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A Failure of Proportion: Non-Consensual Adoption in England and Wales

A Failure of Proportion: Non-Consensual Adoption in England and Wales

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509943968
  • 出版时间 December 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509929139
US$51.87
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 1. Introduction
    I. Non-Consensual Adoption: The Legal Issue and Social Climate
    II. Background to Non-Consensual Adoption: A Controversial Solution
    III. Book Overview
    2. Children's Best Interests and Children's and Parents' Rights
    I. Introduction: The Interrelationship between Rights and Best Interests
    II. Non-Consensual Adoption and the European Convention on Human Rights
    III. The United Nations Convention on the Rights of the Child
    IV. Conclusion
    3. Adoption Cases in the European Court of Human Rights
    I. Introduction: Last Port of Call and Last Portal of Hope?
    II. The Protection of Children: The ECHR, the UNCRC and Proportionality
    III. Procedural Protection of Rights in Adoption Proceedings
    IV. Proportionate Protection of Substantive Rights in Care and Adoption Proceedings
    V. Guidance on Reuniting Children and Parents in Adoption Cases?
    VI. Two UK Adoption Cases in the European Court of Human Rights
    VII. Conclusion
    4. Adoption Cases in the Courts in England and Wales
    I. Introduction: Adoption – First Port of Call or Last Resort?
    II. The Adoption Legislation
    III. The Controversy of Webster and Norfolk County Council and Others
    IV. The Proportionality of Non-Consensual Adoption: Legal Challenges in the Supreme Court
    V. Court of Appeal Guidance on Non-Consensual Adoption: Re B-S (Children)
    VI. Adoption Law – More Adoptions, More Quickly
    VII. Conclusion
    5. Alternatives to Non-Consensual Adoption
    I. Introduction: Adoption in Proportion?
    II. State Assistance in England and Wales
    III. Foster Care: Short-Term Stepping Stone or in for the Long Haul?
    IV. Kinship Care: Keeping Extended Family Units Together
    V. Special Guardianship Orders
    VI. Non-Consensual Adoption with Direct Contact
    VII. Government Targets, Financial Savings and Proportionality
    VIII. Conclusion
    6. Conclusion
    I. An Overview of the Proportionality of Non-Consensual Adoptions
    II. The State and Less Restrictive Alternatives
    III. A Final Word on the Importance of Proportionality

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