מעודכן ל: 9.1.2024
אימוץ ילדים
adoption
child custody
חוק אימוץ ילדים, תשמ"א-1981, ס"ח 1028.
2 Am. Jur. 2d Adoption §§ 1-203, Westlaw (database updated Jan. 2022).
7 Hal. L. Eng. Adoption §§ 398-612 in Chlidren and Young Person’s (2017) (available on Lexis UK).
ארז עזרא ואריאל לוין דיני אימוץ ופונדקאות: הלכה למעשה (2016).
שלומי נרקיס סדרי הדין בבית-המשפט לענייני משפחה בעין תקנות בית-משפט לענייני משפחה (סדרי דין), התשפ"א-2020 ותקנות סדר הדין האזרחי, התשע"ט-2018 (2020).
In the Best Interests of the Child: Loss and Suffering in Adoption Proceedings by
Marshalling her experience as an expert witness in court proceedings on non-consensual, confidential adoption in Israel, Mass describes legal proceedings following the Israeli state petition that declares children eligible for adoption because of alleged parental incapability, and explores the politics of state intervention in the parent/child relationship. The selected case studies present the testimonies of the children, the parents, the designated adoptive parents, and the state's representatives, as well as the author's own testimony.
Ann M. Haralambie, Handling Child Custody, Abuse & Adoption Cases, Westlaw HCCAA (database updated Dec. 2021).
Joan H. Hollinger, Adoption Law and Practice (MB), Lexis (database updated Nov. 2021).
Adoption by Lesbians and Gay Men: A New Dimension in Family Diversity by
The practice of adoption has changed dramatically over the past half century, with profound implications for children and families. Perhaps the most remarkable and controversial transformation during this time has been the growing willingness of adoption professionals to place children withsexual-minority individuals and couples. Yet, despite considerable research showing that lesbians and gay men can make good parents, they continue to experience difficulties and barriers in many parts of the country in their efforts to adopt and raise children. Indeed, while progress in this areahas been significant, it has been impeded by the homophobia and heterosexist attitudes of adoption professionals and the judiciary; by numerous stereotypes and misconceptions about parenting by lesbians and gay men, and by a lack of adequate guidelines and training for establishing best practicestandards in working with this rapidly growing group of adoptive parents.Adoption by Lesbians and Gay Men explores the gamut of historical, legal, sociological, psychological, social casework, and personal issues related to adoption by sexual-minority individuals and couples. Leading experts in a variety of fields address - and often shatter - the controversies, myths,and misconceptions hindering efforts by these individuals to adopt and raise children. What makes this book all the more valuable is that it provides insights and specific recommendations for establishing empirically validated best practices for working with an important sector of our society, fortreating all prospective and current parents fairly and equally, and, perhaps most importantly, for increasing a still largely untapped resource for providing families for children who need them.
A Failure of Proportion: Non-Consensual Adoption in England and Wales by
This book explores non-consensual adoption - an area of law which has sparked considerable debate amongst academics, practitioners and the judiciary nationally and internationally. The emphasis of this book is on the circumstances in which non-consensual adoption may be regarded as a proportionate measure and when less severe forms of intervention, such as long-term foster care or kinship care, may also meet children's needs while providing protection to children's rights under the European Convention on Human Rights. The book builds on existing literature on adoption law but takes the discussion in new directions, placing an emphasis on the need to closely scrutinise children's and parents' rights at all stages of the adoption process, not simply when parents appeal against the making of an adoption order. A unique feature of this book is its emphasis on routinely incorporating key provisions from the United Nations Convention on the Rights of the Child into analysis when determining whether an adoption order is a proportionate measure.
Without a Doubt: An Irish Couple's Journey Through IVF, Adoption and Surrogacy by
'Without a Doubt' is the compelling and heartfelt story of Fiona Whyte and Sean Malone's quest to start their own family; first by in vitro fertilization (IVF), followed by a farcical attempt to adopt, and then (successfully) by surrogacy through a clinic in India. Their journey exposes the shortcomings of the current Irish legal system relating to these deeply emotional issues and their heart-breaking human consequences. In Fiona's own words: In the eyes of the Irish state I do not exist. Written with profound clarity, Fiona and Se#65533;n's personal story follows the couple through their extraordinary experience of trying to conceive through IVF, adopt, and then the many arduous journeys to India for the ultimately successful birth of twins with an Indian surrogate. Their story highlights the dire need for new legislation to provide for and protect parents seeking surrogacy in Ireland, and explores the complex legal, ethical, and social issues created in a legal vacuum. Without a Doubt is the emotional story of one couple's dream of starting a family and a damning indictment of the inadequacies of the so-called 'adoption system' and urgent need for surrogacy legislation in Ireland today. [Subject: Irish Studies, Memoir, Sociology, In Vitro Fertilization (IVF)]
Children's Rights in Intercountry Adoption: A European Perspective by
Inner Temple New Author's Prize 2015 Winner of the Cambridge Law Faculty's Yorke Prize 2015Cited by the Court of Appeal in N (Children) (Adoption: Jurisdiction) [2014] EWFC 45European jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. In 2010, 50 per cent of all children involved in intercountry adoption worldwide were sent to countries within Europe, while three European states - France, Spain and Italy - have been in the top five receiving states in the world for the past 15 years. In addition, of the approximately 30,000 children involved in intercountry adoption per year worldwide, around one-third come from European jurisdictions. The question that this book aims to answer is very simple: how can we best protect the rights of these children? Using the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption as the foundation for analysis, this book provides an examination of the application of children's rights in the field of intercountry adoption. It uses European jurisdictions as examples of both good and bad practice in order to illustrate the issues that arise in the practical implementation of these principles. In doing so, the book proposes normative guidelines within which intercountry adoption can be effected in a manner that protects the rights of children in Europe.This book argues that children involved in intercountry adoption should be afforded the same safeguards, the same protection, as children in domestic placements, in a system that focuses on the welfare of the child as the paramount consideration.The book covers in detail the following issues:- the place of intercountry adoption within the domestic system- the applicability of intercountry adoption as a child protection mechanism, and the impact it can have on other forms of alternative care- the conditions for parental consent to intercountry adoption; including the identity of those who must give consent, and how it can be dispensed with- the mechanisms used to prevent consent being obtained improperly, and to prevent the illegal trafficking of children- the participation of the adopted child in the decision-making process- the right of the child to obtain information concerning his or her biological parents- the eligibility of prospective adopters- the support necessary for a successful adoptive placementAbout this book': [The book] takes a high-level view at how international adoption works and its consequences. [...]
The Politics of Adoption by
This book, which updates and expands the third edition published by Springer in 2015, explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. From the 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 also identifies themes of commonality and difference in the experience of adoption in a common law context, comparing and contrasting this with the experience under civil law and in Islamic countries and with that of indigenous people. This book includes new chapters examining adoption in Russia, Korea and Romania. Further, it uses the international conventions and the associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis.
Research Handbook on Adoption Law by
Bringing together scholars from a wide range of disciplines, this fascinating and timely Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s). This Research Handbook documents the history of adoption legislation and offers comparative perspectives on the implementation of full adoption in England and Wales, in contrast to the use of simple adoption in other European countries. Chapters examine the challenges facing adoption law; from adoption without parental consent and anonymous birth, to transracial and intercountry adoption, as well as discussing the human rights of the child during and after the adoption process. Providing an abundance of global research on all aspects of the topic of adoption, Nigel Lowe and Claire Fenton-Glynn offer a comprehensive guide to the past, present, and future of adoption law. The Research Handbook of Adoption Lawwill be an indispensable resource for students and researchers of family law and social work, as well as human rights lawyers, legal practitioners in the field of adoption, and social workers worldwide.
רות זפרן "אחים ואחיות במשפט" עיוני משפט מא 1, 5-59 (2018).
צבי טריגר ומילי מסס "לקראת הצבת הילד במשפחתו במוקד סוגיית האימוץ: מפנה חיוני להרחבת האימוץ להורים להט"בים" זכויות הקהילה הגאה בישראל: משפט, נטייה מינית וזהות מגדרית 437 (עינב מורגנשטרן, יניב לושינסקי ואלון הראל עורכים 2016).
מילי מסס "הכרה בילד כאישיות עצמאית: הצעה לתיקון חוק אימוץ ילדים, התשמ"א-1981" משפחה במשפט 3-4, 139 (2009-2010).
מעודכן ל: 9.1.2024
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