Adoption Of Law Research Articles

Prawo właściwe dla przysposobienia według polsko-ukraińskiej umowy o pomocy prawnej

The subject of the study is the analysis of the conflict of law rules contained in Article 30 of the Agreement between the Republic of Poland and Ukraine on legal assistance and legal relations in civil and criminal matters, made in Kiev on May 24, 1993 (Journal of Laws of 1994, No. 96, item 465) determining the jurisdiction and applicable law for establishing, amending, terminating and canceling the adoption. Before proceeding with this analysis, some differences in the substantive and procedural/technical rules relating to adoption in Polish and Ukrainian law are pointed out. Furthermore, it is emphasized that under Article 30 of the Agreement the institution of renvoi plays no part. In the event of multiple Polish and Ukrainian citizenship, the decisive factor becomes the “effective” citizenship. Article 30, on the other hand, offers no solution for stateless persons. Next, the jurisdiction designated by Article 30 sec. 5 sentence 1 of the Agreement (dealing with matters of adoption, as well as the amendment, termination or annulment of the adoption) is analyzed. Subsequently, the author takes up the questions relating to determination of the law applicable to adoption by one person and the joint adoption by spouses. The author contends that the law applicable to the adoption is fixed and so it is not subject to changes. The article assumes that the effects of a full adoption “transform” — on the confl ict-of-laws level — into relations between parents and children, and the effects of a partial adoption are governed by the law applicable to the establishment of adoption.The article shows that the law applicable to its establishment of the adoption is applicable also to the amendment, termination and annulment of adoption. The author further submits that in theory the public policy clause may be used under the Polish-Ukrainian Agreement, but in practice this should not occur too often because there are no provisions of the Ukrainian adoption law, the application of which would result in consequences contrary to the fundamental principles of the Polish legal order.

A review of perceptions, challenges and prospects of child adoption in nigeria

Child adoption in Nigeria is still an evolving process .The enactment of the Child's Right Act in Nigeria has legalized child adoption. The Objective of this study include to access the perception of child adoption in Nigeria; to determine the challenges of child adoption in Nigeria, and to investigate the prospects of child adoption in Nigeria. The method used was to explore secondary data, policy documents, existing studies and reviews from scholars, local and international organizations. Perception of child adoption slightly vary across the country, with most Nigerian having fair knowledge of the term “child adoption” which does not translate into its practice .It was also shown that infertility is the main factor that has influenced the rate of willingness and acceptability of child adoption in Nigeria. However, the ideology that biological ties are fundamental to family relations is associated with several stigmatizing beliefs about adoption, which may cause both the adoptee and the adoptive parents to feel socially marginalized and devalued. Just like other part of the world, child adoption in Nigeria is faced with several challenges ranging from stigmatization, unknown parental background, possible inherited or genetic diseases, psychological and religious beliefs, poverty, establishment of illegal adoption and orphanage homes, future claim by the biological parents, disloyalty or abandonment of adoptive parents the child when the child learns that he or she was adopted. The future prospects of child adoption lie in Nigerians taking seriously the principles and standards enunciated in the international adoption law of Nigeria that the best interest of children (which include their survival, development, protection and participation) should be the guiding principle in the whole adoption process. In conclusion , the perception, challenges and prospects of child adoption reviewed in this study shows child adoption in Nigeria is still evolving and requires the government, churches, other religious bodies, NGOs, individuals and the public at large to join hands in welcoming and implementing the right practices of child adoption, as well as ‘Child's Right Laws' .

Equity for the child in adoption: Some issues of concern in the adoption of children ordinance of Sri Lanka

The Adoption Ordinance of 1941 regulates the adoption of children in Sri Lanka. The few <em>ad hoc </em>amendments made thus far to this eighty-year-old colonial statute have proved inadequate to efficiently address illegal baby farming and trafficking of children in the country. It also falls short of internationally recognized standards and norms regarding adoption of children, denying many children several rights they are entitled to as vulnerable human beings. This situation is due to two main reasons. Firstly, the Ordinance fails to respond to the contemporary socio-cultural structure, which has transformed tremendously during the last eight decades. Secondly, powers and functions relating to child rights governance have fluctuated between the center and the provinces, resulting in a tugof-war between multiple authorities. Amidst insensitivities, adversaries and corruption, the system fails to ensure equity for the children. The article stresses the need to relocate the adoption law within a childrights-centered framework. Being mindful of the multi-faceted and largescale exploitation and trafficking of children, and the powerplay between central and provincial authorities working on probation and childcare, the article emphasizes the necessity to overhaul the law and the institutional framework. The article aims to strike a balance between human rights issues, psychological and psychosocial issues, and issues relative to child-rights governance. The article proposes substantive and procedural changes and lists out guidelines for judicial and other officers involved in adoption processes to protect the rights of the child.

Permitting the Compensation of Birth Mothers for Adoption Expenses and its Impact on Adoptions

Abstract For seven decades, states have passed legislation to regulate the exchange of funds in the adoption process by either enabling or prohibiting prospective adoptive parents from compensating a matched birth mother for adoption-related expenses. In 1940, no state codes contained provisions for adoption compensation. By the mid-1980s, nearly half of states had passed such legislation, and today, 45 states have such laws. Leveraging this variation in state adoption laws governing compensation, I estimate how the allowance of monetary transfers affects the number of infant adoptions in a two-stage difference-in-differences framework. Results indicate that the number of private infant adoptions is not affected by the passage of such laws, and estimates are robust across multiple specifications. The findings suggesting that non-fiscal concerns or uncertainty in the matching process may overshadow potential compensation of medical, legal, or living expenses.

Adoption (Successful Unification of Adoption Law in Interwar Czechoslovakia)

The study analyses the Hungarian and Austrian adoption laws that inspired lawmakers of the Czechoslovak Act No. 56 of 1928 Coll. As the Hungarian and Austrian laws, the Czechoslovak Act of 1928 on Adoption recognised adoption as a contract to ensure an heir. It advocated compliance with the principle adoptio naturam imitatur. Therefore, it helped to improve the social and legal position of abandoned and neglected children. For lawmakers, the primary inspiration source was the Austrian General Civil Code (ABGB). Nonetheless, several provisions of the ABGB were identical with the Hungarian customary law, court practice, and office practice. Adopters had to be childless, older than forty years of age, and a minimum of eighteen years older than the adoptees. Married persons could adopt only with the consent of their spouses (in this, the influence of the ABGB was the strongest). Contrary to ABGB, but under the Hungarian court practice, was the possibility for a man to adopt his illegitimate biological child. It was possible to adopt majors as a limitation to the principle adoptio naturam imitatur. Adoption was a contractual relationship. It established a relation only between the adopter and adoptee, while the relationships of the adoptee with the birth family continued. For instance, if the adopter failed in his duty to aliment the adoptee, the biological father had a supportive legal obligation to pay alimony. The main goal of the adoption process was to produce an heir. For this reason, we can conclude that the interests of adopters prevailed over the interests of adoptees. It changed radically after 1949, and the most important in the adoption process has become the best interest of the child.

«The Application of the New Law of Adoption and the Psychological Preparation of Prospective Stepparents»

IntroductionThe new adoption law, which was introduced in Greece in 2018, brought radical changes in adoption.ObjectivesThis presentation aimed to investigate the emotions of the prospective stepparents, based on the changes which were effectuated by the new law of adoption.MethodsThis survey was conducted through mixed methodology. Quantitative research was addressed to investigate the emotions of the to prospective stepparents. Qualitative research was addressed to social workers and its goal was to depict their opinion about the new law and the prospective stepparents’ expressed emotions.ResultsThe findings of the survey have demonstrated that the stepparents had a variety of emotions that changed throughout the adoption process. The dominant feelings of parents at the first visit with the social worker were stress and anxiety. However, at the end of the training process, these feelings were replaced by confidence and impatience. This emotional rotation of prospective stepparents was confirmed in the social workers’ interviews. In addition, social workers interviews highlighted the importance of the amendment of the old law of adoption’s process.ConclusionsTo sum up, this research has shown the importance of the new law and therefore the significance of its right application from all children’s placements in Greece. Nevertheless, it seems that due to the recent application of the new law, many placements have not yet complied with it and therefore there is urgent need for reinforcement of its application, according to the guidelines of the European Union that demanded gradual deinstitutionalization using the alternative types of child care.DisclosureNo significant relationships.

Analisis Konsep Wasiat Wajibah dalam KHI dan Putusan MA

This article attempts to answer two questions regarding the concept of wasiat wajibah: first, what is the background of KHI Article 209 concerning wasiat wajibah and the reason of Supreme Court extends the concept of wasiat wajibah to non-Muslim relatives and stepchildren; second, how are the similarities and differences between wasiat wajibah in the KHI and the Supreme Court's decision. This article is a qualitative research using data sourced from the literature. The data obtained then analyzed using a descriptive-comparative approach. The results of the discussion shows that wasiat wajibah in the KHI is motivated by Islamic law, customary law and in order to provide legal certainty and bridging legal differences between Islamic law and customary law related to adoption law. As for the wasiat wajibah in the Supreme Court Decision, which is given to non-muslim relatives to fill a legal vacuum, on the basis that judges may not reject cases that have no law or are unclear. The difference between wasiat wajibah in the KHI and the Supreme Court's decision is in terms of the recipient of wasiat wajibah. According to KHI, it is intended for adopted children and adoptive parents with a maximum of 1/3 of the inheritance. Meanwhile, the Supreme Court's decision can be applied to non-muslim relatives and stepchildren. They get a share of muslim heirs based on wasiat wajibah as much as the share of muslim heirs on an equal footing, a maximum of one third or a maximum of 1/3 of the inheritance.

What Same-Sex Adoption Laws Can Tell Us About the Gender Wage Gap in the United States.

Gender wage gaps are frequently explained as resulting from direct discrimination, employers’ preferences over personality traits, and differing labor force attachment. We rely on a natural quasi-experiment using exogenous changes in state-level, same-sex adoption laws to distinguish between the competing explanations of the gender wage gap. Estimates from a differences-in-differences model show the wage gap between lesbians and heterosexual women shrank or inverted in those states which legalized adoption by same-sex couples. The wage gap did not change for men. This supports the parenthood hypothesis as a viable explanation for a portion of the gender wage gap.

ADOPTION WITHOUT TEARS: APPRAISAL OF THE LEGAL REQUIREMENTS IN NIGERIA AND OTHER JURISDICTIONS

The successes of most African marriages are largely predicated on child bearing. The discovery of childlessness in marriage often comes with psychological and physical torture, sometimes resulting in self-blame and seeking possible options, one of which is adoption. Adoption is a unique mode of establishing a family relationship between a person and a child of a known or unknown parentage with a view to making such a child legally that of the adopting parent. Adoption allows persons to legally assume the role of parenthood over a child that is not biologically borne by them. The reason for which a person may wish to adopt could range from infertility to need to get a particular sex or provide companionship for an only child, to stabilize a childless marriage, or to provide care for children who have been abandoned or rejected, or to ‘replace’ a dead child. Adoption is not just about picking any child of one’s choice and claiming of ownership. This paper focuses on an appraisal of the necessary procedures to comply with when adopting a child, whether to reside within or outside Nigerian jurisdiction. The doctrinal method of research such as textbooks, journal articles, case laws, internet materials etc. were used to carry out this research. Findings revealed that there are lots of legal gymnastics or hurdles involved which may be difficult to successfully navigate without professional help including the challenge of taking the child outside Nigeria. Therefore, it is recommended that there should be established legal frameworks that promote comprehensive child adoption laws that harmonize internal and international instruments, to back implementation of these laws with needed enforcement procedure.&#x0D;

Perbandingan Prosedur Pengangkatan Anak Menurut Hukum Positif Indonesia Dengan Hukum Islam

There are various law systems in Indonesian civil law system. This kind of condition makes child adoption could use one of the governing law systems. This research is focusing on finding civil law systems that is actively governing in Indonesia and comparing the child adoption law between Islamic law and Indonesian civil law. This research uses normative-comparative approach, descriptive method, secondary data, and qualitative analysis. The result of this research shows that at least there two civil law systems in Indonesia, they are Islamic civil law (which uses Islamic Law Compilation) and Indonesian civil law (which uses various regulations made by the Indonesian parliament and government). Child adoption is regulated in Indonesian civil law and legally implicated to all parties involved. On the other hand, child adoption is not allowed in Islamic law. So that, child adoption in Islamic law will have no legal consequences to every parties involved, except the obligatory testament.

Adopting in the Shadows: False Registration as a Method of Adoption in Postcolonial South Korea

AbstractThis article examines false registration as a method of domestic adoption in South Korea. The article argues that the practice of falsely registering adoptees as natural births in the family registry emerged in response to the highly restrictive adoption laws in South Korea. As adopting agnatic kin for the purpose of family succession was deemed the only legitimate form of adoption, significant hurdles existed for other kinds of adoption in Korea. This article examines the history of domestic adoption in Korea and highlights the legal hurdles to domestic adoption. These restrictive adoption customs first originated during the Chosŏn dynasty (1392–1910) as a prescription for yangban elite; they were then codified as customary law for all Koreans under Japanese colonial rule (1910–45). The ban on non-agnatic adoption continued in the postcolonial period when it was codified in the new Civil Code of 1960. Multiple legal reforms were attempted since the 1970s to promote domestic adoptions, but change was slow. This article argues that the highly restrictive nature of adoption laws in South Korea produced an adoption regime that existed largely outside of the legal realm.

La réforme du droit de l’adoption internationale en Allemagne

The German private international law on adoption has long been considered in need of reform. Above all, the criticism concerned the fact, that the (complex) connecting factor under the conflict of law rules, which primarily took into account the interests of the adopter(s), was n° longer up to date. A decision of the German Federal Constitutional Court finally gave the impulse for a reform of the conflict-of-law rules. The legislature had been instructed to implement a change in the substantive adoption law by 31 March 2020. The subject matter of the reform was the (previously excluded) stepchild adoption in non-marital partnerships. The corresponding change in substantive law resulted in a need for adaptation in private international law. On this occasion, the legislature took the opportunity to fundamentally reform the relevant regulations. The amendments came into force on 31 March 2020. An adoption in Germany is now always subject to German law. Otherwise, it is subject to the law of the state in which the person to be adopted has his or her habitual residence at the time of adoption. For potential requirements of consent, the old law provided for a supplementary connection to the national law of the person to be adopted. This is n° longer the case in the new law. The following article provides an overview of the new regulation and explains the background.

How Does Law Prescribe Circulation of Children? Understanding Different Kinds of Movement Within the Adoption Law in India

This article looks at how adoption law prescribes correct contexts for the legitimate movement of children. It is specifically an analysis of the Adoption Regulation of India, 2017, and the Juvenile Justice Act 2015, and the way in which they warrant three kinds of movement of children through adoption: ‘abandonment’/’surrender’, ‘return’ and ‘giving and taking’. By investigating the precise way in which law formulates definition of these terms, this article attempts to understand how legal terminology comes to affect the kind of sites that the biological family, the state and the adoptive family end up becoming.

Closing New Loopholes: Protecting Children in Uganda’s International Adoption Practices

Despite closing a legal guardianship loophole that enabled foreign prospective adoptive parents to bypass restrictive Ugandan adoption laws in 2016, corruption in intercountry adoption persisted, with the courts legitimating new end-runs around the requirements. But US sanctions issued in 2020 bring new hope for reform. By highlighting what children’s advocates are doing to fight back, I suggest strategies for effective child and family safeguarding practices against adoption corruption as well as efforts to seek justice for affected children and families.

Children’s rights in adoption from out-of-home care: how well do legislative frameworks accommodate them?

ABSTRACT This paper focuses on the Australian legislative, policy and procedural framework regulating adoption from out-of-home care (OOHC) and the relationship to children’s rights. As a signatory to the United Nations Conventions on the Rights of the Child, Australia has agreed to respect, protect and fulfil children’s rights. However, because child protection is a State and Territory responsibility, these frameworks lack consistency in the way that decisions are made or how children’s interests are protected. We draw on findings from a qualitative study that examined Australian adoption laws and policies and consider how these align with a rights-based approach to adoption from OOHC. These were examined through the lens of values perspectives, which helped clarify how children’s rights including birth family relationships, identity and participation were represented. The results highlighted that some rights were treated in a discretionary manner, key differences in the extent to which jurisdictions protected, respected and fulfiled these rights and the conditions that determined when they were carried out. Notably, some jurisdictions were not adequately adhering to rights related to children’s participation in the adoption process or protecting and respecting rights to identity, culture and family relationships, especially in the context of Aboriginal and Torres Strait Islander people. The findings confirm the need to uphold children’s rights through policy and in practice.

Ethical Lawyering in Adoption: Centering the Child in Adoption Law

Legal scholars have engaged in robust discussions of ethics in adoption law, but have paid little attention to the lawyering role in adoption. This article seeks to fill this gap by reviewing the disconnect between ethical obligations as conceived by lawyers’ rules of professional responsibility and societal norms of ethics; and proposes an ethic of care for lawyers that centers the interests of the child. This article draws on Tronto’s four phases of care, and argues that centering the needs of children for continuing relationships leads to ethical adoption lawyering.

Kafala y Derecho español tras la reforma de la Ley 54/2007. A propósito del auto AP de León de 27 de junio de 2019

No reconocimiento de Kafala constituida entre ciudadanos marroquíes a efectos de adopción. Antecedentes y alcance de la prohibición contenida en el artículo 19.4 de la Ley de adopción internacional. La prohibición de constitución de adopción frente a ley personal del menor prohibitiva está dirigida a las autoridades competentes y su infracción, fuera de las excepciones previstas, invalida la adopción.

Revitalizing adoption laws

ABSTRACT This paper is an analysis on the history of adoption in India and the machinery in place now. It also attempts to understand how far the adoption laws in India are in consonance with her international obligations. In particular, the paper will focus on how the LGBTQ+ community is unfairly affected by the system in place. It will also highlight the need to recognize the interests of rescuers of abandoned infants in case of adoption. The author will shed light on the importance of legalizing second parent adoption and permitting direct placement adoption. The paper proposes that necessary amendments must be carried out in the 2015 Juvenile Justice (Care and Protection) Act [JJ Act], thereby making the adoption laws in India more comprehensive and ensuring that the concerns are addressed. The study is limited to in-country adoptions alone.

Qualitative Study of Social-Legal Dimensions of the Tendency of Single Women and Girls to Adopt Children with Emphasis on the Law for the Protection of Parentless and Abused Children and Adolescents

Such issues as divorce, natural and human events, addiction, illicit relationships, temporary marriages and other anomalies have various consequences such as orphan and abused children. Adoption is one of social solutions to this problem. According to Welfare Organization in 2018, 1496 parentless and abused children and adolescents, and 157396 single girls and women aged 30 to 50 years old live in Tehran. After the approval of the New Adoption Law in 2013, it was expected that more single girls and women be accepted due to this law but since then, only about 7% of these children have been adopted. The present qualitative research attempted to identify factors affecting the tendency of the selected population, reducing the number of barriers and increasing the factors influencing the child adoption inclination. The data were collected interviewing with sixteen single girls and women aged 30-50 living in Tehran through deep and semi-structured interviews based on the “field theory”. The results of this research are: Not receiving institutional support after adoption, negative look on parenting a children as the context conditions, negative social image of adoption as the causal conditions, passing laws as intervening conditions, not overcoming the advantages of adoption to its disadvantages as interactions, and finally, not accepting the New Adoption Law as a consequence.

Adoption Law: A Practical Guide, Nasreen Pearce and Richard Budworth

Regarded by some as the most heavily regulated area of social work, adoption remains a politically contentious, emotionally charged and constantly evolving intervention for which those involved need all the help they can get. As the preface to Adoption Law: A Practical Guide implies, the challenge to provide a comprehensive and, crucially, up-to-date guide to an area of policy and legislation in which government takes such a close interest, can be no small feat: this review was written days after The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 were published, suspending, albeit temporarily, aspects of adoption law that this book’s authors have taken pains to explain. This book is a thorough, well-signposted yet concise digest that should be on the shelves of any adoption professional for when CoramBAAF’s pocket compendium ‘Adoption Now’ (Smith et al., 2013) is not quite enough. The Contents pages, followed by...