Trough fostercare and adoption, minors gain a second family, as their biological one is absent or in need of aid, due to financial, legal or psychological problems. Fostercare may be a volunteer choice taken up by natural parents, deemed in their children's best interest, or it can be a prescribed measure ordered by the Court. Though, it poses a temporary remedy, which does not interfere with the natural parents-children relationship (with an only exception, in case of removal of parental authority). It is therefore patent that fostercare gives way to the establishment of a strong affection between children and accepting parents: an essential affection for the balanced growth of the minor's personality and, in most cases, a long lasting intercourse. The perspective is totally overturned in case of adoption of minors. Adoption (may it be domestic or intercountry) is the safest way for allocating abandoned children or orphans. In case of adoption, it is very unlikely that natural parents have any wish to safeguard their parental relationship. Statistics say that in the vast majority of cases the discovery and reunification procedure is taken over by the once adopted, looking for his/her origins; in the meantime, biological parents are carrying on with their ordinary lives, showing no wish to find out the issue. What happens when biological origins are revealed? What happens in case the adopted gets in touch with his/her natural parents? The vast majority of domestic systems provide one only rule regulating the natural parents-adopted relationship: the matrimonial ban (no wedding between them). No other case is provided or foreseen by the law. It appears therefore interesting to see how Courts have compensate the silence of the law, regarding the following aspects. Has the natural grandparent any right of visit on the adopted/fostercare child (e.g. in case the child was abandoned against the will of the grandparents by a teenager mother)? Can the natural parent or grandparent apply for fostercare in case the adopting family is in crisis (financially or legally)? In nowadays globalized world, it can happen that an adopted child becomes very famous and is therefore recognized by his/her biological parents on TV or magazines: have natural relatives any right (to succession/inheritance/support) towards the once abandoned child? It is obvious that the above problems do not invest most of the people; nevertheless they are of great importance to the subjects involved: children, biological and adopting parents.

Adoption and foster care: doubled family solidarities? / Ferrari, Isabella. - 1:(2013), pp. 257-279.

Adoption and foster care: doubled family solidarities?

Isabella Ferrari
2013

Abstract

Trough fostercare and adoption, minors gain a second family, as their biological one is absent or in need of aid, due to financial, legal or psychological problems. Fostercare may be a volunteer choice taken up by natural parents, deemed in their children's best interest, or it can be a prescribed measure ordered by the Court. Though, it poses a temporary remedy, which does not interfere with the natural parents-children relationship (with an only exception, in case of removal of parental authority). It is therefore patent that fostercare gives way to the establishment of a strong affection between children and accepting parents: an essential affection for the balanced growth of the minor's personality and, in most cases, a long lasting intercourse. The perspective is totally overturned in case of adoption of minors. Adoption (may it be domestic or intercountry) is the safest way for allocating abandoned children or orphans. In case of adoption, it is very unlikely that natural parents have any wish to safeguard their parental relationship. Statistics say that in the vast majority of cases the discovery and reunification procedure is taken over by the once adopted, looking for his/her origins; in the meantime, biological parents are carrying on with their ordinary lives, showing no wish to find out the issue. What happens when biological origins are revealed? What happens in case the adopted gets in touch with his/her natural parents? The vast majority of domestic systems provide one only rule regulating the natural parents-adopted relationship: the matrimonial ban (no wedding between them). No other case is provided or foreseen by the law. It appears therefore interesting to see how Courts have compensate the silence of the law, regarding the following aspects. Has the natural grandparent any right of visit on the adopted/fostercare child (e.g. in case the child was abandoned against the will of the grandparents by a teenager mother)? Can the natural parent or grandparent apply for fostercare in case the adopting family is in crisis (financially or legally)? In nowadays globalized world, it can happen that an adopted child becomes very famous and is therefore recognized by his/her biological parents on TV or magazines: have natural relatives any right (to succession/inheritance/support) towards the once abandoned child? It is obvious that the above problems do not invest most of the people; nevertheless they are of great importance to the subjects involved: children, biological and adopting parents.
Les solidarités entre générations/Solidarity between generations
H.Fulchiron
9782802739982
Larcier Bruylant
BELGIO
Adoption and foster care: doubled family solidarities? / Ferrari, Isabella. - 1:(2013), pp. 257-279.
Ferrari, Isabella
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11380/1170782
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