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En familj i ett annat land - Barnets bästa som begrepp och styrande princip vid internationella adoptioner

von Koch, Cecilia (2008)
Department of Law
Abstract
The purpose of this graduate thesis is to examine how the best interests of the child principle has evolved in the history of the Swedish institution of adoption, how the best interests of the child shall be provided for with reference to international adoption that takes place today and finally if the best interests of the child principle requires to be clarified in the Swedish legislation. A comprehensive aim is also to follow the development of the intentions of adoption. Adoption as a legal institute was introduced in Swedish law in 1917. The main purpose was to give orphaned and poor children the chance to a better life. Through the adoption the child was to be given financial support, a stabile home, love, care and a good upbringing.... (More)
The purpose of this graduate thesis is to examine how the best interests of the child principle has evolved in the history of the Swedish institution of adoption, how the best interests of the child shall be provided for with reference to international adoption that takes place today and finally if the best interests of the child principle requires to be clarified in the Swedish legislation. A comprehensive aim is also to follow the development of the intentions of adoption. Adoption as a legal institute was introduced in Swedish law in 1917. The main purpose was to give orphaned and poor children the chance to a better life. Through the adoption the child was to be given financial support, a stabile home, love, care and a good upbringing. The adoptions was at first applied to Swedish children only but the use of contraceptives, the increased possibilities to abortion and a changed attitude with regards to single mothers lead to a situation when there were very few Swedish children available for adoption. The solution was to use legislation to make way for international adoptions and since 1969, 47 000 children has come to Sweden through adoption. The purpose of the Swedish institution of adoption has changed and become a way to found a family. The child shall no longer only be given a good home, but access to friends, fine schools and close relations to other adults than the parents. The perspective of the child has strengthened through the widened perspective to the world outside the family. Adoption is regulated in several statutes in the Swedish law, for example the Code on Parents and Children and the Law of social services. In international law rules about adoption is found in the Convention on the Rights of the Child and in the Hague convention of 1993. To make sure that the best interests of the child principle is provided for, the basic conditions for adoption has to be fulfilled before the adoption takes place but the applicants also has to have a permission, that can only be given after an extensive investigation of the home and lives of the applicants. The applicants also have to attend a parenting course. As a ground rule the adoption has to be done through an authorized organisation. There are strict conditions that have to be fulfilled before the authorisation and the work of the organisations is controlled by the Authority of International Adoptions. When the adoption has taken place the social services is required to offer support to the adopted child and his family. Shortly a process will begin that will examine the rules of adoption in the Code on Parents and Children. Among other questions the investigation is to decide if the best interest of the child principle has to be clarified. After my studies of the Swedish legislation I have come to the conclusion that I do not find it necessary to change the legislation. What it really comes down to is the fitness of the applicants and referring to the Law of social services and the rules about permission, in which a clarification was done in 2004, I consider the perspective of the child regarding adoption to be sufficient. (Less)
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author
von Koch, Cecilia
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Familjerätt
language
Swedish
id
1562812
date added to LUP
2010-03-08 15:55:30
date last changed
2010-03-08 15:55:30
@misc{1562812,
  abstract     = {The purpose of this graduate thesis is to examine how the best interests of the child principle has evolved in the history of the Swedish institution of adoption, how the best interests of the child shall be provided for with reference to international adoption that takes place today and finally if the best interests of the child principle requires to be clarified in the Swedish legislation. A comprehensive aim is also to follow the development of the intentions of adoption. Adoption as a legal institute was introduced in Swedish law in 1917. The main purpose was to give orphaned and poor children the chance to a better life. Through the adoption the child was to be given financial support, a stabile home, love, care and a good upbringing. The adoptions was at first applied to Swedish children only but the use of contraceptives, the increased possibilities to abortion and a changed attitude with regards to single mothers lead to a situation when there were very few Swedish children available for adoption. The solution was to use legislation to make way for international adoptions and since 1969, 47 000 children has come to Sweden through adoption. The purpose of the Swedish institution of adoption has changed and become a way to found a family. The child shall no longer only be given a good home, but access to friends, fine schools and close relations to other adults than the parents. The perspective of the child has strengthened through the widened perspective to the world outside the family. Adoption is regulated in several statutes in the Swedish law, for example the Code on Parents and Children and the Law of social services. In international law rules about adoption is found in the Convention on the Rights of the Child and in the Hague convention of 1993. To make sure that the best interests of the child principle is provided for, the basic conditions for adoption has to be fulfilled before the adoption takes place but the applicants also has to have a permission, that can only be given after an extensive investigation of the home and lives of the applicants. The applicants also have to attend a parenting course. As a ground rule the adoption has to be done through an authorized organisation. There are strict conditions that have to be fulfilled before the authorisation and the work of the organisations is controlled by the Authority of International Adoptions. When the adoption has taken place the social services is required to offer support to the adopted child and his family. Shortly a process will begin that will examine the rules of adoption in the Code on Parents and Children. Among other questions the investigation is to decide if the best interest of the child principle has to be clarified. After my studies of the Swedish legislation I have come to the conclusion that I do not find it necessary to change the legislation. What it really comes down to is the fitness of the applicants and referring to the Law of social services and the rules about permission, in which a clarification was done in 2004, I consider the perspective of the child regarding adoption to be sufficient.},
  author       = {von Koch, Cecilia},
  keyword      = {Familjerätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {En familj i ett annat land - Barnets bästa som begrepp och styrande princip vid internationella adoptioner},
  year         = {2008},
}