Read e-book online The politics of adoption : international perspectives on PDF

By Kerry O'Halloran

ISBN-10: 1402041535

ISBN-13: 9781402041532

ISBN-10: 1402041543

ISBN-13: 9781402041549

Lawyer, educational and social employee Kerry O’Halloran analyses the basic social and criminal features of adoption. it's a well timed e-book, during this, its moment version, as the world over adoption legislation reform is now giving upward push to contentious issues.

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Extra info for The politics of adoption : international perspectives on law, policy & practice

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Those recognised as parties, the main governing principles, the elements of their contractual relationship and the effect of an adoption order on their status are all essentially as initially defined. However, the balance then struck between the public and private interests is now undergoing significant change. The key component in this re-balancing has been the welfare interests of the child. 90 Adoption has 89 90 See, Re C (A Minor) [1988]1 AER 712h. See, Bean & Melville, op cit. 38 Adoption and society never quite shed the political ambivalence that accompanied its eventual arrival onto English statute books, long after the introduction of equivalent legislation elsewhere, because of a reluctance to allow the welfare interests of a child to override all other concerns.

This approach was extended to suggest that the test be applied with a view to seeking assurance that it can be satisfied into the adulthood of the subject concerned. So, for example, where the Court of Appeal upheld81 an adoption order granted six days before the subject with a learning disability attained his 18th birthday, it was held that in such circumstances the welfare consideration should extend beyond childhood. For most of the lifetime of the adoption process, legislators and/or the judiciary have ensured that a measured rather than an overriding weighting was given to welfare interests relative to all other considerations when determining adoption applications.

See, Re MW (Adoption: Surrogacy) [1995] 2 FLR 789 where the court dismissed a surrogate mother’s opposition to an adoption application by commissioning parents in respect of a child who by then had been in the applicants care for two-and-a-half years. 5. INTERCOUNTRY AND TRANSRACIAL ADOPTIONS The acquisition of a child in a foreign country by citizens, resident and domiciled within another jurisdiction, who either adopt the child in his or her country or return with the child and initiate adoption proceedings, is neither a recent nor an unusual phenomenon.

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The politics of adoption : international perspectives on law, policy & practice by Kerry O'Halloran


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