The Existance of a Mandatory Will for Adopted Children in Fiqh and Islamic Compilation Law

This research was conducted to observe the Islamic scholars’ perception on last wills and die. Then for the group of Islamic scholars, who disagree giving legacy to adopted children, stated that the last will and testament in Islamic testaments for adopted children by using normative and empirical juridical methods. The results showed that the ‘ulama’ (islamic scholars) who stated the giving mandatory will to the adopted children do not contradict Islamic Law. This is justified in order to save them from unattended lives if the heir or parents jurisprudence is not solely for adopted children. In fact, wills and testament in Islamic Law distribute other than inheritance. The providing legacy to an adopted child is carried out because it relies on the principle of ‘mashlahah mursalah’ (something benefits other) which is to anticipate the ignorance to adopted child after his adoptive parent dies

Adult Outcomes

The chapter focuses exclusively on the 60 adoptees aged over 18 who completed the follow-up survey. It draws on data collected through survey responses and interviews focusing on 24 adult adoptees. It explores their outcomes across a range of dimensions that together contribute to a composite measure of adult functionality. It presents the outcomes the adoptees achieved on each of these key domains and explores how they compared both with those of the normative Australian population and a contemporaneous cohort of care leavers. The adoptees showed more evidence of poor mental health than care leavers, but often did better in terms of education and employment. The presence of a committed adoptive parent appears to have acted as a powerful protective factor, and only extreme indicators of vulnerability at entry to the adoptive home correlated with poor adult outcomes.

PROSTOR ZA AUTONOMIJU VOLjE UČESNIKA U POSTUPKU ZASNIVANjA POTPUNOG USVOJENjA

The author deals with the issue of extending the autonomy of participant’s will of the procedure of complete adoption in the Family Law of the Republic of Serbia in 2005 in comparison with the previous legal solutions. The legislator envisaged the possibility of adopting a child under parental care if his or her parents agreed to the adoption, whereby their consent may have the effect of waiving the parental right or transferring the parental right to other persons. The autonomy of the participant’s will is also expressed in situations when the legitimate or illegitimate partner of the child's parent appears as the adoptive parent. Due to the strengthening of the protection of the child's rights at the world level, as a condition for the establishment of a valid adoption, the legislator in the Family Law of the Republic of Serbia stipulates that the adoption must be approved by the adopted person who has reached the age of 10 years. The author in particular draws attention to the fact that in some European countries there is a possibility that the non-consent of parents who do not live with the child may be replaced by a court decision, invoking the best interests of the child. The legislature of the Republic of Serbia does not allow this, which is why the autonomy of the will is more broadly set in relation to the solutions of comparative law.

Legal nature of individual proceedings in cases of granting the right to marriage

The scientific article is devoted to the study of the legal nature of separate proceedings in cases of granting the right to marry.It is established that a separate proceeding as a type of non-litigious civil proceedings is characterized by: 1) the absence of a dispute about the right, which, at the same time, does not exclude the existence of a dispute about the fact; 2) a special object of judicial protection – a legally protected (legitimate) interest, which is the needs and aspi-rations to use a specific material and (or) intangible asset, which may or may not be mediated by a certain subjective right. Protection of legally protected (legal) interest is carried out by the court by deciding on the presence or absence of legal facts relevant to the protection of rights, freedoms and interests of a person or creating conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights.It is determined that a separate proceeding in cases of granting the right to marry is a type of non-litigious civil proceedings for consideration of applications for confirmation of the presence or absence of legal facts that are im-portant for creating conditions for a person’s right to marry. It is substantiated that the legal nature of separate proceedings in cases of granting the right to marry is a set of substantive grounds for granting the right to marry and features of the procedural form of consideration by the court of relevant applications that mediate changes in family law. The court, establishing the presence or absence of legal facts, decides to grant a person the right to marry, thereby expanding the family law capacity of such a person due to the ability to exercise the right to marry before reaching marriageable age or marry between the adopter’s adopted child and the adopted child, as well as between children who have been adopted by an adoptive parent.

Hak Waris Anak yang Dilahirkan melalui Perjanjian Surogasi

The development of technology in the medical world has led to surrogation methods as an alternative for married couples who cannot have children due to medical indications. Surrogation is an agreement between a woman and the husband and wife to become pregnant by donating the embryo of the husband and wife into the woman's womb and the child born is handed over to the husband and wife who make this agreement. This raises legal issues, namely how the existence of a surrogation agreement according to the health law and the Civil Code and how the inheritance rights of children born as a result of the surrogation agreement. This study uses normative research with a statutory and conceptual approach using primary, secondary and tertiary legal materials. The results of this study indicate that the existence of a surrogation agreement does not exist specifically, but based on the logic of argumentum a contrario, article 127 paragraph (1) letter a of the Health Law, article 40 paragraph (2) and article 43 paragraph (3) letter b Government regulations concerning reproductive health prohibits the practice of surrogation in Indonesia and the surrogation agreement is declared invalid according to article 1320 of the Civil Code because it does not meet the objective requirements. If the child is born, according to the Marriage Law, the child has the right to inherit to the surrogate woman's legal husband or to the surrogate woman and her family. However, if the child is adopted by the biological parent, the civil relationship between the child and the biological parent will be cut off and the right to inherit from the adoptive parent, in this case the biological parent of the child.

SOME QUESTIONS ABOUT CHILD ADOPTION

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.

You’re an Orphan When Science Fiction Raises You

In Among Others, Jo Walton’s fairy story about a science-fiction fan, science fiction as a genre and archive serves as an adoptive parent for Morwenna Markova as much as the extended family who provide the more conventional parenting in the absence of the father who deserted her as an infant and the presence of the mother whose unacknowledged psychiatric condition prevented appropriate caregiving. Laden with allusions to science fictional texts of the nineteen-seventies and earlier, this epistolary novel defines and redefines both family and community, challenging the groups in which we live through the fairies who taught Mor about magic and the texts which offer speculations on alternative mores. This article argues that Mor’s approach to the magical world she inhabits is productively informed and futuristically oriented by her reading in science fiction. Among Others demonstrates a restorative power of agency in the formation of all social and familial groupings, engaging in what Donna J. Haraway has described as a transformation into a Chthulucene period which supports the continuation of kin-communities through a transformation of the outcast. In Among Others, the free play between fantasy and science fiction makes kin-formation an ordinary process thereby radically transforming the social possibilities for orphans and others.