of foster parents, foster parents, guardians/custodians, adoptive parents, foster parents to protect the rights of the child, establishing effective communication with the child and his biological or potential parents, finding the most effective forms and methods of influencing emotional state child, behavior, its correction, rehabilitation. Its total duration of implementation is 13 days, of which: 7 days - joint classes for all participants. The program is implemented in the format of trainings. Conclusions on the effectiveness of the program were made based on the results of a survey of participants (candidates for family education) during 2020-2021 in the Ternopil region on the experimental program.


Author(s):  
Nur Aisyah

AbstractThe issue of adoption has been determined in Islamic law and civil law. Where both legal instruments state that the adoption of a child is something that is allowed as long as it is in the best interest of the adopted child. However, problems arise regarding adoption of children associated with inheritance issues. In Islamic law and civil law have different provisions. In Islamic law the status of adopted children can’t be equated with biological children so that they can’t receive inheritance from their adopted parents. However, the adopted child is entitled to get a will from his adoptive parents provided that no more than one-third of the assets of the adoptive parents. Whereas according to the law code of civil law states that the adopted child as a family member can get the inheritance from the adoptive parents based on the provisions of the applicable law (ab instestato) or with a will (testament).Keywords: Adopted Children, Civil Law, Inheritance, Islamic Law, Mandatory Wills.AbstrakPersoalan pengangkatan anak telah ditentukan dalam hukum Islam dan hukum perdata. Dimana kedua perangkat hukum tersebut menyatakan bahwa pengangkatan anak adalah sesuatu yang diperbolehkan selama demi kepentingan terbaik bagi anak angkat. Akan tetapi muncul persoalan terhadap pengangkatan anak yang dikaitkan dengan persoalan waris. Dalam hukum Islam dan hukum perdata mempunyai ketentuan yang berbeda. Dalam hukum Islam status anak angkat itu tidak dapat disamakan dengan anak kandung sehingga tidak dapat menerima harta warisan dari orang tua angkatnya. Meskipun demikian, anak angkat tersebut berhak mendapatkan wasiat dari orang tua angkatnya dengan ketentuan tidak boleh lebih dari sepertiga harta kekayaan orang tua angkat. Sedangkan menurut kitab undang-undang hukum perdata menyatakan bahwa anak angkat sebagai anggota keluarga dapat memperoleh harta warisan dari orang tua angkatnya berdasarkan ketentuan undang-undang yang berlaku (ab instestato) ataupun dengan adanya surat wasiat (testament).Kata Kunci : Anak Angkat, Hukum Islam, Hukum Perdata, Warisan, Wasiat Wajibah.


2018 ◽  
Vol 3 (2) ◽  
pp. 167
Author(s):  
Ade Kurniawan Akbar

Abstract: Islamic jurists suggest that a will is ownership based on a person who declares a will died in the way of goodness without demanding compensation or tabarru '. In Islamic law, adopted children are not heirs, so if the adoptive parents die, the adopted child does not get a heritage. However, of course this is not fair for adopted children who are like their own children by their adoptive parents. For this reason, a will for the adopted child is needed to obtain the inheritance of the adoptive parents. The purpose of this study, namely: 1). To study and explain the provisions of Islamic law regarding testaments to inheritance. 2). To study and explain the provisions of Islamic law regarding testaments to inheritance for adopted children. This type of research belongs to the category of normative legal research. Conclusion, Many inheritance that can be inherited for adopted children is as much as 1/3 of all assets left behind, where the assets are in the distribution system that before the distribution of inheritance to the heirs is carried out, the obligatory will must be fulfilled first. In the division of obligatory wills, which have been determined according to Islamic law, what must be considered is that the part of the adopted child is a third part and must not exceed the minimum portion received by the heirs.Keywords: testament, adoption, inheritance


2021 ◽  
Vol 1 (3) ◽  
pp. 232-239
Author(s):  
Nur Farikha ◽  
M. Ali Syaifudin Zuhri

When a human couple performs a marriage, then both are not blessed with a child. One way for the couple is to adopt a child, the law is fine as long as it fulfills the conditions prescribed by religion. This was done by the Prophet Muhammad. Adoption of children must meet state requirements, namely through court channels. Because something related to the rules certainly has a positive impact on the public, namely maslahah ummah. There are several legal consequences when someone is adopted as a child, one of which is if one of the adoptive parents or the adopted child has died there is an appreciation given by one of them. The author conducted this research to describe the concept of wills for adopted children in the distribution of inheritance according to KHI and Prof. Wahbah Zuhaili. The author in this study uses the analytical approach research method, namely an approach that is carried out by analyzing the thoughts of a character in this case Prof. Zuhaili, and its comparison with KHI. The conclusion found in this study is the wills of the compulsory will be something very new in Islam, especially when it comes to adopted children. Therefore, the concept of inheritance for adopted children is in the form of a mandatory will, which has been stipulated in the Islamic Law Compilation that a will when it is not disclosed by the adoptive parents, the adopted child will still receive a will, at most a third of the assets of the adoptive parents. Meanwhile, Prof. Wahbah Zuhaili stated that the will is obligatory for relatives and parents (people who are related by blood) because they are prevented from inheriting.


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