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

"The Politics of Adoption" identifies and analyzes the fundamental social and legal functions of adoption. It is a timely publication as across the world adoption law reform is now giving rise to contentious issues. The change process underway in England and Wales offers an opportunity and a perspective to explore areas of commonality and difference in the experience of other nations. It also provides a window through which to examine the presumption that within and between cultures there exists a common understanding of what is meant by adoption.This book offers a comparative analysis of developments in the law, policy and practice of adoption in England and Wales, the US, Australia and Ireland. It explores the global phenomenon of intercountry adoption. The impact of the European Convention and other international legal instruments are assessed and the resulting implications for the future of adoption are considered. It suggests that the more open experience of adoption in indigenous communities such as the Maori of New Zealand, the Aboriginal people of Australia and the Inuit of Canada challenges some of the basic assumptions underpinning adoption law in modern western nations.' 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; and, Fredric G. Levin College of Law Co-Director, Institute for Child and Adolescent Research and Evaluation (ICARE) Gainesville, Florida. 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. INTRODUCTION....Pages 1-4 ADOPTION: CONCEPT, PRINCIPLES, AND SOCIAL CONSTRUCT....Pages 7-38 THE CHANGING FACE OF ADOPTION IN THE UNITED KINGDOM....Pages 39-69 THE LEGAL FUNCTIONS OF ADOPTION....Pages 73-100 INTERNATIONAL BENCHMARKS FOR MODERN ADOPTION LAW....Pages 101-126 THE ADOPTION PROCESS IN ENGLAND & WALES: THE ADOPTION AND CHILDREN ACT 2002....Pages 129-164 THE ADOPTION PROCESS IN IRELAND....Pages 165-195 THE ADOPTION PROCESS IN THE US....Pages 197-229 THE ADOPTION PROCESS IN AUSTRALIA....Pages 231-261 INTERCOUNTRY ADOPTION....Pages 263-290 INTRACULTURE ADOPTION....Pages 291-316 The Politics of Adoption identifies and analyses the fundamental social and legal functions of adoption. It is a timely publication as across the world adoption law reform is now giving rise to contentious issues. The change process underway in England and Wales offers an opportunity and a perspective to explore areas of commonality and difference in the experience of other nations. It also provides a window through which to examine the presumption that within and between cultures there exists a common understanding of what is meant by adoption