This book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It updates and extends the second edition published by Springer in 2009. From a standpoint of the development of adoption in England & Wales and the changes currently taking place there, it considers the process as it has evolved in other 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 other countries. It looks at adoption in France, Sweden and other civil law countries, as well as Japan and elsewhere in Asia, including a focus on Islamic adoption. It examines the experience of indigenous people in New Zealand and Australia, contrasting the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori. A new chapter studies adoption in China. The book uses the international Conventions and associated ECt HR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis.
Mục lục
Acknowledgements.- Introduction.- Part One Adoption, Society and the Law: the Common Law Context.- Chap 1 Adoption: Concept, Principles and Social Construct.- Chap 2 The Changing Face of Adoption.- Part Two Developing International Benchmarks for Modern Adoption Law.- Chap 3 The Legal Functions of Adoption.- Chap 4 Adoption and the European Court of Human Rights.- Chap 5 Inter country Adoption and The Hague Convention.- Part Three Contemporary Law, Policy and Practice in a Common Law Context.- Chap 6 England and Wales.- Chap 7 Ireland.- Chap 8 The US.- Chap 9 Canada.- Chap 10 Australia.- Chap 11 New Zealand.- Part Four Contemporary Law, Policy and Practice in a European Civil Law Context.- Chap 12 Sweden.- Chap 13 France.- Chap 14 Germany.- Part Five Contemporary Law, Policy and Practice in Asia.- Chap 15 The Adoption Process in an Islamic Context.- Chap 16 Japan.- Chap 17 China.- Part Six Contemporary Law, Policy and Practice in an Indigenous Peoples Context.- Chap 18 Intra culture Adoption.- Part Seven The Influence of Politics.- Chap 19 Politics and a Regulatory Regime for Adoption.- Chap 20 Politics and the Contemporary Social Role of Adoption.- Conclusion.- Index.
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