Child Adoption: Trendspoliciesand Child Adoption: Trends and Policies

Total Page:16

File Type:pdf, Size:1020Kb

Child Adoption: Trendspoliciesand Child Adoption: Trends and Policies Child Adoption: Trends and Policies Trends Adoption: Child Child Adoption: Trends and Policies USD 58 ISBN 978-92-1-151466-7 Printed at the United Nations, New York 09-65249—March 2010—5,725 [blank page] ST/ESA/SER.A/292 Department of Economic and Social Affairs Population Division Child Adoption: Trends and Policies United Nations New York, 2009 DESA The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environmental data and information on which States Members of the United Nations draw to review common problems and take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint courses of action to address ongoing or emerging global challenges; and (iii) it advises interested Governments on the ways and means of translating policy frameworks developed in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities. Note The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The designations “developed” and “developing” countries and “more developed” and “less developed” regions are intended for statistical convenience and do not necessarily express a judgment about the stage reached by a particular country or area in the development process. The term “country” as used in the text of this publication also refers, as appropriate, to territories or areas. This publication has been issued without formal editing. ST/ESA/SER.A/292 UNITED NATIONS PUBLICATION Sales No. _____________E.10.XIII.4 ISBNISBN 978-92-1-151466-7 00-0-000000-0 Copyright United Nations, 2009 All rights reserved PREFACE The Population Division of the Department of Economic and Social Affairs of the United Nations Secretariat is in charge of monitoring population policies in all countries of the world. Since the United Nations convened its first intergovernmental conference on population in 1974, the Population Division has been responsible for reviewing and appraising the implementation of the plans or programmes of action adopted by the United Nations international conferences on population. As part of its work, the Population Division produces in-depth studies on specific issues related to population policy. This report, focusing on policies on child adoption and the resulting trends in 195 countries, aims to provide Governments with the evidence necessary to assess their policies in this area. One of its major conclusions is that available data on child adoptions have a number of limitations that prevent a thorough assessment of the determinants of the process and its consequences for the parties involved. The systematic collection and publication of more detailed data on adoption would provide useful insights about how the process of adoption functions and would validate measures that the authorities in charge could use to ensure the welfare of adopted children. The World Population Plan of Action adopted in 1974 at the World Population Conference called for facilitating child adoption so that involuntarily sterile and sub-fecund couples could achieve their desired family size. Implicit in this recommendation was the idea that adoption is a means to approximate biological parenthood for couples who would otherwise be unable to have children. More than three decades later, the general view is that, in societies where marriage is being increasingly delayed, childbearing is postponed and levels of biological childlessness are on the rise, increasing numbers of persons are resorting to alternative means of experiencing parenthood, including through adoption. This report analyses adoption trends in light of changes in nuptiality and childbearing in order to assess the extent to which the generalized view presented above holds true. This study, the first of its kind undertaken by the Population Division, presents comparable information for 195 countries. The information presented relates to: adoption policies and legislation; multilateral, regional and bilateral treaties on intercountry adoption; levels and trends of total, domestic and intercountry adoptions, and data on selected demographic characteristics of the individuals involved in an adoption, namely, the adopted person, the adoptive parents and the birth parents. The report surveys recent trends and policies on child adoption while providing the cultural and historical background necessary to understand differences in country practices. Acknowledgement is due to Dr. Peter Selman, who contributed background material for several of the chapters of this study, and to Dr. Robert Gardner, who assisted in editing the publication. Responsibility for the design, execution and content of this study lies entirely with the Population Division. This publication, as well as other population information, may be accessed on the Population Division’s website, at www.unpopulation.org. For further information about this publication, please contact the office of Ms. Hania Zlotnik, Director, Population Division, Department of Economic and Social Affairs, United Nations, New York, N.Y. 10017; tel: (212) 963-3179; fax (212) 963-2147. iii CONTENTS Page PREFACE ........................................................................................................................................................... iii EXPLANATORY NOTES....................................................................................................................................... xiii EXECUTIVE SUMMARY ...................................................................................................................................... xv INTRODUCTION.................................................................................................................................................. 1 Chapter I. HISTORY AND EVOLUTION OF MODERN ADOPTION LAWS ...................................................................... 5 A. Adoption laws in antiquity.......................................................................................................... 5 B. Adoption laws from the Middle Ages to the Modern Era ........................................................... 9 C. Modern adoption laws................................................................................................................. 12 D. Adoption laws: present and future challenges............................................................................. 17 E. Summary..................................................................................................................................... 21 II. ADOPTION IN RELIGIOUS LAW AND IN TRADITIONAL SOCIETIES ............................................................ 23 A. Adoption and religious law ......................................................................................................... 23 B. De facto adoption and fostering in traditional societies .............................................................. 28 C. Summary..................................................................................................................................... 31 III. KEY FEATURES OF MODERN ADOPTION LAWS ....................................................................................... 33 A. Legal procedures......................................................................................................................... 33 B. Legal requirements for prospective adoptive parents and adopted persons ................................ 36 C. Effects of adoption...................................................................................................................... 45 D. Summary..................................................................................................................................... 48 IV. INTERNATIONAL, REGIONAL AND BILATERAL AGREEMENTS ON INTERCOUNTRY ADOPTION ................. 52 A. International agreements ............................................................................................................. 53 B. Regional agreements................................................................................................................... 57 C. Bilateral agreements.................................................................................................................... 59 D. Recent initiatives and future challenges related to intercountry adoptions ................................. 60 E. Summary..................................................................................................................................... 63 V. LEVELS AND TRENDS IN CHILD ADOPTIONS........................................................................................... 65 A. Levels and trends in the total number of adoptions..................................................................... 66 B. Levels and trends in domestic adoption ...................................................................................... 68 C. Levels and trends
Recommended publications
  • 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.
    [Show full text]
  • Adoption Policy
    Adoption Policy West Virginia Department of Health and Human Resources Bureau for Children and Families Office of Children and Adult Services Jane McCallister, Director, Children and Adult Services Carla Harper, Program Manager II, Children and Adult Policy Revised September 16, 2015 Contents 1.0 Introduction and Overview ............................................................................................................ 7 1.1 Mission and Vision ........................................................................................................................ 7 1.2 Philosophy ..................................................................................................................................... 8 1.3 Legal/Regulatory Basis .................................................................................................................. 8 2.0 Definitions ...................................................................................................................................... 10 3.0 How Children Enter the State’s Custody .................................................................................. 12 3.1 How Children Enter Foster Care ............................................................................................ 12 3.2 Legal Authority for Adoptive Placement ................................................................................ 12 3.3 Permission to Accept Guardianship ...................................................................................... 13 3.4 Required Consents
    [Show full text]
  • Post-Adoption Sibling Visitation Dawn J
    ARE YOU STILL MY FAMILY? POST-ADOPTION SIBLING VISITATION DAWN J. POST, ESQ., SARAH MCCARTHY, ESQ., ROGER SHERMAN, PH.D. AND SERVET BAYIMLI * I. INTRODUCTION On Kayla’s1 first birthday in July of 1998, she was placed into foster care following allegations that her seventeen-year-old mother neglected her. Kayla was initially placed with her mother in a city-operated home for teenagers with children.2 However, when her mother was no longer able to care for her, Kayla’s paternal grandmother took over as her foster mother.3 Soon after Kayla’s new placement, her mother gave birth to another baby, Copyright © 2015, Dawn J. Post, Esq., Sarah McCarthy Esq., Roger Sherman, Ph.D and Servet Bayimli. * We are practitioners in the child welfare field. Accordingly, much of what is written in this Article is our view of the situation as it currently stands. Also, the case examples mentioned contain confidential information for which citation cannot be provided. However, these cases were handled by or explained to us other attorneys, social workers, or participants in their respective cases. We are indebted to Executive Director Karen P. Simmons for her mentorship and support; Veronica Kapka and Latoya Lennard for their research and work on the narrative interviews; and CPIC Harvard fellows Allison Torsiglieri and Gene Young Chang for their insightful comments and editing. 1 Interview with Kayla, Adoptee, Children’s Law Center New York, in Brooklyn, N.Y. (Nov. 11, 2013) [hereinafter Kayla Interview] (unpublished) (on file with authors). From December 2013 through June 2014, the Children’s Law Center New York (CLCNY) conducted interviews of young people and adults who had experienced the loss of their sibling, as well as adoptive parents who had either encouraged or terminated sibling contact, and were solicited from LinkedIn or at conferences.
    [Show full text]
  • Charging Language
    1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only
    [Show full text]
  • Placement of Children with Relatives
    STATE STATUTES Current Through January 2018 WHAT’S INSIDE Placement of Children With Giving preference to relatives for out-of-home Relatives placements When a child is removed from the home and placed Approving relative in out-of-home care, relatives are the preferred placements resource because this placement type maintains the child’s connections with his or her family. In fact, in Placement of siblings order for states to receive federal payments for foster care and adoption assistance, federal law under title Adoption by relatives IV-E of the Social Security Act requires that they Summaries of state laws “consider giving preference to an adult relative over a nonrelated caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant state child protection standards.”1 Title To find statute information for a IV-E further requires all states2 operating a title particular state, IV-E program to exercise due diligence to identify go to and provide notice to all grandparents, all parents of a sibling of the child, where such parent has legal https://www.childwelfare. gov/topics/systemwide/ custody of the sibling, and other adult relatives of the laws-policies/state/. child (including any other adult relatives suggested by the parents) that (1) the child has been or is being removed from the custody of his or her parents, (2) the options the relative has to participate in the care and placement of the child, and (3) the requirements to become a foster parent to the child.3 1 42 U.S.C.
    [Show full text]
  • Kinship Terminology
    Fox (Mesquakie) Kinship Terminology IVES GODDARD Smithsonian Institution A. Basic Terms (Conventional List) The Fox kinship system has drawn a fair amount of attention in the ethno­ graphic literature (Tax 1937; Michelson 1932, 1938; Callender 1962, 1978; Lounsbury 1964). The terminology that has been discussed consists of the basic terms listed in §A, with a few minor inconsistencies and errors in some cases. Basically these are the terms given by Callender (1962:113-121), who credits the terminology given by Tax (1937:247-254) as phonemicized by CF. Hockett. Callender's terms include, however, silent corrections of Tax from Michelson (1938) or fieldwork, or both. (The abbreviations are those used in Table l.)1 Consanguines Grandparents' Generation (1) nemesoha 'my grandfather' (GrFa) (2) no hkomesa 'my grandmother' (GrMo) Parents' Generation (3) nosa 'my father' (Fa) (4) nekya 'my mother' (Mo [if Ego's female parent]) (5) nesekwisa 'my father's sister' (Pat-Aunt) (6) nes'iseha 'my mother's brother' (Mat-Unc) (7) nekiha 'my mother's sister' (Mo [if not Ego's female parent]) 'Other abbreviations used are: AI = animate intransitive; AI + O = tran- sitivized AI; Ch = child; ex. = example; incl. = inclusive; m = male; obv. = obviative; pi. = plural; prox. = proximate; sg. = singular; TA = transitive ani­ mate; TI-0 = objectless transitive inanimate; voc. = vocative; w = female; Wi = wife. Some citations from unpublished editions of texts by Alfred Kiyana use abbreviations: B = Buffalo; O = Owl (for these, see Goddard 1990a:340). 244 FOX
    [Show full text]
  • 14-436 Statement of Adult Acting in Loco Parentis (As a Parent)
    TANF/SFA FOR CHILDREN LIVING WITH UNRELATED ADULTS Statement of Adult Acting in Loco Parentis (as a Parent) Fill out this form if you are caring for a needy child you are not related to and you do not have court-ordered custody or guardianship of the child. SECTION 1. AGENCY INFORMATION (COMPLETED BY AGENCY STAFF ONLY) 1. COMMUNITY SERVICES OFFICE (CSO) 2. CASE MANAGER NAME 3. UNRELATED ADULT’S CLIENT ID NUMBER SECTION 2. INFORMATION ON ADULT CARING FOR THE CHILD (PLEASE PRINT CLEARLY) 4. LAST NAME 5. FIRST NAME 6. MIDDLE NAME 7. PHONE NUMBER (INCLUDE AREA CODE) ( ) 8. CURRENT ADDRESS (STREET, CITY, AND ZIP CODE) 9. PREVIOUS ADDRESS (STREET, CITY, AND ZIP CODE) SECTION 3. INFORMATION ON THE CHILD’S PARENTS (PLEASE PRINT CLEARLY) 10. NAME OF CHILD’S MOTHER 11. MOTHER’S PHONE NUMBER 12. MOTHER’S CURRENT OR LAST KNOWN ADDRESS ( ) 13. NAME OF CHILD’S FATHER 14. FATHER’S PHONE NUMBER 15. FATHER’S CURRENT OR LAST KNOWN ADDRESS ( ) SECTION 4. INFORMATION ABOUT YOUR RELATIONSHIP WITH THE CHILD (PLEASE PRINT CLEARLY) 16. Do you have permission from the child’s parents to care for the child? Yes No If yes, is it in w riting? Yes No 17. EXPLAIN HOW THE CHILD CAME TO LIVE WITH YOU 18. How long do you expect the child to live w ith you? 19. Are you planning to seek court-ordered custody or guardianship? Yes No SECTION 5. INFORMATION ABOUT THE CARE AND CONTROL OF A CHILD "In loco parentis" means in the place of a parent or instead of a We consider you as acting in loco parentis when: parent.
    [Show full text]
  • THE PROSE of ZHU ZIQING by IAIN WILLIAM CROFTS B.A., The
    THE PROSE OF ZHU ZIQING by IAIN WILLIAM CROFTS B.A., The University of Leeds, 1980 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE STUDIES DEPARTMENT OF ASIAN STUDIES We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA May 1984 (© Iain William Crofts, 1984 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department of W tSTJiplZS The University of British Columbia 1956 Main Mall Vancouver, Canada V6T 1Y3 Date £1 MllSf /W ABSTRACT Zhu Ziqing was a Chinese academic who developed a reputation first as a poet and later as an essayist in the 1920's and 1930's. His works are still read widely in China and are considered important enough to be included in the curriculum of secondary schools and universities in the People's Republic of China, Hong Kong and Taiwan. Despite his enduring reputation among his countrymen, he is little known abroad and Western scholarly works on modern Chinese literature scarcely mention him. This thesis examines Zhu Ziqing's prose, since it is his essays which are the basis of his reputation.
    [Show full text]
  • Sunil Sharma
    Visiting Scholar, Institute for International Economic Policy Elliott School of International Affairs, Suite 502 The George Washington University Washington, DC 20052, USA. Mobile: +(1) 202-600-6345 Email: [email protected] Email: [email protected] SUNIL SHARMA Education Ph.D. (Economics), Cornell University, USA, 1986. M.A. (Economics), Cornell University, USA, 1983. M.A. (Economics), Delhi School of Economics, India, 1980. B.A. (Honors), St. Stephen’s College, Delhi University, India, 1978. Professional Visiting Scholar, Institute of International Economic Policy, Elliott School of International Affairs, The George Washington University, 2018- Experience Assistant Director, Research Department, International Monetary Fund, 2015-2018 . Research on financial market development, regulation, and macro-financial issues. Oversaw and contributed to the review of IMF papers on financial policy issues. Director, IMF-Singapore Regional Training Institute (STI), Singapore, 2006-2014 . Managed STI operations, including curriculum, teaching, administration, budget, IT, personnel, outreach, and liaising with governments in the Asia-Pacific region. Ex officio Secretary of the STI Executive Committee; Coordinate STI operations with the Singapore government (Monetary Authority of Singapore, Ministry of Foreign Affairs), IMF’s Regional Office for Asia and the Pacific in Tokyo, and IMF Headquarters in Washington D.C. Co-managed the Finance program of the IMF Institute. Designed and taught a 5-day seminar on Selected Issues in the Evolving Financial Regulatory Framework at the STI (2011-13). Designed and taught a 5-day seminar on Mortgage Markets and Financial Stability at the regional institutes in Vienna (2009-13) and Singapore (2008-13). Organized the First STI Meeting on Training (April 27-28, 2006) in Singapore to start a dialogue on the STI curriculum and training events with the directors of training at central banks and finance ministries in the Asia-Pacific region.
    [Show full text]
  • Equity in Education Thematic Review
    EQUITY IN EDUCATION THEMATIC REVIEW COUNTRY ANALYTICAL REPORT FINLAND Finnish Ministry of Education Mars 2005 TABLE OF CONTENTS SECTION 1: COUNTRY CONTEXT AND CURRENT EQUITY SITUATION .................................. 4 CHAPTER 1. CULTURAL AND SOCIAL FACTORS................................................................................ 4 1.1. Historical background..................................................................................................................... 4 1.2. Comprehensive school.................................................................................................................... 4 1.3. Confidence in the significance of education................................................................................... 5 1.4. Teachers’ social prestige................................................................................................................. 5 1.5. Social and cultural homogeneity..................................................................................................... 5 CHAPTER 2. THE EDUCATION SYSTEM IN FINLAND......................................................................... 6 2.1. Pre-primary education..................................................................................................................... 6 2.2. Comprehensive school (basic education)........................................................................................ 7 2.3. Secondary education......................................................................................................................
    [Show full text]
  • 12TH ASIAN CHEMICAL CONGRESS (12ACC) 2007 Registration Form
    No. 1 / 2007 ■ Kuwait Chemical Society Symposium on Application of Catalyst in the Industry ■ 2006 Activities and 2007 President Profiles of the Member Societies www.facs-as.org Federation of Asian Chemical Societies Newsletter | No. 1 / 2007 ontents Obituary ■ Dr. Tan Sri B C Sekhar (1929 – 2006) 4 ■ Prof. Hitoshi Ohtaki (1932 – 2006) 6 Special Symposium ■ Kuwait Chemical Society Symposium on Application of Catalyst in the Industry (Fuel, Pollution and Drugs) 9 Biofuels: Emerging Renewable Energy for the Transportation Sector 10 Discrete Physico-Chemical Processes that Characterise Water Pollution 13 Peptide-Cleaving Catalyst as a New Paradigm in Drug Discovery 16 2006 Activities and 2007 President Profiles of the Member Societies ■ Brunei Darussalam Institute of Chemistry 18 ■ Chinese Chemical Society 20 ■ Hong Kong Chemical Society 22 ■ Institut Kimia Malaysia 23 ■ Korean Chemical Society 27 ■ New Zealand Institute of Chemistry 29 ■ Royal Australian Chemical Institute 32 FACS Activities ■ Minutes of the 49th EXCO Meeting 34 ■ FACS Project Reports Asian Chemicla Education Network (ACEN) 41 Asian Network for Environmental chemistry (ANEC) 42 Low-Cost Instrumentation-Microscale Chemistry (LCI-MSC) 47 Meeting Announcement: The 12th Asian Chemical Congress 49 Directories ■ FACS EXCO Members (2005-2007) 55 ■ Member Societies 56 ■ Project Directors (2006-2007) 58 ■ FACS Fellows 59 ■ FACS Life-time Members 60 An electronic version of FACS Newsletter is available at http://www.facs.org. Obituary The Late Academician Dr. Tan Sri B C Sekhar (1929 – 2006) he Late academician Dr. Tan Sri B C Sekhar, born on November 17, 1929 at Sungai Buloh, Malaysia near the 3,400-acre experiment station of the Rubber Research Institute of Malaysia (RRIM), was fondly known as Mr Natural Rubber for his motivation, passion and commitment to the development of natural rubber industry.
    [Show full text]
  • Childlessness and Inter-Temporal Fertility Choice ∗
    Childlessness and Inter-Temporal Fertility Choice ∗ Fabian Siuda ifo Institute University of Munich Latest Version Here December 14, 2019 This paper develops and estimates a dynamic structural model of fertility with en- dogenous marriage formation, linking the timing of fertility to its intensive (number of children) and extensive (having children) margin. The model features rational, forward-looking agents who make decisions on marriage and fertility, and are ex- posed to declining fecundity rates over time. In every period, agents face a trade-off between work and child-rearing, and across time there is a trade-off between having children early or late in life. The model parameters are identified using four distinct facts of the 2008 and 2012 German Microcensus: (i) fertility until age 30 decreases with education for married and single women, (ii) fertility after age 30 increases with education for married and single women, (iii) childlessness increases with women’s education, (iv) marriage rates decrease with education for women and increase with education for men. I obtain three main insights. First, postponement of childbirth combined with the natural decline of fecundity over time can explain up to 15% of childlessness, depending on education. Second, by estimating the model separately for East and West Germany, I find that institutions and economic conditions mat- ter: the two major factors for childlessness in West Germany are postponement of childbirth and high opportunity costs of children due to lack of public childcare. By contrast, in East Germany, social sterility plays a larger role. Finally, using the estimated model parameters for counterfactual analysis, I evaluate consequences of reoccurring labor market interruptions and policies aimed at reconciling work and family life.
    [Show full text]