University of Macau / Faculty of Law

The intention of this study is to examine the relevance of applying the Queensland Adoption Act 1964-1988 to the traditional adoption practice of Torres Strait Islanders. The concept of adoption as defined by the Queensland adoption legislation reflects the cultural context of “white Australia” and the intention of the Adoption Act 1964-1988 is to legalise a specific concept of adoption. This study will show that the Queensland Government, through the Department of Family Services, the Department which has the responsibility for implementing adoption legislation, does not make any allowance for differing views of adoption. The accepted definition of adoption is biased toward the dominant white culture in Queensland and the legislation was intended to service the needs of the dominant white culture.

M.A. / Transracial Adoption (TRA) was legalised in South Africa in June 1991. TRA is a controversial issue all over the world. In the United Kingdom and United States there has been extensive research on TRA related to many different aspects of it, rendering a variety of conflicting results. Little research has been conducted around TRA in South Africa to date. This study was undertaken to research the relatively new phenomenon of TRA in South Africa. The study was based on literature and research from overseas, to identify how TRA in South Africa compares. The respondents of the study were parents who have adopted transracially and social workers who have been involved in TRA. A hybrid of exploratory and descriptive study was conducted. Fourteen parents and twenty-one social workers responded to the questionnaires. The primary limitation being the small sample of respondents, however, due to the population size being small this sample could be representative. The results showed that people involved in TRA in South Africa are aware of, and concerned about, very similar issues as those raised overseas. As TRA in South Africa is still in its teething phase, valuable results emerged about how to go about TRA, so as to make it most effective for all parties concerned. Preparation for TRA, racial identity issues and recommendations for further research were discussed according to results from the study.

Thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in Social Work , Faculty of Humanities, University of Witwatersrand, Johannesburg, 2017 / In South Africa, there are thousands of children who cannot be raised by their parents or relatives and consequently unrelated, legal adoption is usually considered to be in their best interests. South Africa has ratified international agreements, which emphasise that adoptable children have a right to grow up in their country of origin and intercountry adoption should be considered ‘a last resort’. The Children’s Act (No. 38 of 2005) legally entrenches several innovations to facilitate adoptable children being raised in South Africa. Accredited adoption agencies have made ongoing efforts to make adoption more accessible to South Africans, but the number of South Africans legally adopting unrelated children adoption is small and continues to decline. To help address this pressing child welfare problem, the main aim of this research was to develop a grounded theory explaining what factors affect the decision-making processes of urban black South Africans regarding legally adopting unrelated child. This population group was focused on because they presented as a promising pool of prospective adopters. It was reasoned that to facilitate domestic adoption, policy makers and practitioners need to gain a clearer understanding of what factors dissuade black South Africans from legally adopting unrelated children. A qualitative inquiry was conducted using the Corbin and Strauss approach to the grounded theory method. Personal interviews were conducted with 39 purposively selected black participants that were divided into five cohorts, namely i) adopters ii) adoption applicants in the process of being assessed as prospective adopters iii) adoption applicants who did not to enter the assessment process iv) social workers specialising in the field of adoption and v) South African citizens who have some knowledge of legal adoption practice. The grounded theory emerging was ‘Tensions surrounding adoption policy and practice and perceptions and experiences of adoption.’ Essentially this grounded theory is based on five categories: Meanings of Kinship; Information and Support; Cultural and Material Mobility; Parenthood, Gender and Identity and Perceptions of Parenting and Childhood. It is recommended that adoption policy and practice be shaped to reflect a balanced child-centred and adult-centred approach. Furthermore, recruitment strategies should be based on findings at a grassroots level. Key words: legal adoption; adoptable children; Africanisation; decision-making processes, adoption assessment process and grounded theory. / GR2018

Thesis (MA)--Stellenbosch University, 2003. / Some digitised pages may appear illegible due to the condition of the original hard copy. / ENGLISH ABSTRACT: Multicultural adoption became a reality in South Africa in 1994, after the abolition of the apartheid legislation. This is therefore a relatively new and unfamiliar terrain for those social workers that specialise in adoption. A gap was identified with regard to a sufficient theoretical foundation and the absence of guidelines regarding this phenomenon in South Africa. This study was undertaken in an attempt to address this shortcoming and in order to gain more direction and clarity regarding multicultural adoption. Through a literature study an attempt was made to determine how legislation on adoption in South Africa is interpreted as well as to establish the role played by the social worker during adoption. A historical overview of adoption in South Africa is discussed as well as the current legislation that relates to multicultural adoption. With reference to the purpose of the research, the literature study also focused on a practice perspective, multicultural intervention and theories that are applicable. Furthermore the profile of parents that adopt children of another culture and the motives surrounding this, were examined during the literature study. An exploratory study was undertaken to establish the needs of parents who adopt children of another culture as well as to determine the cultural skills that social workers require in order to successfully facilitate multicultural adoptions. The ultimate purpose of the study was to formulate guidelines for social workers for multicultural adoptions. The empirical study was aimed at parents that have already adopted children of another culture and was limited to the Western Cape. The results of the empirical study confirmed the researcher's supposition that social workers should master multicultural skills in order to successfully facilitate multicultural adoptions and that a cultural awareness is imperative. Based on the study and the results, recommendations for a policy framework with regard to multicultural adoptions was formulated and guidelines and proposals for the implementation of multicultural intervention and adoption were laid down. The recommendations of this study can be used by all social workers and parents that are involved in multicultural adoptions and also by other welfare organisations and social workers. / AFRIKAANSE OPSOMMING: Multikulturele aanneming het in 1994, na die afskaffing van apartheidswetgewing, 'n werklikheid in Suid-Afrika geword. Hierdie is dus 'n redelik nuwe en onbekende terrein vir maatskaplike werkers wat in aanneming spesialiseer. 'n Leemte ten opsigte van voldoende teoretiese fundering en afwesigheid van riglyne rakende hierdie verskynsel in Suid-Afrika, is geïdentifiseer. In 'n poging om hierdie leemte aan te spreek en meer rigting en duidelikheid oor multikulturele aanneming te verkry, is hierdie ondersoek onderneem. Met die literatuurstudie is gepoog om die interpretering van wetgewing oor aanneming in Suid-Afrika te bepaal en ook die rol wat die maatskaplike werker tydens aanneming speel, vas te stel. 'n Historiese oorsig van aanneming in Suid-Afrika is bespreek en ook die huidige wetgewing wat met multikulturele aanneming verband hou. In aansluiting by die doel van die navorsing is daar ook tydens die literatuurondersoek gefokus op 'n praktykperspektief, multikulturele intervensie en teorieë wat van toepassing is. Voorts is die profiel van ouers wat kinders vanuit 'n ander kultuur aanneem en ook die motiewe daarrondom, tydens die literatuurstudie ondersoek. 'n Verkennende studie is onderneem om die behoeftes van ouers wat kinders vanuit 'n ander kultuur aanneem vas te stel, asook om te bepaal watter vaardighede vir multikulturele-intervensie maatskaplike werkers nodig het om multikulturele aannemings suksesvol te fasiliteer. Die uiteindelike doel van die ondersoek was om riglyne vir maatskaplike werkers tydens multikulturele aannemings te formuleer. Die empiriese ondersoek was op ouers wat reeds kinders vanuit 'n ander kultuur aangeneem het gerig en beperk tot die Wes-Kaap. Die resultate van die empiriese ondersoek bevestig die navorser se aanname dat maatskaplike werkers vaardighede vir multikulturele-intervensie moet bemeester vir die fasilitering van suksesvolle multikulturele aannemings en dat 'n kulturele bewustheid onontbeerlik is. Op grond van die ondersoek en resultate, is aanbevelings vir 'n beleidsraamwerk ten opsigte van multikulturele aanneming geformuleer en riglyne en voorstelle vir sodanige uitvoering van multikulturele intervensie en aanneming neergelê. Die aanbevelings van hierdie ondersoek kan deur maatskaplike werkers en ouers wat betrokke is by multikulturele aannemings en deur ander welsynsorganisasies en maatskaplike werkers gebruik word.

Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library. / This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues. / http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1295254 / Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006

Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library. / This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues. / http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1295254 / Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006

This dissertation aims to analyze the legal possibility of adoption by homosexual couples based on constitutional principles. The social transformations resulted in a diversity of family entities that are constitutionally protected and also differ from the old patriarchal and patrimonial model. The pluralistic and socio-emotional current model shall perform the function of development of its members and affection becomes indispensable to characterize them. With the extent of family concept, the relationships formed by same-sex people receive legal protection through constitutional interpretation, considering the human dignity as a fundamental principle to be observed by all and also the guide to family relationships. The constitutional principles of the families rights, serve as the basis for granting the adoption by homosexual couples. It is important to emphasize the changes undergone within the adoption process which have led the socio-affectiveness as a predominant factor to be considered, therefore allowing children and adolescents who live together with homosexual family and have no legal relationship with the partner who also carries on parenting indeed. / A presente dissertação objetiva analisar a possibilidade jurídica de adoção por pares homossexuais fundamentada nos princípios constitucionais. As transformações sociais resultaram em uma diversidade de entidades familiares que são protegidas constitucionalmente e diferem do antigo modelo patriarcal e patrimonialista. O modelo atual, plural e socioafetivo, passa a exercer a função de desenvolvimento dos seus membros, e o afeto torna-se elemento indispensável para caracterizá-las. Com o alargamento do conceito de família, os relacionamentos formados por pessoas do mesmo sexo recebem proteção legal mediante interpretação constitucional, considerando-se a dignidade humana princípio fundamental a ser observado por todos e norteador das relações familiares. Os princípios constitucionais do direito das famílias servem de fundamento para a concessão da adoção por casal homossexual. É importante destacar as mudanças sofridas pelo instituto da adoção até chegar à socioafetividade como fator predominante a ser avaliado, e daí, à permissão da adoção de crianças e adolescentes que convivem com família homossexual e não possuem vínculo jurídico com o companheiro que também exerce a paternidade/maternidade de fato.

The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.

Prior to the democratic elections of 1994, South Africa was daunted by legislation flooded with racial segregation. Adoption across racial lines is, because of South Africa’s racially segregated past, a relatively recent phenomenon in this country. The number of legal adoptions has increased dramatically, especially after its legalization in 1991. Parents may adopt across racial lines for an array of different reasons, from not being able to conceive a baby, to wanting to give a child the best opportunity in life. This study explored the experiences of white parents who have adopted black children, paying particular attention to how they deal with issues of “racial” identity. In-depth interviews were used to generate qualitative data pertaining to the parental perceptions of their motivation for, and experiences of adopting a child transracially in South Africa. The study aimed to explore their motivation for adopting and experiences, as well as issues relating to “racial” identity. Recommendations have been made to assist parents who are interested in adopting transracially. The report presents findings relating to the unique characteristics of the participants who have adopted transracially. These include adopters’ motivation and thought processes before taking the relevant steps to adopt transracially; the support that they have received from others in their decision to adopt transracially; communication patterns; their relevant concerns regarding the future of their adopted child; and issues pertaining to race, culture, heritage, prejudices and stereotypes. The findings suggest that parents were pragmatic, without regrets, in their views about adopting across racial lines. The parents’ motivations for adopting across racial lines were very similar to various perspectives, but were all due to the fact that they were unable to have biological children. Parents were aware of the child’s identity and cultural issues, which may be more perceptible in the future. Their perceptions, views and opinions, and the future concerns of their children were not unrealistic. Due to the children’s young age a follow-up study of these children should be considered.