The Politics of Adoption International Perspectives on Law, Policy &
Adoption has always had a political dimension. Its potential use to achieve political ends has been evident throughout history and in many different cultures. In Roman 1 times an emperor would adopt a successful general to continue his rule. In Ireland un
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THE POLITICS OF ADOPTION
THE POLITICS OF ADOPTION International Perspectives on Law, Policy & Practice by
KERRY O’HALLORAN B.A., LL.B., MSc. (CQSW), LL.M., Barrister-at-Law (Kings Inns, Dublin), Ph.D. (Trinity College Dublin) Ireland. Adjunct Professor, Centre of Philanthropy and Nonprofit Studies, Queensland University of Technology, Brisbane, Australia
A C.I.P. Catalogue record for this book is available from the Library of Congress.
ISBN-10 1-4020-4153-5 (HB) ISBN-13 978-1-4020-4153-2 (HB) ISBN-10 1-4020-4154-3 (e-book) ISBN-13 978-1-4020-4154-9 (e-book) Published by Springer, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. www.springer.com
Printed on acid-free paper
All Rights Reserved C 2006 Springer No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed in the Netherlands.
To Molly More in hope than expectation . . .
CONTENTS
Acknowledgements
ix
Introduction
1 PART I
ADOPTION AND SOCIETY
1. Adoption: Concept, Principles, and Social Construct 2. The Changing Face of Adoption in the United Kingdom PART II
7 39
ADOPTION AND THE LAW
3. The Legal Functions of Adoption 4. International Benchmarks for Modern Adoption Law
73 101
PART III CONTEMPORARY LAW, POLICY AND PRACTICE 5. The Adoption Process in England & Wales: The Adoption and Children Act 2002
129
6. The Adoption Process in Ireland
165
7. The Adoption Process in the US
197
8. The Adoption Process in Australia
231
Contents
viii 9. Intercountry Adoption
263
10. Intraculture Adoption
291
Conclusions Index
317 329
ACKNOWLEDGEMENTS
That The Politics of Adoption made it into print owes a great deal to Professor Myles McGregor-Lowndes1 and to my other colleagues at the Centre of Philanthropy and Nonprofit Studies. For their support and companionship, at a time when this was sorely needed, I remain extremely grateful. Many academics, senior managers and others voluntarily undertook the task of reading and commenting on particular chapters. Their contributions have spared readers from encountering even more inaccuracies, gaps and inconsistencies. Those that may still be detected, together with all views expressed, are inescapably attributable to the author. While it is not possible to render a full account of the debt owed to so many it would be quite wrong not to acknowledge the particular contribution of a few. Thanks are due to Deborah Cullen2 who kindly read and commented on the chapter dealing with the adoption process in the UK, to Geoffrey Shannon3 for his similar contribution in respect of the chapter on Ireland and to Greg Kelly for his observations in respect of current practice in both jurisdictions4 . My concerns in relation to the Australian adoption pro
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