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Adoption Act 1988 (SA) Review Lorna Hallahan Phd

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Adoption Act 1988 (SA) Review Lorna Hallahan Phd Ew months Adoption Act 1988 (SA) Review Lorna Hallahan PhD A report of The Independent Review of the South Australian Adoption Act 1988 undertaken during 2015, containing recommendations in a number of critical areas relating to the protection of the relationship rights of children and the preservation of the commitment to open adoption established in 1988. Social and Policy Studies | Flinders U n i v e r s i t y L. Hallahan: Adoption Act 1988 (SA) Review September 2015 1 1 / 2 / 2 0 1 5 TABLE OF CONTENTS Table of Contents .................................................................................................................................... 2 Acknowledgements ................................................................................................................................. 5 Dedication ............................................................................................................................................... 6 1.0 Executive Summary and Recommendations .............................................................................. 7 1.1 Terms of Reference ................................................................................................................. 7 1.2 Approach: Problematisation, an interpretive framework and a knowledge review .............. 8 1.2.1 An Interpretative Framework: Advancing the relationship rights of the child ............... 8 1.2.2 A Rigorous Knowledge Review ........................................................................................ 9 1.2.3 Data Analysis and Storage ............................................................................................. 10 1.3 Outline, Propositions and Conclusions ................................................................................. 11 1.3.1 Outline ........................................................................................................................... 11 1.3.2 Propositions .................................................................................................................. 11 1.3.3 Conclusions and Recommendations in Brief................................................................. 13 PART 1: WHAT IS HAPPENING WITH ADOPTION IN AUSTRALIA? ......................................................... 16 2.0 Background to The Review ....................................................................................................... 17 2.1 Terms of Reference ............................................................................................................... 18 3.0 An Overview of Adoption .......................................................................................................... 19 3.1 Definition of Adoption .......................................................................................................... 19 3.2 Different types of Adoption .................................................................................................. 19 3.2.1 Open and closed adoption ............................................................................................ 19 3.2.2 Local Adoption .............................................................................................................. 21 3.2.3 ‘Known’ child adoption ................................................................................................. 22 3.2.4 Intercountry Adoption .................................................................................................. 22 3.2.5 Adoption of children who are Aboriginal or Torres Strait Islander............................... 23 3.3 Adoption in Australia ............................................................................................................ 23 3.3.1 Statistics in brief ............................................................................................................ 23 3.3.2 Trends in adoption in Australia ..................................................................................... 24 4.0 Past adoption practices in Australia ......................................................................................... 24 4.1 Social change since the 1970s ............................................................................................... 24 4.2 Impacts on all parties ............................................................................................................ 25 4.2.1 Inquiries ........................................................................................................................ 25 L. Hallahan: Adoption Act 1988 (SA) Review September 2015 Page 2 4.2.2 Research literature ........................................................................................................ 26 5.0 Changes to South Australian adoption law since 1989 ............................................................. 27 6.0 Conclusions to Part 1 ................................................................................................................ 28 PART 2: IS ADOPTION THE PREFERRED SOLUTION TO A RANGE OF PROBLEMS RELATED TO LEGAL PARENTING?.......................................................................................................................................... 30 7.0 The Starting point: Understanding the relationship rights of children ..................................... 31 7.0.1 What is the problem represented to be? ..................................................................... 31 7.1 A paramount attention to the welfare of the child… ........................................................... 32 7.1.1 Thinking about relationship rights ................................................................................ 33 7.1.2 Thinking about welfare ................................................................................................. 35 7.2 …Trumps a desire for family formation. ............................................................................... 35 7.3 The tensions in the current Adoption Act 1988 (SA) ............................................................ 36 7.4 An Interpretive Framework: Restorative and Constructive .................................................. 38 8.0 Conclusions to Part 2 ................................................................................................................ 39 PART 3: WHAT SHOULD CHANGE IN THE ADOPTION ACT 1988 (SA)? .................................................. 40 9.0 The Key issues explored ............................................................................................................ 41 9.1 Who can adopt? .................................................................................................................... 42 9.1.1 The issues outlined ....................................................................................................... 42 9.1.2 The issues explored ....................................................................................................... 43 9.1.3 Conclusions ................................................................................................................... 45 9.2 Should Adoption Information vetoes continue? Should contact vetoes be introduced? .... 46 9.2.1 The issues outlined ....................................................................................................... 46 9.2.2 The issues explored ....................................................................................................... 46 9.2.3 Conclusions ................................................................................................................... 49 9.3 Can adults be adopted? ........................................................................................................ 50 9.3.1 The issues outlined ....................................................................................................... 50 9.3.2 The issues explored ....................................................................................................... 50 9.3.3 Conclusions ................................................................................................................... 51 9.4 Should a child’s registered birth name be retained? ............................................................ 52 9.4.1 The issues outlined ....................................................................................................... 52 9.4.2 The issues explored ....................................................................................................... 52 9.4.3 Conclusions ................................................................................................................... 53 9.5 Can an adopted person seek a discharge of their adoption order? ..................................... 54 9.5.1 The issues outlined ....................................................................................................... 54 L. Hallahan: Adoption Act 1988 (SA) Review September 2015 Page 3 9.5.2 The issues explored ....................................................................................................... 54 9.5.3 Conclusions ................................................................................................................... 55 9.6 What about ‘adoption from care’? ....................................................................................... 56 9.6.1 The issues outlined ....................................................................................................... 56 9.6.2 The issues explored ......................................................................................................
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