The Politics of Adoption: International Perspectives on Law, by Kerry O'Halloran

By Kerry O'Halloran

This e-book updates and considerably extends the 1st version released via Springer in 2004. It addresses the social and criminal features of adoption, the adjustments at the moment happening in England & Wales and advancements in different universal legislations international locations. It identifies subject matters of commonality and distinction within the adventure of adoption in a typical legislation context in comparison and contrasted with that of civil legislations nations, different cultures in Asia and with the adventure of indigenous peoples. It makes use of the foreign Conventions and linked ECtHR case legislations to benchmark advancements in nationwide legislations, coverage and perform and to facilitate a cross-cultural comparative research. just like the first variation, this ebook will healthy so much conveniently in undergrad & postgrad legislation and Social paintings classes; additionally it'd be proper to sociology and politics. This booklet goals to supply an research of adoption legislations, coverage & perform in a standard legislations context and to check and distinction this with the identical adventure of different cultures. It essentially - strains the evolution of adoption legislation, coverage and perform throughout many centuries inside of England and Wales and different usual universal legislation countries giving specific recognition to conceptual and definitional concerns; identifies and evaluates topics within the modern adoption procedures of britain and Wales and people different universal legislation nations; identifies suitable overseas Conventions and similar judicial judgements and analyses their capability to operate as benchmarks for nationwide adoption legislations, coverage and perform; makes use of these subject matters and benchmarks to build a template for comparative research reasons; employs the template to behavior a comparative assessment of an identical topics in different cultural contexts, together with Sweden, France, Japan and in an Islamic context; contrasts the hugely regulated felony strategy of glossy western society with the normal perform of indigenous groups similar to the Maori; explores the politics of intercountry adoption; and concludes with an research of the importance of variations in cultural context for adoption legislation, coverage & perform.

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Extra info for The Politics of Adoption: International Perspectives on Law, Policy & Practice

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However, the summary comment made recently by the Commission for Social Care Inspection, seems fair: 63 The 1976 Act brought together arrangements for adoption and the care and protection of children waiting to be adopted. It focused on the needs of children likely to be adopted at that time. There was no specific provision for the needs of older children, the lifelong impact of adoption or the welfare of children adopted from abroad. 6 The Children Act 1989 The 1989 Act affected adoption law and practice in a number of ways.

5 Adoption Legislation: Evolving Principles and Policy 25 65 Consultation Document which led in turn to the publication of the government's White Paper Adoption—the Future and its sequel the Bill Adoption—A Service for Children. However, despite a gestation period of 13 years, it was not until the pressure generated by child care scandals became acute that the government was finally prompted to prepare new legislation. At the heart of this policy review lay the fundamental question—What was to be the function of adoption in the 21st century?

1 29 The Child Children—their needs, availability and ultimately their acquisition—are of course central to adoption. When children were orphaned or abandoned, when their 'illegitimate' status could be transformed to 'legitimate', where parental consent was available or not withheld and where it was judged to be compatible with the child's welfare interests, then adoption was judicially viewed as wholly appropriate. However, when complications arose, for example in relation to the child in care whose married parents refused consent, then the courts were a great deal more circumspect.

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