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

Family Law

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

By Samantha M. Davey
Hart Publishing December 2021

Specifications

ISBN-13
9781509943968
Publisher
Hart Publishing
Publication
December 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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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