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

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Description

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 childrens needs while providing protection to childrens 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 childrens 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.

Reviews

This well-researched volume is an important corrective to the dominance of adoption as a solution for children in need in some policy circles. As a book-length analysis of adoption in the context of both domestic and international human rights law, Davey's monograph is very valuable. -- Brian Sloan * Cambridge Law Journal *

Author Bio

Samantha M Davey is Lecturer in Law at the University of Essex.