Adoption Law and Human Rights: International Perspectives

ISBN-13: 9781138121072 / Angielski / Twarda / 2018 / 352 str.

Kerry O'Halloran

Opis

Recent decades have seen many changes too adoption law and practice with a sharp decline in the voluntary relinquishment of children, an increase of children in the public care systems of developed nations and the decrease in children being made available for intercountry adoption by developing countries. In addition human rights has increasingly come to bear on adoption in relation to issues such as the ethical dilemmas inherent in intercountry adoption and the sometimes conflicting rights of adoptees and birth parents in relation to accessing agency birth records. This book provides a comparative analysis of the interaction between adoption law and human rights in common law, civil law and Asian countries. Kerry O'Halloran explains the key areas where international human rights and adoption law now intersect analysing the principles involved and their significance, and develops a schematic of legal functions, pinpointing areas of tension between HR and adoption in order to serve as a template for analysis. This template is then applied to selected countries from the common law (England and the U.S.), civil law (France and Germany) and Asiatic (Japan and China) traditions in order to identify, assess and differentiate the extent of national human rights and adoption law compatibility. The book goes on to consider the human rights challenges for future adoption law and practice with particular reference to intercountry and child care adoptions.

Spis treści

1.  Introduction;  2: Chapter One: Human Rights and the Concepts, Principles and Social Construct of Adoption;  3. Chapter Two: The Domestic Legal Framework;  4. Chapter Three: The International Legal Framework and Intercountry Adoption;  5: Chapter Four: The Adoption Process, Human Rights and the ECtHR;  6: Chapter Five: England; 7: Chapter Six: The US;  8: Chapter Seven: France;  9: Chapter Eight: Germany;  10: Chapter Nine: Japan;  11: Chapter Ten: China;  12: Chapter Eleven: Adoption and Human Rights: National Tensions and International Standards;  13: Conclusion.

O autorze

Kerry O'Halloran is an academic with extensive adoption experience, due to having worked as both a social worker and a lawyer. He has also served for 11 years on a UK adoption panel, and has contributed quarterly for the past 17 years to the BAAF Adoption & Fostering journal.