In recent decades, there have been many changes to adoption law and practice, such as a sharp decline in the voluntary relinquishment of children, an increase in the number consigned to public care, and an abrupt decrease in those made available on an intercountry basis. Additionally, human rights are becoming more prominent, particularly in relation to issues such as: non-consensual adoption; the ethics of intercountry adoption; the eligibility of LGBT adopters; the impact of commercial surrogacy; and the sometimes conflicting rights of birth parents and adoptees when accessing agency birth records.
In this book, O’Halloran presents a comparative analysis of the interaction between adoption law and human rights in common law (England and the US), civil law (France and Germany), and Asiatic traditions (Japan and China), while also developing a matrix of legal functions to assist in identifying and analysing areas of tension between human rights and adoption.
This book is intended for a lawyer readership, whether professional, student or academic: researchers and postgraduate students in subjects such as social work, social policy and politics may also find it helpful.
1. Introduction; 2: Chapter One: Human Rights and the Concepts, Principles and Social Construct of Adoption; 3. Chapter Two: The Domestic Legal Framework; 4. Chapter Three: The International Legal Framework & Intercountry Adoption; 5: Chapter Four: The Adoption Process, Human Rights and the ECtHR; 6: Chapter Five: England; 7: Chapter Six: U.S.; 8: Chapter Seven: France; 9: Chapter Eight: Germany; 10: Chapter Nine: Japan; 11: Chapter Ten: China; 12: Chapter Eleven: Adoption & Human Rights: National Tensions and International Standards; 13: Conclusion.
This series explores human right law's place within the international legal order, offering much-needed interdisciplinary and global perspectives on human rights' increasingly central role in the development and implementation of international law and policy.
Human Rights and International Law is committed to providing critical and contextual accounts of human rights' relationship with international law theory and practice. To achieve this, volumes in the series will focus on major debates in the field, looking at how human rights impacts on areas as diverse and divisive as security, terrorism, climate change, refugee law, migration, bioethics, natural resources and international trade.
Exploring the interaction, interrelationship and potential conflicts between human rights and other branches of international law, books in the series will address both historical development and contemporary contexts, before outlining the most urgent questions facing scholars and policy makers today.