Voices in the Adjudication of Compulsory Adoption in Israel: The Hegemonic Voice of the Professional Expert and the Unheard Voice of the Biological Parents |
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Authors: | Vered Ben-David |
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Institution: | Hebrew University of Jerusalem , School of Social Work , Haifa, Israel |
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Abstract: | Ambiguity in the definitions of “parental incapability” and “child's best interests” in the Israeli law of adoption allows for different “voices” to determine their meaning. With regard to compulsory adoption, findings from texts of the judicial discourse in Israel portray the voice of the professional expert as hegemonic and that of the biological parents as unheard, revealing the nature of the practices that lead to the deligitimization of the parents’ voice. To bring about a balanced representation of the different voices, the article proposes a moralization of the legal procedure of adoption that stresses its rehabilitative rather than condemnatory character. |
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Keywords: | adoption decision making judicial bias parental capability child's best interests |
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