Las familias biológicas en el proceso de adopción de un menor: características y rasgos sociales

It is about making visible and showing the characteristics of the biological families of the boys and girls who are adopted in the Autonomous Community of the Region of Murcia between the period 1987-2007. To verify these data, an exhaustive study of a total of 29 adoption files provided by the General Directorate of Families, as well as 4 interviews with adoptive parents. They constitute a sample and a significant example of the characteristics and social traits of biological families. Through case studies, we reflect on whether they have been excluded from the adoption process due to the characterization that emerges from them, as they are framed in serious problematic contexts that accentuate the risk that the minors entail living in these families. Se trata de visibilizar y mostrar las características de las familias biológicas de niños y niñas que son adoptados en la Comunidad Autónoma de la Región de Murcia entre el periodo 1987-2007. Para constatar estos datos se ha realizado un estudio exhaustivo de un total de 29 expedientes de adopción facilitados por la Dirección General de Familias, así como 4 entrevistas a padres adoptantes. Constituyen una muestra y un ejemplo significativo de las características y rasgos sociales de las familias biológicas. A través de estudios de caso reflexionamos sobre si éstas han sido excluidas del proceso de adopción por la caracterización que se desprende de ellas, al estar enmarcadas en contextos problemáticos graves que acentúan el riesgo que supone para los menores vivir en esas familias.

IMPLEMENTASI HUKUM POSITIF TERHADAP PENETAPAN WASIAT WAJIBAH BERDASARKAN KEWENANGAN HAKIM PENGADILAN AGAMA

This study aims to provide guidance to religious court judges with their authority in deciding the heirs who are entitled to a mandatory will. So far, mandatory wills are only given to children and adoptive parents, but in its development, mandatory wills can be given to other parties other than adopted children and adoptive parents, including non-Muslim heirs. The method in this study is a normative juridical method. The results of the study explain that the mandatory will is regulated in the Compilation of Islamic Law where the rules are not clearly regulated by the KHI. To resolve the issue of mandatory wills, judges are authorized by law to resolve cases that enter the judiciary by making legal discoveries of cases that do not yet have permanent legal force, such as by carrying out historical understanding seen in a concrete case in which case the case already has regulations. legally binding, but the regulation must be interpreted in its implementation. Interpretation is tried by studying the origin of the formation of a legal decision, including the origin of its provisions or the origin of the formation of laws. Then it is done by means of a sociological understanding that prioritizes the interests of the purpose of a regulation through a concrete event in the related official regulations. In practice, judges can interpret unclear provisions based on community demands, as well as laws and regulations that are synchronized with social ties and situations that occur. In addition to the two methods used by judges to make legal findings to create laws that are not found in existing regulations, judges can do reasoning or argumentation. The argumentation procedure consists of argumentum per analogium, argumentum a contrario, and legal narrowing.

Intercountry adoption swimming against the tide: Restitution in Samoa

Intercountry adoption (ICA) is a contested practice represented by competing discourses of humanitarianism, exploitation, poverty and wealth. Multiple factors have contributed to decreasing numbers of adoption globally including documented incidents of fraud which have accumulated over the last two decades. There is little recompense for families subjected to the fraudulent removal of their children, the children, and adoptive parents who are also defrauded. This article reports on the troubled progression of fraudulent ICA, presents a case of fraud and novel restitution in Samoa and concludes that restitution pathways should also facilitate contact and reunification of children with their families.

NEW PROGRAM OF FAMILIES PREPARING FOR CARE AND EDUCATION OF FOSTERED / ADOPTED CHILDREN

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.

Anak Angkat Sebagai Penghalang Penetapan Ahli Warits Perspektif Maqasid Syariah ( Analisis Terhadap Putusan Hakim Pengadilan Agama Pekanbaru Klas 1 No. 181/Pdt.P/2020/PA.Pbr )

Abstrak. Di Indonesia pengangkatan anak/adopsi diatur dalam Undang-undang Republik Indonesia Nomor 23 tahun 2020 perihal pengangkatan anak, di dalam pasal 39 poin 1 dijelaskan, dalam hal ini pengangkatan anak hanya dapat dilakukan berdasarkan kepentingan yang terbaik bagi anak dan dapat dilakukan dengan ketentuan adat setempat dan ketentuan peraturan yang berlaku. Hal ini agar pengangkatan anak tidak terjadi kesalah fahaman atau pertikaian di belakang hari, terlebih-lebih apabila orang tua angkatnya meninggal dunia lebih dulu. Sebagaimana dalam putusan hakim Pengadilan Agama Pekanbaru klas 1A Nomor. 181/Pdt.P/2020/PA.Pbr, tentang penetapan ahli warits. Majelis Hakim Pengadilan Agama Pekanbaru menolak penetapan ahli warits disebabkan adanya anak angkat, meskipun tidak ada bukti yang menunjukkan adanya penetapan pengadilan atau secara adat tentang pengangkatan anak tersebut. Berdasarkan uraian ini, maka penulis merasa perlu menganalisis dari asfek yuridis dan filososfis untuk menemukan jawaban mengapa permohonan penetapan ahli warits ini ditolak, dan apa dasar hukum hakim yang digunakan serta bagaimana putusan ini jika dianalisis dengan konsep maqasid syariah. Jenis penelitian dalam tulisan ini adalah penelitian pustaka (library reseach), yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder belaka dengan menggunakan pendekatan hukum normatif dan pilosofis. Adapun kesimpulannya, bahwa anak angkat sangat punya kepentingan terhadap harta tirkah dari alamarhumah, karena para pemohon tidak memasukkan anak angkat sebagai orang yang berhak sebagai pihak dalam perkara aquo, majelis hakim berpendapat permohonan para Pemohon kurang pihak. Maka pertimbangan majelis hakim dengan menggunakan kaedah “Menolak mafsadah didahulukan daripada mengambil kemaslahatan”. Apabila dianalisis perkara ini dengan pisau analisis maqasid syariah yang sesuai dengan prinsip maqasid syariah dan terhimpun dalam empat kulliyatul khams sekaligus, yakni memelihara agama (hifz ad-din), memelihara jiwa (hifz an-nafs), memelihar akal (hifz al-aql dan memelihara harta (hifz al-mal). Abstract. In Indonesia, adoption/adoption is regulated in the Law of the Republic of Indonesia Number 23 of 2020 regarding child adoption, in article 39 point 1 it is explained, in this case the adoption can only be carried out based on the best interests of the child and can be carried out with local customary provisions and applicable regulations. This is so that the adoption of a child does not cause misunderstandings or disputes later in life, especially if the adoptive parents die first. As in the decision of the Pekanbaru Religious Court class 1A No. 181/Pdt.P/2020/PA.Pbr, regarding the determination of heirs. The Pekanbaru Religious Court Panel of Judges rejected the determination of heirs due to the presence of an adopted child, although there is no evidence to show that there was a court order or custom regarding the adoption of the child. Based on this description, the author feels the need to analyze from the juridical and philosophical aspects to find answers to why the application for the determination of heirs was rejected, and what is the legal basis of the judge used and how this decision is analyzed with the concept of maqasid sharia. The type of research in this paper is library research, namely legal research carried out by examining library materials or secondary data using normative and philosophical legal approaches. As for the conclusion, that the adopted child is very interested in the tirkah property of the alamarhumah, because the petitioners do not include the adopted child as a person who has the right as a party in the aquo case, the panel of judges is of the opinion that the petition of the petitioners is lacking in parties. Then the consideration of the panel of judges using the method "Rejecting mafsadah takes precedence over taking benefit". When analyzed this case with a maqasid sharia analysis knife which is in accordance with the principles of maqasid sharia and is compiled in four kulliyatul khams at once, namely maintaining religion (hifz ad-din), preserving soul (hifz an-nafs), preserving reason (hifz al-aql and maintain property (hifz al-mal).

Progress After Placement

The chapter explores the progress made by the 93 adoptees in the core follow-up sample in terms of physical and mental health and education from the time they entered their adoptive homes until they were followed up, on average 18 years later. It draws on data collected through responses to an online survey concerning 93 adoptees (44% of the cohort) completed at follow-up, and interviews focusing on 24 adult adoptees. On entering their placements, 40% of adoptees were developmentally delayed; 13% had poor physical health; 38% were in poor mental health. Emotional and behavioural problems affected their academic progress; 76% required specialist help. After placement, 74% improved in physical health, 66% in mental health and 68% in academic performance. The challenges faced by adoptive parents provide a powerful case for careful preparation and long-term post-adoption support.

Post-adoption Contact and Relationships with Birth Family Members

The chapter draws on data collected through responses to an online survey concerning 93 adoptees (44% of the cohort), completed on average 18 years after placement, and interviews focusing on 24 adult adoptees. Face-to-face post-adoption contact was a legal requirement. After placement with adoptive families, 93% of adoptees had contact with birth family members; at follow-up, 56% still saw at least one member of their birth family; 69% of both adoptees and adoptive parents thought contact was ultimately beneficial. There was minimal evidence of contact with birth parents destabilising placements. However, it introduced a ‘painful transparency’ for all parties and could be problematic. Over time, contact supported children’s identity needs by incorporating knowledge of their antecedents and could mitigate their difficulties with attachment, separation and loss. It forced all parties to engage with one another and helped adoptees achieve closure.

Introduction: International Issues and Debates Concerning Adoption

A history of systemic injustices and a lack of transparency have influenced public perceptions of domestic adoption. This book aims to introduce more empirical evidence into the debate by exploring the value of open adoption, as practised in Australia, as a route to permanence for abused and neglected children in out-of-home care who cannot safely return to their birth families. International evidence about the outcomes of adoption and foster care is discussed. The chapter introduces the Barnardos Australia Find-a-Family programme which has been finding adoptive homes since 1986 for non-Aboriginal children in care who are identified as ‘hard to place’. Regular post-adoption face-to-face contact with birth family members is an integral part of the adoption plan. The methodology for evaluating the outcomes for 210 children placed through the programme included case and court file analysis, a follow-up survey and interviews with adoptive parents and adult adoptees.

The Adoptive Parents

The chapter draws on case file data and papers presented to the court at the time of the adoption order. The 210 adoptees were placed in 138 adoptive homes. The adoptive parents were on average ten years older than birth parents and had more stable relationships. They were also better educated. Most lived in owner-occupied homes and the secondary carer was generally in full-time work. Attempts to match children with families of the same ethnicity and culture and to place siblings together were mostly successful: 77% of children with siblings were placed in intact groups; only 8% were placed alone. Almost half (44%) the parents adopted more than one child; 9% adopted three or more; many also had biological children still living with them. While adoptive parents had considerable resources, they also faced challenges including helping children overcome the sequelae of early adverse experiences and parenting several children with diverse needs.