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

ISBN-13: 9789048180813 / Angielski / Miękka / 2010 / 496 str.

Kerry O'Halloran

Opis

Adoption has always had a political dimension. Its use to achieve political ends has been evident throughout history and in many different cultures. In Roman times, an emperor would adopt a successful general to 1 continue his rule. In Ireland, under the Brehon Laws, the reciprocal placements of 2 children between clans was an accepted means of cementing mutual allegiances. In Japan, the adoption of non-relatives was traditionally seen as a means of allying 3 with the fortunes of the ruling family. The willingness of governments to use adoption as a political strategy was apparent, for example, in Australia where it was used to 4 further the assimilation of indigenous people. It is now present in the phenomenon of intercountry adoption where the flow of children, particularly in the aftermath of war, is often politics by proxy. Adoption can be profoundly affected by politics, as demonstrated by the decision of the Chinese government to advocate one-child families which resulted in very many Chinese girls being relinquished for adoption abroad as their parents exercised a preference for a male child. Again, as in Korea in the recent past, c- rently in some South American countries and in those states of eastern Europe newly emerged from under the blanket of totalitarianism, governments can and do facilitate an outward flow of children for reasons of economic and political 5 expediency."

Recenzje

"This is an excellent publication for those wanting to get an international perspective on the politics of adoption. It is authoritative and greatly informative." (Professor John Triseliotis)

"Kerry O'Halloran's Politics of Adoption provides a comprehensive and thoughtful overview of adoption law, both domestic and international, in the common law world. It is an invaluable resource not only for practitioners and scholars but for anyone interested in acquiring an in depth understanding of adoption in all its forms and complexity." (Barbara Bennett Woodhouse, David H. Levin Chair in Family Law, Director, Center on Children and Families, Fredric G. Levin College of Law, Co-Director, Institute for Child and Adolescent Research and Evaluation (ICARE), Gainesville, Florida)

Spis treści

Introduction. Part One: Adoption, Society and the Law: the Common Law Context. 1. Adoption: Concept, Principles and Social Construct. 2. The Changing Face of Adoption in the United Kingdom. Part Two: Developing International Benchmarks for Modern Adoption Law. 3. The Legal Functions of Adoption. 4. Adoption, the Conventions and the Impact of the European Court of Human Rights. 5. Intercountry Adoption and the Hague Convention. Part Three: Contemporary Law, Policy and Practice in a Common Law Context. 6. The Adoption Process in England & Wales. 7. The Adoption Process in Ireland. 8. The Adoption Process in the US. 9. The Adoption Process in Australia. Part Four: Contemporary Law, Policy and Practice in a European Civil Law Context. 10. The Adoption Process in Sweden. 11. The Adoption Process in France. Part Five: Contemporary Law, Policy and Practice in Asia. Chap 12. The Adoption Process in Islam. 13. The Adoption Process in Japan. Part Six: Contemporary Law, Policy and Practice in an Indigenous Peoples Context. 14. Intraculture Adoption. Conclusions.

O autorze

Kerry O’Halloran is a lawyer, social worker and academic who has spent most of his professional life engaged with this subject. The Politics of Adoption is the product of rigorous research, validated by academics in the countries concerned and is written in an accessible manner to appeal not only to academics and practitioners but also to the many whose lives have been touched by adoption.

Blurb

This book updates and significantly extends the first edition published by Springer in 2005. It addresses the social and legal functions of adoption, the changes currently taking place in England & Wales and developments in other common law countries. It identifies themes of commonality and difference in the experience of adoption in a common law context as compared and contrasted with that of civil law countries, other cultures in Asia and with the experience of indigenous peoples. It uses the international Conventions and associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis. Like the first edition, this book will fit most comfortably in undergrad & postgrad Law and Social Work courses; also it would be relevant to sociology and politics.

This book aims to provide an analysis of adoption law, policy & practice in a common law context and to compare and contrast this with the equivalent experience of other cultures. It basically -

• traces the evolution of adoption law, policy and practice across many centuries within England and Wales and other typical common law nations giving particular attention to conceptual and definitional matters;
• identifies and evaluates themes in the contemporary adoption processes of England and Wales and those other common law countries;
• identifies relevant international Conventions and related judicial decisions and analyses their capacity to function as benchmarks for national adoption law, policy and practice;
• uses those themes and benchmarks to construct a template for comparative analysis purposes;
• employs the template to conduct a comparative evaluation of equivalent themes in other cultural contexts, including Sweden, France, Japan and in an Islamic context;
• contrasts the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori;
• explores the politics of intercountry adoption;
• and concludes with an analysis of the significance of differences in cultural context for adoption law, policy & practice.