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Care Reform| Advocacy| Coalition Building

Article 21 of the UNCRC states that, "States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration..." This underlines the centrality of best interest determination in adoption especially in judicial decision making which marks the last gatekeeping point in the adoption process. This recent court ruling in Kenya demonstrates the application of the principle. In this case, the court relying on article 186(5) of the Children Act 2022 approved an application by a couple, one of whom was above the maximum allowable age of 65, citing the best interest of the child. The article allows for exemptions to this requirement under special circumstances. In this case, the court argued that the couple had bonded well with the child and that they were already adoptive parents to another child. Specifics of the case aside, this example demonstrates the potential of documented adoption court rulings for the analysis and interrogation of the interpretation and application of the best interest principle in arguably the most crucial and consequential gatekeeping mechanism in the adoption process.

Hope for baby abandoned at birth as court okays adoption

Hope for baby abandoned at birth as court okays adoption

the-star.co.ke

being a lived experience adoptee, i really advocate that there should be a panel of lived experience and others who determine "the best interest" in cases like this .. what does a judge know about the life long consequences of being an adoptee? nothing! Bet he isn't one and probably has never talked to many either, especially those who can speak from a critical thinking perspective about all the possible outcomes long term, what can go wrong as worst case, what can go best as best case. Too often the legal experts know NOTHING about the emotional impacts that are lifelong for an adoptee. Noone speaks up for the child's interests ... only professionals who have no lived experience, who hold no accountability for when their decisions go sour and end up being very detrimental, and definitely they are nowhere to be seen when the adoption fails or the child suicides from being placed in a family where there isn't a good fit. There definitely isn't any followup either within most adoptions. But at least this child is being kept in-country and not shipped off for export to an intercountry adoption!

Dong Hee 동희 Kim 김

Senior coördinerend adviseur aanbesteden utiliteitsbouw bij Rijksvastgoedbedrijf | Founder & Chair Stichting ARAN | Adoptee Rights Activism and Advocacy

1y

Horrendous…..it is scientifically proven that an assessment whether a child, especially an infant or a toddler, has bonded with strangers is not finite nor a reliable at all! The child has suffered preverbal trauma and is, at the time of assessment, still not able to speak at all. It is a trauma-survival response of a child to cling to its caregivers because it needs an adult in order to survive (being fed and getting attention), but this means in no way that the child is truly safe with them or that being legally bonded to these caregivers is in it’s best interest. We know that the majority of adoptees, start to become aware of their trauma once they get older and wiser and that the symptoms of their unconscious and postponed grief, can appear in very intense and harmful ways.

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