Adoption Pros And Cons

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Article 12 of the United nations Convention on the Rights of the Child in regards to Adoption.

Professor Ursula Kilkelly & Dr. Conor O’Mahony



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The right of children to be heard in adoption proceedings was generated from the provisions as laid out in the United Nations Convention on the Rights of the Child [hereinafter UNCRC] in particular Article 12 . In this assignment I will look at the provision as laid out under Article 12 UNCRC, evaluate its pros and cons and determine if it has met its objective. I will look at criticisms of the article and I will also look at ideas for reform.
The process of adoption is one that has the ability to have a profound …show more content…

Under this article, parties that have ratified this treaty , have two obligations towards children. First, that the wishes and views of the child are established and second, that these wishes and views are given due weight with regard to the age and maturity of the …show more content…

In these countries the consent of the child is required if they have the capacity or maturity to understand the decision being made. This system has many advantages as it gives greater freedom to a child to exercise their right to make decisions that impact on their life and is consistent with Article 12 UNCRC.
However it can also be a negative for children as the burden of proof will be on them to prove their capacity. This may be difficult to achieve as until the introduction of the UNCRC, the system was built on a paternalistic and protective stance which may be difficult to overcome. As seen in medical cases in England, the decision in whether a child is mature enough to make a decision regarding their lives boils down to what the person who is making the determination, believes is in the best interest of the child.
In Gillick v West Norfolk and Wisbech Area Health Authority and Anor the House of Lords held that the parent’s right to make decisions for their child concede to the child’s autonomy when they reach sufficient understanding and intelligence to be capable of making up their own mind regarding the particular

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