Documentary analysis of the legal and policy framework of transracial adoption in South Africa

Transracial adoption was legalized in South Africa through legislative reform as South Africa moved into a post-apartheid era of non-racialism. Transracial adoption offers one option of placement for Black children in need of alternative care. However, adoption continues to face obstacles to implementation, including cultural obstacles which impact on placement of Black African children. This paper reports on adoption statistics on national adoption in the period 2013–2021 and a documentary analysis of the current legal and policy framework governing transracial adoption. We cover international instruments, local laws, including the Children's Act of 2005, and relevant policy documents designed to facilitate the implementation of adoption. We show that the law is supportive of transracial adoption, but that policy documents offer a somewhat contradictory stance to the practice. The lack of success of transracial adoption as a child protection strategy does not lie within the legal framework but may lie in the difficulties in interpreting and implementing the range of different policies by those implementing these policies. More research into the implementation practice of these bureaucrats is required to understand the underutilization of transracial adoption as a placement option for Black children in South Africa.     

Openness in adoption: Challenging the narrative of historical progress

One significant change in adoption practice that has occurred over the last four decades is the shift away from an expectation of confidentiality towards an expectation of openness in adoption. Openness is typically conceived in terms of the level of contact between adoptive and birth families following adoption or the extent to which adoption is openly discussed within the adoptive family. While these shifts in practice have generated controversy, they are largely supported by research evidence and have become a feature of contemporary adoptive family life. As a result, the narrative that has emerged in relation to openness in adoption is one of historical progress. In this paper, I argue that the lived reality of adoption is less straightforward than this narrative suggests. An analysis of the social and cultural context in which adoption operates suggests instead that the persistent feature of adoption throughout this historical period of increasing openness can be more accurately described as a state of enduring ambiguity regarding the nature of post‐adoption relationships. The paper highlights the potentially damaging consequences of overlooking this aspect of adoptive family life and comments on the role of policy in shaping openness in adoption.     

Adoption in Korea: current status and future prospects

This article examines the current status of adoption in Korea and discusses the issues that must be addressed for future development. The nature of adoption has changed dramatically in the last 50 years, and continues to change in Korea. If the first half of modern adoption history were about finding and providing permanent homes for war orphans and children abandoned out of destitution, the second half saw increasing demand for adoption to function as a key component of the continuum of child welfare services providing care for children who need protection and care outside their home. However, responding to this change has been a challenge over the years. Based on the analysis of recent trends of the child welfare system and adoption in Korea, this article reveals that there are significant barriers in the path to improving adoption, especially domestic adoption, so that it can be considered a realistic placement option for children who need protection and care in Korea. Suggestions for the future direction of reforming adoption policy and practice are given.     

Attitudes towards adoption disclosure in Singapore

Using data from the general public and social workers' attitudes towards adoption, the study examined adoption disclosure to the child, as well as perceptions towards social disclosure. The results indicated that the majority of Singaporeans believe that the adoptee should be made aware of their adoption status; however there is a widespread negative attitude towards disclosure to community. Age, marital status, ethnicity and familiarity with child adoption were significantly related to adoption disclosure. Social workers also shared similar perceptions towards social nondisclosure. These findings highlight the need for educational programs to sensitize the public to adoption of children in Singapore.     

Globalization and international adoption from China

Since the mid-1990s, China has become one of the major countries from which children are adopted overseas. This paper examines ways in which globalization has contributed to the development of international adoption from China and explores cultural and historical attitudes to population growth, child abandonment and adoption. How China's social, economic and welfare policies have affected adoption policies and practices are discussed, with reference to ethnographic fieldwork undertaken by the authors between 2001 and 2007. Interviews and group discussions were conducted with UK, Chinese and American adoptive parents, directors of social welfare institutes, Chinese welfare officials and staff of non-government organizations working in the area of adoption and fostering in China. While globalization has affected, and continues to affect inter-country adoption, its influence in China is analysed using Masson's value positions on international adoption – abolitionists, promoters and pragmatists. China's pragmatic approach to international adoption is considered in relation to policies that reflect the best interests of children in China and overseas.     

Adoptive family life and adoption support: policy ambivalence and the development of effective services

Adoption policy and practice in England is being ‘modernized’ in order to increase the number of permanent placements for children in public care. Success depends on improving adoption services as well as reforming the adoption process itself. To this end the Adoption and Children Act 2002 places new duties on local authorities to ensure greater consistency and quality of service in adoption support as well as in care planning. Questions now arise locally about what priority and focus to give to adoption support. Yet service development is inhibited by the ambivalence of New Labour about exactly what it is that adoption support is supposed to be supporting and how. Funds are limited and service re‐organization is always difficult to achieve. However, mixed policy messages result largely from the ambiguous social role and expectations of adoptive family life and kinship. In law adoption replicates the autonomous normative birth family whilst in policy it provides reparative parenting for particularly vulnerable children. A lack of clarity about the claims for support of those affected by adoption results. This paper argues a fresh case for the distinctive claims of adoptive family life for support. It suggests how new thinking about adoptive family life and kinship might stimulate local service collaboration and effective adoption support.     

Names and naming in adoption: Birth heritage and family‐making

In this article, we consider the significance and practices of names and naming in adoption to develop understanding of the issue amongst scholars, policymakers, adoption practitioners, and adoption communities. Research on the topic of names and adoption is scarce and focused mostly on international and domestic adoptions in the United States. We draw on the research literature to critically explore names and naming in adoption through two recurrent and related themes. The first is “birth heritage,” where names, forenames especially, are shown to be important in the approach taken by adopters to their child's birth family and cultural identity. The second theme is “family‐making,” where namesaking and homogeneity of surname emerge, amongst others, as strategies to create, sustain, and display “family.” In gathering together for the first time an otherwise scattered, disparate body of research, our article showcases names and naming as illuminating distillations of key contemporary challenges experienced by families formed through adoption. We conclude our article by considering emergent gaps in existing knowledge and understanding about names, naming, and adoption that might usefully be addressed, to inform professional advice and familial decisions about names, and enhance outcomes for adoptees and their families.     

Normalizing post adoption support for all

Within a context of substantial adoption policy reform in England, this paper explores post adoption support. Findings from a small‐scale survey of 22 local authorities in England and interviews with 11 adoption practitioners (from 11 of the authorities that completed the survey) are presented and related national policy discussed. The paper argues that support should continue postmatching a child with their adoptive parent(s) and that this should be the norm rather than the exception. It also emphasizes the need to improve the availability of and access to post adoption support in a timely manner.     

Implementation of food safety and quality standards: A case study of vegetable processing industry in Zhejiang, China

Over the last decade great attention has been paid to food safety/quality control due to the increases of food especially pesticide residues related diseases in China. Firms of Chinese vegetable industry have adopted a number of standards that can enhance safety of products. This study uses binomial and ordinal Logistic Regression Models to identify the determinants that influence the adoption behavior and adoption magnitude of food safety/quality standards in Chinese vegetable processing sector. The findings indicate that adoption behavior and adoption intensity are very closely linked to firm's characteristics such as firm size, expected premium, export market, brand name, e-commerce, training frequency and traceability. Moreover, the results suggest that the significance and magnitude of the coefficients associated with the independent variables differ between binomial and ordered logistic models. The results provide policy implications for food safety regulation and promote adoption of standards in Chinese vegetable processing sector.     

Choosing intercountry adoption: an Australian study of the motivations and attitudes of intending and recent adoptive parents

Humanitarian reasons are often reported as the main motivating force for undertaking intercountry adoption. This article reports on a qualitative interview‐based Australian study in which 32 adoptive parents and prospective adoptive parents talk frankly about their desire to use intercountry adoption as a pathway to parenthood, rather than as an altruistic method of providing a child with a family. The study aimed to investigate motivations of intending and recent adoptive parents for deciding to form a family through intercountry adoption and to contribute to understanding about why intercountry adoption is the preferred option over available alternatives for family formation. The findings from this study raise interesting questions regarding recruitment efforts for children needing families; not only in relation to intercountry adoption, but also in developing recruitment strategies for foster carers for local children needing care.     

Adoptive Parents’ Attitudes toward Adoption and Domestic Adoption Development in Korea: Adoptees’ Specific Needs for Origin

This study aimed to find out how Korean adoptive parents were carrying out their adoptions in Korea and to see if adoptive families truly understood the meaning of adoption and their adopted child's specific needs to know about his genetic roots. This understanding on the adoptive parents’ part is needed to help the child to form a self‐identity for his well‐being. The study sample of 352 adoptive parents may be the largest study ever done involving families currently raising their adopted children in Korea. Results showed that families did not seem to understand adoption with its characteristics well. Though families’ satisfaction with the adoption was very high, it appeared that their satisfaction was limited to when their adoptees were young, not being extended to when children became old enough to know of their adoption. For adoption development in Korea, however, it was encouraging that parents’ participation in local (regional) meetings with other fellow adopters from self‐support groups appeared to be the most significant consistent factor in contributing to the families’ understanding of adoption and their positive attitudes for the adoptees’ well‐being and to their satisfaction with the adoption.     

The paradox of inter-country adoption: analysing Romania's experience as a sending country

This article explores the effects of inter-country adoption on the development of in-country services to protect children and support families in Romania. The country's child care legislation gives formal priority to domestic alternatives to institutional care – preventive services, family reunification, foster care and in-country adoption. Despite this, inter-country adoption continues to play a central role in Romania's child welfare system. The article analyses the multiple and complex factors at policy and practice levels that lie behind this situation. It is concluded that whilst inter-country adoption may be used to secure some resources for the development of in-country services, it paradoxically undermines the effectiveness of those services for the children who are left behind.     

Adoption in South Africa: trends and patterns in social work practice

This paper reports findings from a research study on adoption in South Africa conducted in 2009. The research included secondary data analysis of the South African National Adoption Register to establish trends and patterns of adoption in South Africa between 2004 and 2009, and primary data collection through qualitative interviews with key informants in public and private social welfare services to explore attitudes, knowledge and experiences of social work practice related to adoption. The quantitative findings report the number of national and international adoptions along with trends and socio‐demographic patterns of national adoptions. Qualitative findings report on social work practice, systemic barriers and social worker attitudes as barriers to improved social work practice around national adoptions. The paper highlights comparisons to adoption literature in the USA, a country with a similar legislative framework and cultural complexities, but significantly more resources for implementation. Recommendations are offered for social work practice, national data collection and policy implementation efforts to support efforts to increase adoption.     

Adoption by foster carers: a profile of interest and outcomes

This paper looks at the issue of adoption by foster carers and in particular its financial aspects. The findings stem from a wider study of remuneration and performance in foster care. Drawing on a survey of 1181 foster carers, this paper examines the characteristics of those who have considered adoption. The outcomes of such consideration, including the part played by financial concerns and anticipated loss of support in decisions to proceed with adoption or not, are also examined. The findings reveal a significant level of interest in adoption on the part of foster carers, to which three particular sets of characteristics are found to be associated. First, interest is greater among those more extensively involved in foster care in terms of experience, specialisms and range of placements offered. Second, it is associated with relatively less concern with payment and less ‘professional’ views of foster care. Third, there is evidence that adoption is more commonly pursued by those who feel less valued by social workers. Fears of losing financial help and support were cited as reasons by more than half of all foster carers who had considered but not pursued adoption.     

Secrecy and Openness in Adoption: An Historical Perspective

The issue of whether there should be continuing contact between those who are adopted and their birth relatives is one of the most contentious issues in current adoption practice (see for example DoH, 1993; McWhinnie and Smith 1994). The view traditionally taken is that adoption in England and Wales has been secret since its legal origins in 1926 and any moves to more fully disclosed information and indeed contact between the parties in adoption is a recent development (see for example DoH 1992). This article considers the history of birth family contact and access to records in adoption from 1926 to the 1958 Adoption Act and examines the factors that favoured the development of closed models of practice where there was no contact between the parties and records became secret. In doing so it challenges the accepted view that adoption has always provided for secrecy in England and Wales and establishes that both the thinking of policy makers and the legislation itself until 1949 provided for more open forms of adoption than we enjoy today. Secrecy, it is claimed, developed as a consequence of a collusion between professionals and the judiciary which disregarded the legal rights of birth parents and failed to respect their entitlement to a proper say in the decisions about the future of their children.     

Adoption from care in Northern Ireland: problems in the process

ABSTRACT This is a study of the processes for freeing children for adoption in Northern Ireland. The focus was the time taken from admission to care to adoption order. The findings confirmed that the process is dogged by delay at each stage. In total the average time from the child becoming looked after to the granting of an adoption order was 4.5 years. Most of the time taken was in the stages for which social services had lead responsibility, principally the decision to pursue adoption as the plan for a child. The children were very young when admitted to care – average age 1 year 7 months. Most were admitted to care because they were being neglected. Their parents were well known to social services and had multiple problems. Most parents unsuccessfully contested the social services’ application and this contributed much to the delay. Their former foster parents adopted almost half of the children and these children tended to be placed more quickly with their adopters than those placed with adopters who were not their foster parents prior to the adoption process.     

Political economy and the adoption of everyday environmental policies in the American states, 1997: an exploratory analysis

The political economy model has been widely and effectively used to explain and predict adoption rates of highly salient and/or controversial policies in the American states. However, use of this model to predict policy adoption in noncontroversial domains has been limited. This article tests the extent to which the model is successful in explaining the adoption of less-salient, everyday policies intended to improve environmental quality among the American states. The addition of conditional terms related to the model's political and bureaucratic components resulted in explaining 57% of the variance in commitment to everyday environmentalism among the American states. In sum, the number of everyday environmental policies adopted by state governments is a function of economic considerations, legislative accountability and professionalism, bureaucratic commitment, political culture and previous levels of policy adoption. Alternately—and unlike more controversial environmental policy domains—partisanship, ideology, party control of government and interest group forces do not have an impact on adoption of everyday environmental policies.     

Regulating inclusivity: reforming adoption law for the 21st century

ABSTRACT The process of the reform of current adoption law in England and Wales to better meet the needs of adoption practice has been a lengthy one. The extent to which the regulatory framework set out in the Adoption Act 1976 reflects an exclusive model of adoption no longer suited to current practice is well recognized. In this paper the reforms (about to be) enacted in the Adoption and Children Act 2002 are critically considered in the light of the identified requirements of a regulatory system supportive of an inclusive model better suited to the changed nature of adoption. Key themes running through the requirements are explored in the context of the reforms, and the extent to which the paramountcy of the welfare of the child will be underpinned by respect and support for the needs and rights of all parties to the so‐called adoption triangle. Whilst the new legislation is specific to England and Wales, the issues discussed are relevant not only in other common law jurisdictions but throughout the developed world.     

Internationally adopted children's general and adoption‐specific stressors,coping strategies and psychological adjustment

We examined stress, coping and psychological adjustment of 68 children, aged 8–12, who were internationally adopted to Spain. Using the Kidcope, all children were asked about the most stressful general and adoption‐related problem they experienced and the use and effectiveness of various coping strategies when dealing with the problem. For all reported problems, the nature of the problem (personal, interpersonal, regarding others), the content, the degree of stress it created and its perceived controllability were analysed. Emotional and behavioural functionings were assessed with the Behaviour Assessment System for Children. About half of the children mentioned specific problems concerning the adoption, with inracial adoptees reporting less adoption‐related problems than transracial adoptees. For general and adoption‐related problems, interpersonal problems were mentioned most often. With regard to the content, ‘relationships’ and ‘victimization’ were mentioned most often for general and adoption‐related problems, respectively. Adoption‐related problems were appraised as less controllable. No differences emerged in terms of coping with general or adoption‐related problems except for ‘self‐criticism’. Overall, the children used many coping strategies and were generally well‐adjusted. Identifying the problems and coping strategies of adoptees is important in order to help these children and their families tackle these stressors.     

Social constructions of reality and narratives of parental incapability in the process of adjudicating the adoption of minors in Israel

Compulsory adoption of a child constitutes the most extreme intervention of the state in family life. In Israel, this intervention relies mainly on the cause of parental incapability, which has not been clearly defined by the law and is left to the court's discretion. In this paper, the social construction of a reality paradigm and the narrative approach to the law are used as conceptual frameworks for analysing the concept of parental capability in court decisions favouring compulsory adoption. The analysis of case studies revealed six central narratives of parental incapability in court decisions and the judicial practices that constructed them. The compelling power of the parental incapability narrative leading almost conclusively to the closed adoption solution is discussed, and an alternative narrative of open adoption is put forward.