The Politics of Adoption: International Perspectives on Law, Policy and Practice (Ius Gentium: Comparative Perspectives on Law and Justice Book 41)

La 4e de couverture indique : "This book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It updates and extends the second edition published by Springer in 2009. From a standpoint of the development of adoption in England & Wales and the changes currently taking place there, it considers the process as it has evolved in other 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 other countries. It looks at adoption in France, Sweden and other civil law countries, as well as Japan and elsewhere in Asia, including a focus on Islamic adoption. It examines the experience of indigenous people in New Zealand and Australia, contrasting the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori. A new chapter studies adoption in China. The book 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." Adoption has always had a political dimension. Its potential use to achieve political ends has been evident throughout history and in many different cultures. In Roman 1 times an emperor would adopt a successful general to continue his rule. In Ireland under the Brehon Laws the reciprocal placements of children between clans was 2 an accepted means of cementing mutual allegiances. In Japan the adoption of non-relatives was traditionally seen as a means of allying with the fortunes of 3 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 further 4 the assimilation of indigenous people. It is now present in the phenomenon of intercountry adoption where the ?ow of children, particularly in the aftermath of war, is often politics by proxy and which arguably attracts the involvement of 5 some countries for reasons of economic and political expediency. Adoption does not function in isolation. It plays a distinct role within the c- text of family law proceedings. The extent to which it is available as a resource for children in the public care system or as an adjunct to marriage proceedings is essentially politically determined. It is itself susceptible to political in?uence. 6 In fact direct political leadership, exercised ?rst by President Clinton and then 1 See, Gibbons, The Decline and Fall of the Roman Empire, Harrap, London 1949 at p. 30. "This book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It updates and extends the second edition published by Springer in 2009. From a standpoint of the development of adoption in England & Wales, and the changes currently taking place there, it considers the process as it has evolved in other 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 other countries. It looks at adoption in France, Sweden and other civil law countries, as well as Japan and elsewhere in Asia, including a focus on Islamic adoption. It examines the experience of indigenous people in New Zealand and Australia, contrasting the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori. A new chapter studies adoption in China. The book 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"--Back cover Front Matter....Pages i-xxxiii Front Matter....Pages 1-1 Adoption: Concept, Principles and Social Construct....Pages 3-37 The Changing Face of Adoption in the United Kingdom....Pages 39-75 Front Matter....Pages 77-77 The Legal Functions of Adoption....Pages 79-105 Adoption, the Conventions and the Impact of the European Court of Human Rights....Pages 107-136 Intercountry Adoption and The Hague Convention....Pages 137-187 Front Matter....Pages 189-190 England & Wales....Pages 191-251 Ireland....Pages 253-306 The United States of America....Pages 307-363 Canada....Pages 365-407 Australia....Pages 409-449 New Zealand....Pages 451-489 Front Matter....Pages 491-491 Sweden....Pages 493-524 France....Pages 525-564 Germany....Pages 565-599 Front Matter....Pages 601-601 The Adoption Process in an Islamic Context....Pages 603-635 Japan....Pages 637-681 China....Pages 683-720 Front Matter....Pages 721-721 Intraculture Adoption....Pages 723-761 Front Matter....Pages 763-763 Politics and a Regulatory Regime for Adoption....Pages 765-791 Politics and a Contemporary Social Role for Adoption....Pages 793-823 Back Matter....Pages 825-854