The Politics of Adoption : International Perspectives on Law, Policy & Practice

This book updates and significantly extends the first edition published by Springer in 2004. It addresses the social and legal functions of adoption, the changes currently taking place in England & Wales and developments in other common law 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 civil law countries, other cultures in Asia and with the experience of indigenous peoples. It 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. Like the first edition, this book will fit most comfortably in undergrad & postgrad Law and Social Work courses; also it would be relevant to sociology and politics. This book aims to provide an analysis of adoption law, policy & practice in a common law context and to compare and contrast this with the equivalent experience of other cultures. It basically - traces the evolution of adoption law, policy and practice across many centuries within England and Wales and other typical common law nations giving particular attention to conceptual and definitional matters; identifies and evaluates themes in the contemporary adoption processes of England and Wales and those other common law countries; identifies relevant international Conventions and related judicial decisions and analyses their capacity to function as benchmarks for national adoption law, policy and practice; uses those themes and benchmarks to construct a template for comparative analysis purposes; employs the template to conduct a comparative evaluation of equivalent themes in other cultural contexts, including Sweden, France, Japan and in an Islamic context; contrasts the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori; explores the politics of intercountry adoption; and concludes with an analysis of the significance of differences in cultural context for adoption law, policy & practice. This book updates and significantly extends the first edition published by Springer in 2005. It addresses the social and legal functions of adoption, the changes currently taking place in England & Wales and developments in other common law 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 civil law countries, other cultures in Asia and with the experience of indigenous peoples. It 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. Like the first edition, this book will fit most comfortably in undergrad & postgrad Law and Social Work courses; also it would be relevant to sociology and politics. This book aims to provide an analysis of adoption law, policy & practice in a common law context and to compare and contrast this with the equivalent experience of other cultures. It basically - * traces the evolution of adoption law, policy and practice across many centuries within England and Wales and other typical common law nations giving particular attention to conceptual and definitional matters; * identifies and evaluates themes in the contemporary adoption processes of England and Wales and those other common law countries; * identifies relevant international Conventions and related judicial decisions and analyses their capacity to function as benchmarks for national adoption law, policy and practice; * uses those themes and benchmarks to construct a template for comparative analysis purposes; * employs the template to conduct a comparative evaluation of equivalent themes in other cultural contexts, including Sweden, France, Japan and in an Islamic context; * contrasts the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori; * explores the politics of intercountry adoption; * and concludes with an analysis of the significance of differences in cultural context for adoption law, policy & practice. 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. Adoption has always had a political dimension. Its use to achieve political ends has been evident throughout history and in many different cultures. In Roman times, an emperor would adopt a successful general to 1 continue his rule. In Ireland, under the Brehon Laws, the reciprocal placements of 2 children between clans was an accepted means of cementing mutual allegiances. In Japan, the adoption of non-relatives was traditionally seen as a means of allying 3 with the fortunes of 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 4 further the assimilation of indigenous people. It is now present in the phenomenon of intercountry adoption where the flow of children, particularly in the aftermath of war, is often politics by proxy. Adoption can be profoundly affected by politics, as demonstrated by the decision of the Chinese government to advocate ‘one-child families’ which resulted in very many Chinese girls being relinquished for adoption abroad as their parents exercised a preference for a male child. Again, as in Korea in the recent past, c- rently in some South American countries and in those states of eastern Europe newly emerged from under the blanket of totalitarianism, governments can and do facilitate an outward flow of children for reasons of economic and political 5 expediency. "This book updates and significantly extends the first edition published by Springer in 2006. It addresses the social and legal functions of adoption, the changes currently taking place in England & Wales and developments in other common law 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 civil law countries, other cultures in Asia and with the experience of indigenous peoples. It 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. Like the first edition, this book will fit most comfortably in undergrad & postgrad Law and Social Work courses; also it would be relevant to sociology and politics. This book aims to provide an analysis of adoption law, policy & practice in a common law context and to compare and contrast this with the equivalent experience of other cultures."--Jacket Analyses the social and legal functions of adoption in selected societies worldwide, and reviews the global wave of adoption law reform. This title explores trends such as inter-country adoption, and examines similarities and differences in the experience of many nations. It also explores the global phenomenon of intercountry adoption.