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Adoption without Consent - Update 2016

12-05-2016

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection ...

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between States in future proceedings. The study concludes that while other EU Member States have mechanisms for permitting adoption without parental consent in specific circumstances, few appear to exercise this power to the extent to which the English authorities do. Still, the lack of comparative statistical data on when this is used, how frequently, and by whom, precludes clear-cut conclusions, calling for more data and research to be carried out.

Autor extern

Claire FENTON-GLYNN (University of Cambridge, the UK)

Adoption: Cross-Border Legal Issues and Gaps in the European Union

15-12-2015

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted ...

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted to the EP on issues relating to adoptions without parental consent involving non-national children and, on the other hand, to provide some background reflections for the legislative own-initiative opinion which the Legal Affairs Committee is preparing.

Adoption: Cross-Border Legal Issues

25-11-2015

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from ...

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from the perspective of the Polish, European and international law". The four other briefings provided background reflections to the second session, focussed on legal issues around "Cross-border recognition of adoptions". They first approached issues of recognition in a general way ("Conflicts and Coordination of Family statuses: Towards their recognition within the EU?"), turned to the "Recognition of intercountry adoptions - practical operation of the 1993 Hague Convention", further looked into limitations of the current EU legal framework and their consequences on free movement of citizens ("Cross-border recognition of domestic adoptions - obstacles to free movement") and finally examined issues around the recognition in the EU of adoptions made under non-EU legal systems ("Recognising child protection measures in the Middle Eastern legal systems as equivalents to adoption - a fresh look on Magrhebian kafala, Iranian sarparasti and Iraqi damm").

Autor extern

Mathew THORPE, Paweł JAROS, Gian Paolo ROMANO, Laura MARTÍNEZ-MORA, Ruth CABEZA and Nadjma YASSARI

Adoption without Consent

07-07-2015

At the request of the PETI Committee and on the basis of petitions submitted on the matter of adoption without parental consent in England and Wales, this study examines the law and practice in England and Wales, in comparison to other jurisdictions within the European Union. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between ...

At the request of the PETI Committee and on the basis of petitions submitted on the matter of adoption without parental consent in England and Wales, this study examines the law and practice in England and Wales, in comparison to other jurisdictions within the European Union. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between States in future proceedings.

A Comparative Study on the Regime of Surrogacy in EU Member States

15-05-2013

This study provides a preliminary overview of the wide range of policy concerns relating to surrogacy as a practice at national, European and global level. It undertakes an extensive examination of national legal approaches to surrogacy. It also analyses existing European Union law and the law of the European Convention of Human Rights to determine what obligations and possibilities surround national and transnational surrogacy. The study concludes that it is impossible to indicate a particular legal ...

This study provides a preliminary overview of the wide range of policy concerns relating to surrogacy as a practice at national, European and global level. It undertakes an extensive examination of national legal approaches to surrogacy. It also analyses existing European Union law and the law of the European Convention of Human Rights to determine what obligations and possibilities surround national and transnational surrogacy. The study concludes that it is impossible to indicate a particular legal trend across the EU, however all Member States appear to agree on the need for a child to have clearly defined legal parents and civil status.

Autor extern

Laurence BRUNET (Lead - Université Paris I), Janeen CARRUTHERS (University of Glasgow), Konstantina DAVAKI (London School of Economics), Derek KING (London School of Economics), Claire MARZO (London School of Economics) and Julie MCCANDLESS (London School of Economics)

A Comparative Study on the Regime of Surrogacy in EU Member States

15-11-2012

Surrogacy is an increasingly common reproductive practice. Today, stories about surrogacy regularly appear in popular culture and news outlets, while the number of organisations offering surrogacy services is clearly on the rise, as is the number of cases involving surrogacy in courts across the EU. Surrogacy raises important legal issues, such as whether surrogacy contracts should be enforceable, as well as questions pertaining to the legal parenthood of a child born to a surrogate mother and his ...

Surrogacy is an increasingly common reproductive practice. Today, stories about surrogacy regularly appear in popular culture and news outlets, while the number of organisations offering surrogacy services is clearly on the rise, as is the number of cases involving surrogacy in courts across the EU. Surrogacy raises important legal issues, such as whether surrogacy contracts should be enforceable, as well as questions pertaining to the legal parenthood of a child born to a surrogate mother and his/her citizenship and nationality. There are also significant policy and regulatory concerns relating to: payment; autonomy; child welfare; gender, sexual orientation and socio-economic inequality; reproductive health; and globalisation.

Autor extern

Laurence BRUNET (Lead - Université Paris I), Konstantina DAVAKI (London School of Economics), Claire MARZO (London School of Economics) and Julie MCCANDLESS (London School of Economics)

Mutual recognition of same-sex marriage, of civil partnerships of same-sex and opposite sex couples: current situation in member states. need for eu action?

30-11-2010

This paper focuses upon the UK, common law perspective of mutual recognition of same-sex marriage, of civil partnerships of same-sex and opposite sex couples, covering matters relating to marriage/civil partnership, divorce/dissolution, ancillary relief/financial provision and issues relating to children.

This paper focuses upon the UK, common law perspective of mutual recognition of same-sex marriage, of civil partnerships of same-sex and opposite sex couples, covering matters relating to marriage/civil partnership, divorce/dissolution, ancillary relief/financial provision and issues relating to children.

Autor extern

Charles Hyde QC, Queen Elizabeth Building Temple, London

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