Impact of Past Adoption Practices Summary of Key Issues from Australian Research Final Report
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Separated at Adoption: Addressing the Challenges of Maintaining Sibling-Of-Origin Bonds in Post-Adoption Families
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship Winter 2015 Separated at Adoption: Addressing the Challenges of Maintaining Sibling-of-Origin Bonds in Post-adoption Families Rebecca L. Scharf University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons, Family Law Commons, Juvenile Law Commons, and the Law and Psychology Commons Recommended Citation Scharf, Rebecca L., "Separated at Adoption: Addressing the Challenges of Maintaining Sibling-of-Origin Bonds in Post-adoption Families" (2015). Scholarly Works. 928. https://scholars.law.unlv.edu/facpub/928 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. Separated at Adoption: Addressing the Challenges of Maintaining Sibling-of-Origin Bonds in Post- adoption Families REBECCA L. SCHARF* *Associate Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas. B.A., Brandeis University, 1988. J.D., Harvard Law School, 1991. Thank you to Dean Dan Hamilton and the administration of the William S. Boyd School of Law for its tremendous support. Thanks as well to Mary Berkheiser, Jennifer Carr, Nancy Rapoport, and Karen Sneddon. I would also like to thank participants in the Rocky Mountain Junior Scholars Forum for their feedback on early drafts. 84 Winter 2015 SeparatedAt Adoption 85 I. Introduction Throughout the United States, for thousands of children languishing in foster care, adoption can seem like an unattainable fantasy; for the lucky few who are adopted, however, reality sets in when they first learn that their adoption has an unimaginable consequence. -
OPEN VS. CLOSED ADOPTION Social Work and Jewish Law Perspectives
OPEN VS. CLOSED ADOPTION Social Work and Jewish Law Perspectives MOSHE A. BLEICH, MSW, CSW Social Worker, Madeleine Borg Community Services, Jewish Board of Family and Childrens Services, New York Adoption involves a process of severing ties with a biological family and creating new ones with an adopting family. Closed adoption is designed to eradicate those ties completely and to allow a child to live as if he or she were the natural child of the adoptive parent Open adoption prevents that suppression of the original ties. Adopted children are increasingly seeking access to their genealogical history. Jewish tradition does not sanction the suppression of parental identity. The result is a strong bias in favor of open adoption. Religious teaching governing conduct between men and women underscores the distinction between natural and adoptive families. For purposes of effective therapy, those cultural factors must be recognized in assessing problems and may also be harnessed in effecting a positive therapeutic outcome. OPEN VERSUS CLOSED ADOPTION legal rights equal to those of natural children. As a corollary, adoptive parents felt that they T^he institution of adoption, of voluntarily should exercise total control over the welfare A raising a child of other parents as one's of the adopted child and that the child's ties own, has existed since antiquity. In relatively to his biological parents should be severed. modern times, in the late nineteenth and early This line of argument complements Ryburn's twentieth centuries as adoption procedures analysis (1990, p. 21) that adoption legisla were developed in the United States, it be tion was designed to achieve a legal fiction, came common practice to seal adoption an attempt to extinguish all ties to birth records. -
Chapter 4: Policy and Practice Barriers to Adoption
4 Policy and practice barriers to adoption 4.1 This chapter reviews the evidence on policy and practice barriers to adoption. 4.2 It considers how past forced adoption policies and practices, as well as complex and time consuming administrative processes, create barriers to a forward looking approach to adoption. The legacy of past forced adoption policies and practices 4.3 Past forced adoption policies and practices were unethical, immoral and often illegal. They resulted in a high prevalence of forced adoptions from the 1950s to the 1980s.1 4.4 The Australian Government has issued apologies to those affected by past practices of forced removals and forced adoptions, including the 2008 National Apology to Australia’s Indigenous Peoples, the 2009 National Apology to the Forgotten Australians and Former Child Migrants, and the 2013 National Apology for Forced Adoptions.2 4.5 In addition, states and territories, with the exception of the Northern Territory, have also apologised for past forced adoption policies and practices.3 All have undertaken not to repeat them.4 1 Australian Institute of Family Studies (AIFS), ‘Forced Adoption National Practice Principles’, 2016, pp. 3, 6, <https://aifs.gov.au/sites/default/files/fass-practice-principles.pdf> viewed 3 October 2018. 2 Australian Human Rights Commission, Submission 103, p. 16. 3 Name withheld, Submission 57, p. 4; Mrs Jo Fraser, Submission 75, p. [1]; Ms Alison Anderson MLA, Minister for Children and Families, Northern Territory Government ‘Support for adoption apology on behalf of nation’, Media Release, 21 March 2013, 66 4.6 The Australian Institute of Family Studies defines forced adoption as referring: … to mothers who were forced to give up children for adoption. -
Intercountry Adoption in Australia
Inter country Adoption in Australia By Damon Martin – NSW Service Coordinator – ISS Australia (NSW Office) Australian Federation It is important to begin by explaining the nature of the Australian Federation and how that affects agreements made with overseas countries in relation to adoption. First of all, Australia is a federation consisting of the Federal Government (i.e. the Australian Government which is based in our capital city, Canberra), it also known as the Commonwealth Government. There are also the governments of the six States (New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania) and the governments of two territories (Australian Capital Territory and Northern Territory). There is legislation at the Federal and State/Territory levels relating to adoption. While the adoption laws in each of the States and Territories are fairly similar, they are not identical. 1. Situation of Intercountry Adoption in Australia Agreements with Overseas Countries In the past intercountry adoption programs were established and managed by the various State or Territory Governments. Usually a state like Victoria or New South Wales would then take the lead on being responsible for the management of that program. Nowadays the Commonwealth Central Authority has now taken on the full responsibility of the management and establishment of Australia’s intercountry adoption programs. Therefore the Federal Government enters an agreement with another overseas Government on behalf of itself and each of the State and Territory Governments within Australia. It is important to note that the Commonwealth Central Authority will always consult with the States and Territories prior to establishing any new agreement with an overseas country. -
A Study of Muslim Economic Thinking in the 11Th A.H
Munich Personal RePEc Archive A study of Muslim economic thinking in the 11th A.H. / 17th C.E. century Islahi, Abdul Azim Islamic Economics Institute, King Abdulaziz University, Jeddah, KSA 2009 Online at https://mpra.ub.uni-muenchen.de/75431/ MPRA Paper No. 75431, posted 06 Dec 2016 02:55 UTC Abdul Azim Islahi Islamic Economics Research Center King Abdulaziz University Scientific Publising Centre King Abdulaziz University P.O. Box 80200, Jeddah, 21589 Kingdom of Saudi Arabia FOREWORD There are numerous works on the history of Islamic economic thought. But almost all researches come to an end in 9th AH/15th CE century. We hardly find a reference to the economic ideas of Muslim scholars who lived in the 16th or 17th century, in works dealing with the history of Islamic economic thought. The period after the 9th/15th century remained largely unexplored. Dr. Islahi has ventured to investigate the periods after the 9th/15th century. He has already completed a study on Muslim economic thinking and institutions in the 10th/16th century (2009). In the mean time, he carried out the study on Muslim economic thinking during the 11th/17th century, which is now in your hand. As the author would like to note, it is only a sketch of the economic ideas in the period under study and a research initiative. It covers the sources available in Arabic, with a focus on the heartland of Islam. There is a need to explore Muslim economic ideas in works written in Persian, Turkish and other languages, as the importance of these languages increased in later periods. -
Your Decision: Suggestions for Birthmothers Considering an Adoption Plan Megan Lindsey
Your Decision: Suggestions for Birthmothers Considering an Adoption Plan Megan Lindsey Introduction Is Adoption For Me? Facing an unintended pregnancy has the There are many questions to consider when facing potential to leave women1 or couples frightened an unintended pregnancy. Below are some of and confused. If you are facing an unintended the different questions birthmothers ask about pregnancy, you deserve accurate information adoption, and some resources to help you better about all of your options, compassionate support, understand the adoption process as you consider and the space to make your own decisions. The whether it is the right option for you. information presented here is intended to help Whose Decision Is it to Make you understand the option of adoption, help an Adoption Plan? you consider whether adoption is for you, and provide some suggestions that will help to ensure The decision to make an adoption plan belongs a positive experience should you choose to make to you—the birthparents. While support systems an adoption plan. consisting of family members and friends can be helpful and important to help you think things What is Adoption? through, ultimately the decision belongs only to the birthparents. Both the birthmother and If you make an adoption plan, you are deciding birthfather have the right to be involved in this that someone else will parent your child after he important decision. Birthfathers have the right to or she is born. Adoption is the legal process by be notified if a child has been conceived and an which all parental rights and responsibilities are adoption plan is being made. -
Adoptions KEVIN W
Obtaining Information About Adoptions KEVIN W. DUNN COUNTY OFFICES MEDINA COUNTY Probate Court PROBATE COURT JUDGE 93 Public Square, Room 102 Medina, Ohio 44256 (330) 725-9703 Job and Family Services ADOPTIONS 232 Northland Drive ADOPTIONS Medina, Ohio 44256 (330) 722-9283 JUDGE KEVIN W. DUNN Medina County Bar Association MEDINA COUNTY PROBATE COURT 93 Public Square JUDGE Medina, Ohio 44256 (330) 725-9744 (for referral to an attorney who specializes Dear Friend— in adoption law) My policy is to fulfill the Probate Court PRIVATE AGENCIES duties efficiently and effectively. If you Private Adoption Agencies have any questions or you need more (licensed by the State of Ohio) information on a Probation Court STATE AGENCIES matter, please contact my office. Bureau of Vital Statistics We are here to serve you. I hope your Ohio Department of Health experience in my court is helpful and 246 North High Street informative. P.O. Box 15098 Medina County Probate Court Columbus, Ohio 43215-0098 Judge Kevin W. Dunn 93 Public Square Ohio Putative Father Registry Medina County Probate Court Medina, OH 44256 255 East Main Street, Third Floor Columbus, Ohio 43215 Phone: (330) 725-9703 Ohio Department of Human Services Monday—Friday 255 East Main Street 8:00 AM—4:30 PM Columbus, Ohio 43215 Check your telephone book if an address or telephone number is not listed above. ABOUT THIS PAMPHLET FREQUENTLY ASKED QUESTIONS This publication is designed as service to the public to provide an understanding of the duties and procedures of Who May Adopt? Must I Have an Attorney? 1. -
Discrimination Against People with Disabilities Under Adoption Law
laws Article Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption Law Blake Connell Melbourne Law School, The University of Melbourne, Melbourne 3053, Australia; [email protected] or [email protected] Received: 31 May 2017; Accepted: 9 August 2017; Published: 23 August 2017 Abstract: Article 23 of the Convention on the Rights of Persons with Disabilities (CRPD) explicitly includes ‘the adoption of children’ as a right to which people with disabilities are equally entitled. Despite the CRPD having been in force for over nine years, research is yet to consider whether CRPD signatory states have brought their respective adoption regimes in line with their obligations under art 23 of the CRPD. Using the laws of the Australian state of Victoria by way of case study, this article aims to shed light on the difficulties people with disabilities still face when attempting to adopt children. In terms of methodology, this article conducts an interpretive critique of Victoria’s adoption law against art 23 of the CRPD, which it interprets mainly through the lens of the social model of disability. Ultimately, this article finds that Victoria’s adoption framework closely resembles the adoption regimes of many other CRPD signatories, yet it clearly fails to uphold Australia’s obligations under the CRPD. This is both as a result of the words of the legislation as well as their implementation in practice. This article proposes a suite of changes, both legislative and cultural, to bring Victoria’s adoption framework in line with art 23, which it hopes will serve as a catalyst for change in other CRPD signatory states. -
Openness in International Adoption
Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 3-2015 Openness in International Adoption Malinda L. Seymore Texas A&M University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Family Law Commons, and the International Law Commons Recommended Citation Malinda L. Seymore, Openness in International Adoption, 46 Colum. Hum. Rts. L. Rev. 163 (2015). Available at: https://scholarship.law.tamu.edu/facscholar/707 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. OPENNESS IN INTERNATIONAL ADOPTION Malinda L. Seymore* ABSTRACT After a long history of secrecy in domestic adoption in the United States, there is a robust trend toward openness. That is, however, not the case with internationaladoption. The recent growth in international adoption has been spurred, at least in part, by the desire of adoptive parents to return to closed, confidential adoptions where the identity of the birth mother is secret and there is no ongoing contact with her. There is, however, an emergent interest in increased openness in internationaladoption, spurred by the success of domestic open adoptions, health concerns when an adoptee's genetic history is important, psychological issues relating to identity in adoptees, and concern that the international adoption might have been corrupt. International adoptive families who were once happy to avoid birth parent involvement have begun to seek them out. -
Intercountry Adoption
The Parliament of the Commonwealth of Australia Overseas Adoption in Australia Report on the inquiry into adoption of children from overseas House of Representatives Standing Committee on Family and Human Services November 2005 Canberra © Commonwealth of Australia 2005 ISBN 0 642 78649 6 (printed version) ISBN 0 642 78650 2 (HTML version) Front cover: Photograph by Jeff Camden, The Courier-Mail Back cover: Photograph by Rev Ted Sherrin Cover design: Publishing Office, Department of the House of Representatives Appendix H: ‘The Nature and Nurture of Economic Outcomes‘ by Bruce Sacerdote is produced with the author’s permission Contents Foreword............................................................................................................................................vii Membership of the Committee ............................................................................................................xi Terms of reference............................................................................................................................xiii List of abbreviations ...........................................................................................................................xv List of recommendations ..................................................................................................................xvii 1 Introduction ...........................................................................................................1 Attitudes to Adoption in Australia.......................................................................................... -
Adoption Overview
July 2013 ALSP Law Series ADOPTION OVERVIEW What is an Adoption? What is the Process of Adoption? Adoption is when someone other than the biological The adoption process varies depending on the type of parent of a child assumes legal responsibility for the adoption. So does the length of time that it takes. child. The adopted child is granted the same inheritance Typically, though, a private-agency adoption will move rights as a biological child. faster. Who May Be Adopted? The adoption process may include the following: Anyone. Even an adult can be adopted. But either the 1. Petition for Adoption: The person seeking parent or the adopted child must be an Arkansas resident the adoption must file a petition with the in order to adopt in Arkansas. clerk of the court. 2. Consent or Waiver of Consent: The adoption Who May Adopt? may be granted only if the natural mother and Generally, the following people may adopt someone father consent to it. But the court may decide else: their consent is not required. This could happen, • A husband and wife together although one or for example, if a court has terminated their both are minors. parental rights. It also could happen if the • An unmarried adult. parents have abandoned or not supported the • The unmarried father or mother of the individual child for more than 1 year. to be adopted. 3. Sworn Affidavit: The petitioner must file an affidavit detailing expenses or payments related • A married person without the other spouse joining as a petitioner. An adoption by a step- to the adoption. -
Intercountry Adoption: a Theoretical Analysis
INTERCOUNTRY ADOPTION: A THEORETICAL ANALYSIS by ROBIN ANNE SHURA Submitted in partial fulfillment of the requirements For the degree of Doctor of Philosophy Dissertation Advisor: Dale Dannefer Department of Sociology CASE WESTERN RESERVE UNIVERSITY January, 2010 i Copyright © 2009 by Robin A. Shura. All rights reserved. ii DEDICATION To Helen, who found herself to be a round peg in a square hole, too iii TABLE OF CONTENTS LIST OF TABLES…………………………………………………………………….…….…vii LIST OF FIGURES…………………………………………………………………………...viii ACKNOWLEDGEMENTS…………………………………………………………………….ix ABSTRACT……………………………………………………………………………………..xi CHAPTER 1: INTRODUCTION……………………………………………………………....1 I. Research Question…………………………………………………………..…………....5 II. Organization of Manuscript…………………………………………………...……….…5 CHAPTER 2: BACKGROUND LITERATURE AND THEORY……………….………..…8 I. Intercountry Adoption: A Substantive Area of Scissions……………………..……….....8 II. Intercountry Adoption: Functionalist and Atheoretical Literatures……… ………...….13 A. Individual and Family-Focused Literatures……………………………… …………….13 B. Demography of Intercountry Adoption…………………………………………………..22 III. Intercountry Adoption: Conflict-Oriented and Critical Literatures………………….….35 A. Historical and Contextual Perspectives………………………………………………….36 B. Relative Poverty and Power: Perspectives of Sending Countries… …………………40 C. Dissonance between Sending and Receiving Perspectives…………………………....45 D. Race and Ethnicity……………………………………………………………………….…50 E. Gender: Women and Children Linked in Social Vulnerability……………………..…53 F. Law