Adoption Of Law Research Articles

The Paradoxical Development of Liberal Governance: International Adoption Policy and Professional Social Work in Authoritarian South Korea, 1953–1976

Abstract This article explores the development of international adoption policy in post-liberation South Korea, emphasizing the roles of American and Korean professional social workers. By analyzing the orphan registry and a pivotal international adoption law, it reveals how international adoption in South Korea presents a unique opportunity to observe the formation of modern social policy in a newly liberated nation during the Cold War. The study argues that adoption policy served as a crucial locus of transnational governance, where American and Korean social workers pursued their liberal ideals of professional social work within the context of the authoritarian policies of the South Korean state. However, their quest for scientific professionalism, standardized procedures, and public oversight led to a paradoxical evolution of adoption policy, diverging sharply from the trajectory seen in Western liberal democracies where social work significantly contributed to the consolidation and expansion of the welfare state. In South Korea, embedded transnationality and ideological mismatch resulted in the state’s further withdrawal and the creation of policy workarounds that undermined the core social work principle of the child’s best interests. This case highlights the complexities and blurred moral boundaries in the shaping of modern governance and the broader journey toward modernity under postcolonial, Cold War conditions.

Adoption Law Reform: A personal view

Adoption Law Reform: A personal view

Translating Inter-country Adoption as Transcultural Communication

This article attempts to explore transcultural communication through the translated version of “Inter-country Adoption” of the National Civil Code, 2017 ( the Muluki Dewani Samhita) Ain, 2074 BS). It observes the “Hague Adoption Convention, 1993” principles and the Manu’s idea of dharmaputra (adopted sob) mentioned in the “Manusmriti”, the law of Hindu, and its influence on the formation of adoption law in Nepal. The primary purpose of Nepali legal translation is to transfer Nepali legal culture for global communication. The cultural theory of translation developed by Lawrence Venuti and Marry Snell-Hornby and the equivalence theory of Eugene Nida and Peter Newmark are were used as the theoretical base for the study. The significance of this study is to the parents waiting for inter-country adoption and to the university students who have taken translation studies as their major subject. This article concludes that legal translation in Nepal is a strategy to deliver Nepali legal culture to the globe and vice versa.

Denied dreams: The struggle for Same-Sex couples adoption rights in India

In the landscape of India's evolving legal framework concerning LGBTQ+ rights, recent years have seen significant progress towards equality and acceptance. However, the journey towards full integration of LGBTQ+ individuals into society remains fraught with challenges, particularly in the realm of adoption rights for same-sex couples. This article navigates through the legislative landscape of India, discussing the present standing of same-sex relationships, breaking barriers in adoption laws, and examining global advances in adoption rights. Despite recent setbacks, such as the Supreme Court's refusal to legalize same-sex marriages, the resilience of the LGBTQ+ community persists. This article emphasizes the urgent need for legislative clarity and comprehensive anti-discrimination measures to ensure the protection and recognition of LGBTQ+ rights in India. As the fight for equality continues, the unwavering determination of activists reflects a hopeful future where love knows no bounds, and all relationships are celebrated and protected.

Packing for your JCAMP journey and reflecting on lessons learned along the way

AbstractState Court Improvement Programs (CIPs) are responsible for conducting assessments of their foster care and adoption laws and judicial processes, and developing and implementing projects that improve child welfare court practices and the delivery of legal services in child welfare. JCAMP, the Judicial, Court, and Attorney Measures of Performance, provides states with the tools to collect the data necessary to inform those projects and measure their success. This article walks CIPs, judges, child welfare agencies, attorneys, parents and youth with lived experience, and anyone else with an interest in improving the child welfare court system through the JCAMP implementation process while reflecting on lessons learned by jurisdictions currently using JCAMP to collect court data. Key takeaways from these states include the importance of diverse teams, strong project management, and long‐term planning for data use and project sustainability.

KUḺANTAI TATTEṬUPPUT TOṬARPĀṈA CAṬṬA NIYĀYAVIYAL ORU VARALĀṞṞUP PAKUPPĀYVU [THE JURISPRUDENCE OF CHILD ADOPTATION: A HISTORICAL REVIEW

Child adoption has been a longstanding practice in several legal traditions throughout human history. The national progression of child adoption has influenced the corresponding legislative modifications. Examining the Legal Framework of Child Adoption within the Context of Jurisprudence This article provides a historical analysis of the progression toward different legal frameworks. The qualitative examination of pertinent literature is predicated on investigating its content. Both individual countries and international organizations are actively engaged in developing legal frameworks that infringe upon children's rights and compromise their best interests. The adoption laws rooted in the penal code within the common law system have limited efficacy in mitigating instances of child abuse. In addition, international declarations, treaties, legal actions, and established norms protect the rights and interests of adopted children. Utilizing these tools is particularly noteworthy within the context of the intercountry adoption procedure. The legal laws pertaining to adoption have undergone significant development in various aspects, including the criteria for adopter eligibility, the requirement of adopter permission, the determination of adoptive family rights, and the establishment of support obligations.

Names in adoption law and policy: representations of family, rights and identities

Names have heightened importance in adoption, affecting the identities of individuals who are adopted and adoptive family making. In this article, we use critical discourse analysis to gauge how names, and especially children’s forenames, are addressed in the specificities of legal and policy texts governing and guiding the milieu of people affected by adoption in England. We argue that the inclusions, omissions and opacity of content on names we uncover are outcomes of underlying representations of ‘family’ within the texts, whereby ‘family surnaming’ is constructed as the pre-eminent naming issue in adoption, above children’s forename-based identity rights. Our focus on names in adoption advances sociological understandings of the power of names in representing family relationships and individual identities, and of how official discourses of law and policy can privilege some types of relationships over others, and the rights of some family members over others.

Harmonizing Hope: The Urgency of a Uniform Adoption Law in Bangladesh

Bangladesh has established itself as a secular nation with the objective of promoting and safeguarding human rights and equality. Nevertheless, even after half a century after gaining independence, some significant matters concerning personal laws remain antiquated. Although personal laws and usages were codified under the British era, a significant portion of them have not been amended by legislation. Neither under the Pakistani administration nor after the independence of Bangladesh in 1971, did anybody undertake the responsibility of amending the outdated personal laws via legislation. The topic of adoption remains outmoded and discriminatory, posing possible dangers for children who need a stable home. In Bangladesh, the process of adoption is regulated by a collection of laws that result in inconsistencies, uncertainty, and procedural flaws when attempting to pursue adoption. The current diversity in the legal framework also results in prejudice when it comes to adoption by individuals from various cultures. An adoption legislation that applies uniformly is necessary to alleviate the hardships faced by many abandoned, impoverished, and parentless children in our nation. This essay examines the need of implementing a consistent adoption legislation in Bangladesh. This study examines the current laws and practices around adoption in order to identify any deficiencies in the legal framework. This essay seeks to demonstrate the need of a thorough legal framework that can provide clear guidelines, guarantee openness in procedures, and prioritize the well-being of children, all of which are crucial for fostering a unified society. This article proposes a comprehensive adoption legislation that encompasses both national and international adoption rules. It argues that such a law may contribute to social development and serve as a means to improve the welfare of disadvantaged children.

Balancing The Scale of Justice: Addressing Discrimination in The Kenyan Adoption Laws

Balancing The Scale of Justice: Addressing Discrimination in The Kenyan Adoption Laws

LGBT+ rights claims for marriage equality and the possibilities of transforming Indian family law

Abstract The Indian Supreme Court decriminalized homosexuality in 2018 and recognized the equal constitutional citizenship of LGBT+ Indians. Since then, several petitions seeking marriage equality have been filed before Indian courts. In parallel, critics have argued that traditional approaches to LGBT+ equality ignore problematic family law institutions, and have stressed the need to think beyond legal inclusion to recognize diverse families. These arguments are not unique to India. Claiming LGBT+ rights within existing family law institutions has divided LGBT+ activists the world over. The commonly advanced argument is that assimilation into existing patriarchal social institutions disregards radical transformational possibilities. However, experiences in jurisdictions like the United States challenge this premise and show how family law can potentially be transformed through LGBT+ rights claims. While we still await an authoritative judicial pronouncement on marriage equality in India, this article argues that legally recognizing marriage equality may positively impact existing family laws by generating arguments for expanding recognition of diverse families. It shows that achieving marriage equality through the recognition of LGBT+ relational rights, comprising LGBT+ family equality and the right to legal recognition of LGBT+ relationships, has the potential for progressively expanding Indian parenthood laws. The article specifically demonstrates how this is possible in guardianship, assisted reproduction, and adoption laws and may benefit diverse different-sex families, single parents, and persons in non-marital relationships.

Hukum Pengangkatan Anak di Negara Muslim

This paper examines the adoption (adoption) of children from the perspective of Islamic law in the world. This writing aims to find out how the law of adoption (adoption) of children in Muslim countries. This research uses library research by collecting qualitative data. This data was obtained from several sources such as books and journal articles. This study uses a normative approach by analyzing the rules that exist in several Muslim countries in the world, one of which is related to the law of adoption or adoption. The results of this study are that every Muslim country in the world has its own rules regarding adoption or adoption laws, especially those in Indonesia, Turkey, Malaysia, Jordan, Egypt and Tunisia.

Intercountry Adoption in Malaysia and Morocco: A New Frontier

Intercountry adoption offers a family-based care option for children in need of care and protection. It allows them to find loving and permanent homes outside their birth country, providing them with stability, support, and a sense of belonging essential for their well-being. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 (Hague Convention 1993) serves as the primary international legal instrument governing intercountry adoption. Despite its importance, intercountry adoption remains relatively uncommon in Malaysia, as the country lacks specific statutory provisions and is not a signatory to the Hague Convention 1993. The purpose of this study is to examine the current state of intercountry adoption in Malaysia and Morocco and explore the viability of intercountry adoption as a child protection measure. The study involves interviews with relevant departments and an examination of Malaysia's current adoption laws. Additionally, the study analyses the international legal framework, including the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (UNCRC) to provide a comprehensive understanding of the context surrounding intercountry adoption. Furthermore, this paper offers a comparative analysis of Morocco's intercountry kafalah system, which recognises kafalah as an alternative to legal adoption based on Islamic law. The findings of this study will offer valuable insights and recommendations for enhancing Malaysia's approach to intercountry adoption. By considering best practices and international standards, this research seeks to ensure the well-being and protection of children in need of care and protection, promoting their access to a stable and nurturing family environment.

Adopsi Anak Dalam Perspektif Al-Qur’an Surah Al-Ahzab Ayat 5

This article aims to find out the problems in the implementation of the adoption of children in terms of Islamic law contained in QS. al-Ahzab verses 5. Feeling a child who is not his biological child is often understood as permissible, this is evidenced by the fact that there are still many adoptive parents who entrust their adopted children to him. This study uses the maqashidi interpretation approach to capture the maqashid that exists in the law of child adoption. The result of this work explains that in QS. al-Ahzab verses 5 explains the monasticity of a person to call an adopted son to one other than his father. However, it is allowed if it is because of someone's ignorance. Adoption has been practiced by the Prophet Muhammad since before the prophethood, the Prophet Muhammad adopted Zaid bin Haritsah as his own son.

Reimagining the Family, Lesbian Mothering in Contemporary French Literature by Robert Payne

Reviewed by: Reimagining the Family, Lesbian Mothering in Contemporary French Literature by Robert Payne Anoosheh Ghaderi Payne, Robert. Reimagining the Family, Lesbian Mothering in Contemporary French Literature. Peter Lang, 2021. ISBN 978-1-78874-772-1. Pp. 209. This book provides a comprehensive study of the picture of the paternal role in 21st century French lesbian writing. The author selected ten texts from 1970 to 2013, a period in which PACS (civil solidarity pact) was avidly debated across diverse fields in France. He argues that recognition of LGBTQ+ civil rights such as the legalization of same-sex marriage to reproduction and adoption laws, the emergence of self-portrayals of same-sex families, and the advent of discourses on lesbian mothering opened the path for a more inclusive image of the family. Focusing on the lesbian motherhood experience, Payne also explores lesbian writing, which, according to him, has not received equal scholarly attention as literary works produced by gay men. He also aims to acknowledge literature's precedence over legal endorsements in reflecting and contributing to social changes in the case of LGBTQ+ communities. Payne begins his analysis by showing the limits of feminist and psychoanalytic theories when applied to lesbian mothering. With their aversion to the patriarchal model of the family in a heterosexual, heteronormative context, key feminist figures such as Simone de Beauvoir expressed critical views of motherhood. But according to Payne, feminism, and psychoanalysis are myopic to the empowering role that motherhood plays in a non-heteronormative context. Contemporary lesbian writings reflect a more positive portrayal of motherhood and challenge the notion of parenting as a non-biological, non-heterosexual concept. Payne believes that some of the texts actually prefigure the debates on same-sex families in France by queering the concept of parenting through rethinking the fundaments of the family as a biological, binary unit. Nevertheless, the portrayal of same-sex families constantly oscillates between resembling or differentiating from heterosexual families while maintaining equality. The author concludes that the tendency to portray the personal experience of mothering as a lesbian supersedes radical views on motherhood and inclines to normalize lesbian mothering. Therefore, a groundbreaking image of lesbian parenting is yet to be achieved. In his concluding note, he assesses the lack of more transgressive views on the shape of the family in this body of literature. He regrets the inadequacies of these narratives in surpassing the body politics and the ordinary, heterosexual shape of mothering. Undoubtedly, Payne's study of French lesbian writings forwards the discussion surrounding lesbianism and motherhood in important ways. However, the author's final reservations stand in tension with his initial argument about literature's precedence over both social changes and legal recognition. Concluding the book with a comment on the perceived inadequacies of the movement, the analysis tends to unhelpfully mix descriptive and prescriptive approaches. This is likely due to the author's attempt to engage the subject matter from a supposedly purely academic point of view. This criticism, though, does not take away from the ultimate value that Payne's study adds to this difficult and often fractious discussion. [End Page 198] Anoosheh Ghaderi Louisiana State University Copyright © 2023 American Association of Teachers of French

Illustrissime Princeps, Episcope Reverendissime: How Did John of the Lithuanian Dukes Finance His Life as Prince and Bishop?

From childhood, the son of Sigismund the Old and Catherine Telniczanka, John of the Lithuanian Dukes (1499-1538), knew he was a prince, and so did his contemporaries. However, maintaining a princely estate does not come cheaply. The aim of this article is not to examine in detail the financial records of this princely cleric, for such documents no longer exist, nor shall we speak in general of the official income of the bishops of Vilnius; rather, we shall examine, where the meagre sources permit, how the bishop garnered income from property deals, the patronage of artisans, loans, and tax farming to fund his activities as a prince of the Church and a responsible secular lord. A broad account is given of John’s income and expenditure in childhood, his clerical career in the sees of Płock, Poznań and Vilnius, and his acquisition of property in Šiauliai and Volyn. Attention is also paid to the bishop’s use of the adoption law to his financial advantage.
 John was by no means a poor man but he was not as wealthy as he might appear – he promised to pay for building work in Poznań but left debts; he was expected to restore the city walls, but died prematurely. He pledged to present the Poznań cathedral treasury with a golden chalice but left only a debt of 300 złoty; the same goes for the ring he promised on his joyful ingress into his new see. He was economically astute – he built the first glass foundry in Vilnius on condition it provide him with window glass and tableware. He purchased houses and rented them out for long term occupation – the rent of at least three generations of Kirchel burghers in Vilnius funded his mansionary chapel in Vilnius cathedral. He gives the impression of never having enough ready cash at hand, despite obtaining large swathes of financially profitable grand-ducal territory which produced the considerable income he needed to spend on administration.

Ethical Need for a Fertility Decision-Aid for Transgender Adults of Reproductive Age

Ethical Need for a Fertility Decision-Aid for Transgender Adults of Reproductive Age

Research Handbook on Adoption Law, edited by Nigel Lowe and Claire Fenton-Glynn

<i>Research Handbook on Adoption Law</i>, edited by Nigel Lowe and Claire Fenton-Glynn

Law and Adoption in the UK: A Conversation with Alice Diver

abstract: In this conversation, Emily Hipchen speaks with Dr. Alice Diver (School of Law, QUB, N. Ireland) about some of the themes underpinning her publication, "'Monstrous Othering': The Gothic Nature of Origin-Tracing in Law and Literature" (November 2021). The conversation opens with a brief discussion of their own respective experiences as "mother and baby home" adoptees in the US and Canada in the 1960s before turning to an analysis of how the particular adoptee brand of "fearful otherness" is often represented—and indeed perpetuated—in certain works of "monstrous orphan" fiction. In respect of achieving meaningful sociolegal and cultural reforms, language is key. The debates surrounding the wording of Ireland's controversial Birth Information and Tracing Act (2022) highlighted how lingering prejudices still attach to the topic of adoption and to the need to find one's origins. Discriminatory barriers to access—and contact with genetic relatives—still exist: the use of labels matters, too, as the controversy over the use of the term "birth mother" within the legislation (since amended to "mother") also evidenced. Though mainly relevant to adoptee rights, and adoption law and policy, debates and discourse on language may also impact on other areas where losses of origins occur, such as surrogacy and international adoption.

"Peculiar Finalities": Blurring the Borders between Abduction and Adoption?

ABSTRACT: The Hague Convention on the Civil Aspects of International Child Abduction is not usually associated with the issue of child adoption: its case law is often complex and focused upon such concepts as "habitual residence" and parental consent, neither of which fit comfortably into the various discourses arising out of adoption law jurisprudence. And yet, aspects of Hague's body of case law arguably hold relevance for adoptees and their estranged birth relatives, in the sense that they touch upon difficult features of family life: kin contact, access to accurate information, abusive relationships, and the notion of relinquished parenthood. Judicial interpretations of such principles as best interests, the voice of the child, the extent of parental responsibility, and the need for child identity, can offer convoluted rights analyses which in turn touch upon the consequences of suffering certain losses, not least original kinships and natal or sociocultural identities. These discourses highlight the implications of maintaining or severing genetic connections: mention is often made of the need for speedy family reunification, the importance of preserving the child's ties to their country of origins, and the benefits of having some form of contact with family members. Significant too is the child's ability—or otherwise—to integrate into new cross-border familial or sociocultural settings. The human rights implications of losing or gaining access to one's "roots" via geographic dislocation (or indeed through a court-ordered return to a place of origin) are therefore key.

Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages

Where one contracting party accepts the other party's repudiation should the former party's entitlement to substantial damages depend upon proof of its future ability to perform? The relevant case law is notoriously complex, and the question remains unsettled. This article identifies the reasons for this complexity and uncertainty and proposes a way forward. It is first established, consistently with the decision in Bunge v Nidera, that when the parties’ obligations are dependent or concurrent the innocent party's ability to perform in the post‐termination period must be relevant to any damages assessment. Next, the critical question of which party should be allocated the burden of proving the innocent party's future ability (or inability) to perform is confronted. It is argued that, subject to two specified exceptions, considerations of both principle and practicality favour the law's adoption of a rebuttable presumption that the innocent party would have performed its remaining obligations.