scholarly journals Problems of Execution and Abolition of a Court Order

2021 ◽  
Author(s):  
Iana Sergeevna Kukhar
Keyword(s):  
1973 ◽  
Vol 130 (12) ◽  
pp. 1323-1326 ◽  
Author(s):  
JACK ZUSMAN ◽  
SUSAN SHAFFER

1985 ◽  
Vol 6 (10) ◽  
pp. 291-296
Author(s):  
Norman C. Fost

There is presently broad consensus that involuntary sterilization of an incompetent patient should be done only in the following unusual circumstances, and then only after approval by a court: 1. If the progeny would be so severely damaged that their lives would be arguably worse than nonexistence (eg, a disorder such as Lesch-Nyhan syndrome), OR a retarded female's physical or psychologic health would be seriously jeopardized by a pregnancy and/or abortion (eg, severe heart or lung disease), AND 2. There are no alternative, less restrictive ways of avoiding pregnancy (such as segregation, supervision, behavior control, or reversible forms of contraception), AND 3. There has been a court order, following a process designed to ensure that the procedure is necessary to protect the interests of the patient.


PEDIATRICS ◽  
1977 ◽  
Vol 60 (3) ◽  
pp. 378-379
Author(s):  
◽  
Donald Lewis ◽  
George C. Cypress ◽  
Joseph H. Davis ◽  
Ruth C. Harris ◽  
...  

The adoption process in our country traditionally has been designed to safeguard the rights of adoptive parents, insure the solidarity of the adoptive family, and preserve the anonymity of the natural parents. To accomplish this, when adoptions are finalized, the original birth certificate is "sealed" and a new certificate is issued in the name of the adoptive parents. Once sealed, the laws of most states specify that the original record can be opened only by court order and for "just cause." A few states have provisions for opening of the records on demand of the adoptee when that person becomes an adult. This provision often turns out to be true in theory but not in practice, and the definition of "just cause" has varied greatly from court to court. Most adoptive parents have warm and loving relationships with their adoptive children. Most try to pass on to them, at appropriate times, as much of the birth information as they know and are able to provide. Most adoptees have a warm and loving and truly bonded relationship with their adoptive parents. In spite of this, and regardless of their attachment to the adoptive parents, some adoptees, as they reach maturity, have a compelling desire to learn of their natural parent or parents. Many adult adoptees and adoption specialists see this search as essential to the establishment of a sense of identity. Most reports of reunions indicate that adoptees have been pleased with the meeting and that their ties to their adoptive parents have been strengthened thereby.


2017 ◽  
Vol 20 (1) ◽  
pp. 21860 ◽  
Author(s):  
Joanna Busza ◽  
Sibongile Mtetwa ◽  
Elizabeth Fearon ◽  
David Hofisi ◽  
Tinashe Mundawarara ◽  
...  
Keyword(s):  

2008 ◽  
Vol 32 ◽  
pp. 27-27
Keyword(s):  

Court Order   21 February 1544   REQ 1/7, fo. 178  27


Author(s):  
Aleksandra E. Kasantseva ◽  

Adoption is the preferred form of placement of a child without parental care in a family. The advantage of this form of placement is its permanent nature. In addition, the legal rela-tionship arising between the adoptive parent and his or her ancestors and the adopted child and his or her descendants is equivalent to a parental relationship. Like parental legal relation-ships, the legal relationship between adoptive parents and adoptees is presumed to be perpetual. Unlike other entities raising a child without parental care, adoptive parents may give the adopted child a new name and change the date and place of birth. The legal composition giving rise to a family legal relationship between the adoptive parent and his or her ancestors and the adopted child and his or her descendants is the consent of a number of persons. An enforceable court order for the adoption of a child is a confirming legal fact. It con-firms that the consent of all persons and authorities has been obtained and the child has been placed in the adoptive family. The question arises regarding the consent of the child's parents to his adoption. The con-sent to the adoption is equal to their renunciation of the child, which does not contradict the Convention on the Rights of the Child. Nevertheless, the rules of the Family Code on adop-tion should not initiate a parent's renunciation of his/her child. A child has the right to live and be brought up in his or her own family and to know his or her parents. If a parent relinquishes his or her child, the parental rights should first be removed and then the child should be put up for adoption without his or her consent. The current legal provisions on adoption have other inaccuracies, which are discussed in this article.


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