ipl-logo

Adoption Pros And Cons

1833 Words8 Pages

Article 12 of the United nations Convention on the Rights of the Child in regards to Adoption.

Professor Ursula Kilkelly & Dr. Conor O’Mahony

12/01/2015

111705261

Table of Contents

Abstract
The right of children to be heard in adoption proceedings was generated from the provisions as laid out in the United Nations Convention on the Rights of the Child [hereinafter UNCRC] in particular Article 12 . In this assignment I will look at the provision as laid out under Article 12 UNCRC, evaluate its pros and cons and determine if it has met its objective. I will look at criticisms of the article and I will also look at ideas for reform.
Introduction
The process of adoption is one that has the ability to have a profound …show more content…

Under this article, parties that have ratified this treaty , have two obligations towards children. First, that the wishes and views of the child are established and second, that these wishes and views are given due weight with regard to the age and maturity of the …show more content…

In these countries the consent of the child is required if they have the capacity or maturity to understand the decision being made. This system has many advantages as it gives greater freedom to a child to exercise their right to make decisions that impact on their life and is consistent with Article 12 UNCRC.
However it can also be a negative for children as the burden of proof will be on them to prove their capacity. This may be difficult to achieve as until the introduction of the UNCRC, the system was built on a paternalistic and protective stance which may be difficult to overcome. As seen in medical cases in England, the decision in whether a child is mature enough to make a decision regarding their lives boils down to what the person who is making the determination, believes is in the best interest of the child.
In Gillick v West Norfolk and Wisbech Area Health Authority and Anor the House of Lords held that the parent’s right to make decisions for their child concede to the child’s autonomy when they reach sufficient understanding and intelligence to be capable of making up their own mind regarding the particular

Show More
Related
606 Words | 3 Pages

Canada upholds that the best interests of the child are central to the decision making process on humanitarian and compassionate applications. “[T]he rights, interests, and needs of children and special attention to childhood are important clauses that should be considered in reasonably interpreting the “humanitarian” and “compassionate” considerations that guide the exercise of discretion” (Baker v. Canada, 1999, para. 73). The Court upholds that for a decision on an H&C application to be reasonable it “requires close attention to the interests and needs of the children. Children’s rights and attention to their interests, are central humanitarian and compassionate values in Canadian society.” (Baker v. Canada, 1999, para.

Read More
816 Words | 4 Pages

Ralph Flynn’s impact may be huge, and his effect will change the adoption process, child protection, and people’s perspective of abuse. The adoption process is already difficult, but the United States and other countries may see it fit to enact more regulation in the system for adoption. To avoid this type of situation ever again, adoption agencies may become more strict

Read More
1082 Words | 5 Pages

Minnesota, the Court reiterated its earlier assertions about adolescent decisionmaking capacities, concluding that “The State has a strong and legitimate interest in the welfare of its young citizens, whose immaturity, inexperience, and lack of judgment may sometimes impair their ability to exercise their rights wisely” and that the state has a legitimate interest in “ensuring that the minor’s decision is knowing and intelligent.” The Hodgson Court did have access to ample social scientific literature supporting the claim that pregnant minors are no less competent than adults in their ability to make informed decisions about their medical care, including decisions about abortion. But the Court only cited the APA’s amicus brief twice—and only to support striking down the law’s two-parent consent requirement. The Court declined to question whether its assumptions about minors’ decision-making competencies were unfounded, even though the APA’s amicus brief provided evidence to suggest as

Read More
1436 Words | 6 Pages

It introduces the concept of parental responsibility instead of parental rights. It is the duty of local authorities to identify, safeguard and promote child welfare and provide services. However, courts have to consider all factors before reaching decisions as orders should only be made if it is better for the child. It also highlights the importance of early recognition of problems as a delay can adversely affect the child’s welfare.

Read More
987 Words | 4 Pages

For TMA01 I will discuss the concept of childhood studies and child psychology and how this has changed over time and over different societies. I will also be looking at the different sociological and anthropological perspectives of childhood. I will use these to understand children’s experiences to gain more knowledge of childhood. I will also look at how limits off childhood have emerged over time and how these have influenced our knowledge and understanding of children’s lives. Childhood studies focus on children’s lives from the ages of 0-18 years of age.

Read More
578 Words | 3 Pages

Working together to safeguard children 2006- is a act that is set to make sure that all agency and support teams are doing the children right by making sure thar they are safeguard so the do not come to any hamr. United Nation Convention in the right of the child 1989- This is about children’s rights to be protected from abuse. Children have the right to speak and to be heard this is a childs right to put the points and views across when suspecting that they exposed to abuse. Local Guidelines, policies and procedures

Read More
668 Words | 3 Pages

Adoption is a way for children who cannot be cared for by their birth parents to become members of another family. In most countries,, children are raised by one or both parents. sometimes both parents cannot provide the love and care their child's needs. “The parents may be young and not prepare or financially-to

Read More
616 Words | 3 Pages

Informed Consent Working in a public school system, one has to adhere to different guidelines when obtaining informed consent. First and foremost, one is obtaining parental or guardian consent rather than from the individual. A student has to be eligible for special education services under the Individuals with Disabilities Education Act before a referral for a physical therapy evaluation can be considered. This document addresses more legal than ethical matters. It states that the parent or guardian gives consent to the school district to evaluate my child and in giving consent that it is voluntary and may be revoked at any time (ISPE2102- Parent Consent for Evaluation- English, 2015).

Read More
1866 Words | 8 Pages

A key underlying commitment ratified by a number of governments is the United Nations Convention on the Rights of the Child. This Convention has 54 articles that cover all aspects of a child’s life and set out the civil, political, economic, social and cultural rights that all children everywhere are entitled to. It also explains how adults and governments must work together to make sure all children can enjoy all their rights. Many of the principles from this have been incorporated into statutory law.

Read More
2421 Words | 10 Pages

But, again as general conscience goes and human rights, it is very confusing whether parents are the sole deciders to make this decision happen. For kids about the age ranging from 10-15 it can be a decision based on the parents and kids but for kids ranging from 1-7 it kind of completely depends on the parents since these kids do not completely have an idea about what’s going on. Hence parents’ right on making this decision depends on the age of

Read More
694 Words | 3 Pages

There are single people all over sometimes they choose or even want to be single; some people also can't find the right person to be with. When adoption agencies look at people looking to adopt then they usually first look at whether they are married, single, or just in a relationship; people that are single are usually always sent to the bottom and ignored or chosen last for adoption. They would rather look at people that are married rather than the single men or women that want to be parents by themselves. Adoption companies say that single parents do not give a completely stable environment and that without a partner then they will not be able to give all of the needs to their child. While when they see men or women that are married looking to adopt they think that it will be a stable environment and that they will meet all of the child's needs.

Read More
1444 Words | 6 Pages

According to the Adoption Network Law Center, “It is important to understand why you want to adopt and what your lifestyle will allow you to realistically be able to do in an adoption” (Adoption process,

Read More
476 Words | 2 Pages

In this case, we can clearly see the abuse of patient autonomy of the two children because of their parents. The neglect of medical treatment for a common infection would be on parallel for murder if this case did not involve religious evidence to support the parents. The case itself is a difficulty. First, children under the age of 18 legal authority are given to the parents (this also includes patient autonomy). Then, the parents are part of a religious group that doesn’t allow the use of modern medicine.

Read More
898 Words | 4 Pages

• Be told what their rights are. United Nations Convention on the Rights of a Child 1989 The UK signed up to this treaty in 1991. This sets out the rights of children in a set of 54 articles, some of these are to ensure children are safe and looked after. All the countries who have signed up to this are legally obligated to implement legislation that relates to the articles. Some of the articles that relate to the rights of children include: • Children need to be shown love and feel secure • Children have the right to family life • A child’s right to be protected from all forms of abuse or neglect

Read More
1228 Words | 5 Pages

And article 6(3) of the African Charter on the Rights and Welfare of the Child (ACRWC) guarantees that every child shall has the right to acquire nationality. Enforced together, these provisions guarantee the right to nationality of every child particularly where the child would otherwise be stateless. Also, in the Nubian case, the African Committee of Experts on the Rights and Welfare of the Child held that the obligation of State Parties under the African Children’s Charter in relation to making sure that all children are registered immediately after birth is not only limited to passing laws and policies but also extends to addressing all de facto limitations and obstacles to birth

Read More

More about Adoption Pros And Cons

Related Topics

Open Document