
Contents
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1 Introduction 1 Introduction
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2 Adoption 2 Adoption
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3 International Adoption: The Human Rights and Children’s Rights Framework 3 International Adoption: The Human Rights and Children’s Rights Framework
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3.1 The Legal Framework for International Adoption 3.1 The Legal Framework for International Adoption
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3.2 The Process of International Adoption: The United States as an Illustration 3.2 The Process of International Adoption: The United States as an Illustration
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3.3 Criticisms of the Current International Legal Framework 3.3 Criticisms of the Current International Legal Framework
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4 The Decline of International Adoption 4 The Decline of International Adoption
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4.1 Reasons for the Decline 4.1 Reasons for the Decline
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4.2 The “Rehoming” Issue 4.2 The “Rehoming” Issue
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5 Practical Recommendations 5 Practical Recommendations
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6 Beyond Practical Recommendations and Legal Doctrines: Critical Legal Perspectives 6 Beyond Practical Recommendations and Legal Doctrines: Critical Legal Perspectives
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6.1 Critical Race Theory and Postcolonial Theory 6.1 Critical Race Theory and Postcolonial Theory
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6.2 Feminist Legal Theory 6.2 Feminist Legal Theory
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7 Conclusion: The Future of International Adoption 7 Conclusion: The Future of International Adoption
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Notes Notes
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16 Continuing Dilemmas of International Adoption
Get accessTwila L. Perry is a Professor of Law and the Judge Alexander P. Waugh Sr. Scholar at Rutgers University School of Law in Newark, New Jersey, USA, where she teaches Family Law, Children and the Law, Torts and a seminar on Race, Gender and Tort Law.
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Published:07 May 2020
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Abstract
This chapter describes the relevant human rights and children’s rights framework that governs international adoption and examines some of the critiques of this framework. Using the adoption of children into the United States as an example, the chapter describes the processes involved in pursuing an international adoption. This is followed by a discussion of the decline in international adoption since 2004, some of the reasons for that decline, and a discussion of recommendations offered by groups and individuals in the hope of improving the existing international adoption structure. The chapter then turns to some issues concerning international adoption not easily addressed by implementing various practical recommendations. These complex issues arise from the continuing problems of poverty, racism, and patriarchy in the world, including the effect of histories of colonialism and imperialism between some Western nations and many of the countries from which internationally adopted children come.
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