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Adoption Law
Adoption law is the generic area of legal theory, policy making, legal practice and legal studies relating to law on adoption. National adoption laws National, or domestic, adoption laws deal with issues such as step-parent adoption, adoption by cohabitees, adoption by single parents and LGBT adoption. Adoption laws in some countries may be affected by religious considerations such as adoption in Islam. Specific laws Laws vary widely from country to country and in the case of adoption in the United States In the United States, adoption is the process of creating a legal parent-child relationship between a child and a parent who was not automatically recognized as the child's parent at birth. Most adoptions in the US are adoptions by a stepparent. ..., from state to state Intercountry adoption laws Intercountry adoption laws vary widely.Cynthia R. Mabry, Lisa Kelly Adoption Law: Theory, Policy and Practice -- 2006 - Page 459 "Some prospective adoptive parents choose certain ...
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Legal Theory
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Policy Making
Policy is a deliberate system of guidelines to guide decisions and achieve rational outcomes. A policy is a statement of intent and is implemented as a procedure or protocol. Policies are generally adopted by a governance body within an organization. Policies can assist in both ''subjective'' and ''objective'' decision making. Policies used in subjective decision-making usually assist senior management with decisions that must be based on the relative merits of a number of factors, and as a result, are often hard to test objectively, e.g. work–life balance policy... Moreover, Governments and other institutions have policies in the form of laws, regulations, procedures, administrative actions, incentives and voluntary practices. Frequently, resource allocations mirror policy decisions. Policy is a blueprint of the organizational activities which are repetitive/routine in nature. In contrast, policies to assist in objective decision-making are usually operational in nature an ...
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Legal Practice
Legal practice is sometimes used to distinguish the body of judicial or administrative precedents, rules, policies, customs, and doctrines from legislative enactments such as statutes and constitutions which might be called "laws" in the strict sense of being commands to the general public, rather than only to a set of parties. England from Henry II Common law forms of pleading: Writs In the legal practice that emerged in royal courts under Henry II any case had to fit into a narrowly defined form of pleading usually called a "writ". By the time of Henry III the number of such writs had grown to over 500, but even that many did not cover all the possible claims that people sought to make. The Provisions of Oxford in 1258 forbade the royal clerks to create any new writs. The result of this was that the courts began to adopt "fictions" such as imaginary parties or actors so that the facts of a case could be fit within one of the established forms, and the Writ of Trespass came ...
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Legal Studies
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of Reason#Logical reasoning methods and argumentation, legal reasoning and analogy, list of national legal systems, legal systems, Law#Legal institutions, legal institutions, and the proper application of law, the Law and economics, economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, Civil law (legal system), civil law, and the Public international law, law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, ...
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Adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibility (access and custody), parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity ;Adoption for the well-born While the modern form o ...
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Step-parent
A stepfamily is a family where at least one parent has children that are not biologically related to their spouse. Either parent, or both, may have children from previous relationships or marriages. Two known classifications for stepfamilies include "simple" stepfamilies, where only one member of the family's couple has a prior child or children and the couple does not have any children together, and "complex" or "blended" families, where both members of the couple have at least one pre-existing child. Etymology The earliest recorded use of the prefix ''step-'', in the form ''steop-'', is from an 8th-century glossary of Latin-Old English words meaning "orphan". is given for the Latin word and for . Similar words recorded later in Old English include , , and . The words are used to denote a connection resulting from the remarriage of a widowed parent and are related to the word meaning 'bereaved', with and occasionally used simply as synonyms for ''orphan''. Words such ...
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Single Parent
A single parent is a person who has a child or children but does not have a spouse or live-in partner to assist in the upbringing or support of the child. Reasons for becoming a single parent include divorce, break-up, abandonment, becoming widowed, domestic violence, rape, childbirth by a single person or single-person adoption. A ''single parent family'' is a family with children that is headed by a single parent. History Single parenthood has been common historically due to parental mortality rate due to disease, wars, homicide, work accidents and maternal mortality. Historical estimates indicate that in French, English, or Spanish villages in the 17th and 18th centuries at least one-third of children lost one of their parents during childhood; in 19th-century Milan, about half of all children lost at least one parent by age 20; in 19th-century China, almost one-third of boys had lost one parent or both by the age of 15. Such single parenthood was often short in duration, sin ...
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LGBT Adoption
Same-sex adoption is the adoption of children by Same-sex relationship, same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child (stepchild adoption). Joint adoption by same-sex couples is permitted in most countries and territories that allow same-sex marriage, as well as in several countries and dependent territories that do not: namely Croatia, Israel, Liechtenstein, Bermuda and the Cayman Islands. (In some of the countries with marriage, legislation for adoption preceded that for marriage.) However, only stepchild adoption is permitted in Taiwan (though since 2022 there is court precedent for joint adoption), and not even that is allowed in Ecuador, which has a constitutional ban. Adoption is only permitted for same sex married couples in 21 of the 31 Mexican states and Mexico City, despite a Supreme Court ruling that requires states to allow it. Stepchild adoption is permitted for same-sex c ...
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Adoption In Islam
Islamic views on adoption are generally distinct from practices and customs of adoption in other non-Muslim parts of the world like Western or East Asian societies. The adoption in the western sense of the word is not recognized in Islam. Description Raising a child who is not one's genetic child is allowed and, in the case of an orphan, even encouraged. But, according to the Islamic view, the child does not become a true child of the "adoptive" parents. For example, the child is named after the biological, not adoptive, father. This does not mean raising a non-biological child is not allowed. It means that the sponsored child doesn't carry the same name as its sponsoring parents. In Islam it is considered a blessing to take care of an orphan, in fact it is considered a duty to some. Thus many Muslims say that it is forbidden by Islamic law to adopt a child (in the common sense of the word), but permissible to take care of another child, which is known in Arabic as (''kafala''), ...
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Adoption In The United States
In the United States, adoption is the process of creating a legal parent-child relationship between a child and a parent who was not automatically recognized as the child's parent at birth. Most adoptions in the US are adoptions by a stepparent. The second most common type is a ''foster care adoption''. In those cases, the child is unable to live with the birth family, and the government is overseeing the care and adoption of the child. ''International adoptions'' involve the adoption of a child who was born outside the United States. A ''private adoption'' is an adoption that was independently arranged without the involvement of a government agency. Between five and seven million Americans are adoptees. About 150,000 adoptions happen each year, including about 50,000 foster-care adoptions. While most adoptions involve minor children (under the age of 18), adult adoption is also possible. Types Adoptions in the United States may be either domestic or from another country. Do ...
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Adoption Law
Adoption law is the generic area of legal theory, policy making, legal practice and legal studies relating to law on adoption. National adoption laws National, or domestic, adoption laws deal with issues such as step-parent adoption, adoption by cohabitees, adoption by single parents and LGBT adoption. Adoption laws in some countries may be affected by religious considerations such as adoption in Islam. Specific laws Laws vary widely from country to country and in the case of adoption in the United States In the United States, adoption is the process of creating a legal parent-child relationship between a child and a parent who was not automatically recognized as the child's parent at birth. Most adoptions in the US are adoptions by a stepparent. ..., from state to state Intercountry adoption laws Intercountry adoption laws vary widely.Cynthia R. Mabry, Lisa Kelly Adoption Law: Theory, Policy and Practice -- 2006 - Page 459 "Some prospective adoptive parents choose certain ...
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