Children’s Capacities and Role in Matters of Great Significance for Them

Abstract

How do decision-makers in the judiciary approach children’s capacities as set out in Article 5 of the Convention on the Rights of the Child? Children in public care who cannot be reunified with their birth parents may be adopted, but are children given agency in these cases that are highly important to the involved children? We examine all judgments on adoptions from care made in Norway in a six-year period (2011-2016) involving children aged 4-17 years old, a total of 169 judgments. These cases are decided after a two- to three-day hearing in the court-like County Board. The results of our analysis are discouraging because many children are absent in the decision-maker’s justification and conclusion about adoption. Young children do not have their capacity assessed, and older children’s capacity undergoes a shallow assessment at best, and typically only their opinion is mentioned. Age is commonly used as a proxy for competency and maturity, and the role children’s opinion plays in the cases as well as in the decision-making is unclear overall. Possible explanations for this situation may be lack of guidelines for how to give children agency, that decision-makers do not have sufficient competency in assessing children’s capabilities, and/or that decision-makers are not aware of their obligations or are not willing to give children agency.

‘Adoption is Kinda Hard and Kinda Cool’: Residential care children's views on adoption and preparation for adoption

“…However, the lack of guidelines for recognizing children's agency in cases of adoption is one barrier to their participation in these discussions (McEwan‐Strand & Skivenes, 2020). Also, adoption is considered a sensitive topic, and discussing it can be difficult for children due to stigma, discrimination and emotional complexities (Baden, 2016; Garber & Grotevant, 2015).…”

“…Research on preparation activities in adoption has largely focused on the adult perspective, with little attention given to the views of potentially adoptive children (Egbert & Lamont, 2004; Hanna, 2007; Henry, 2005; Rushton, 2004). This lack of consideration for a child's voice in adoption procedures perpetuates the power imbalance between adults and children, which potentially leads to decisions that are not always in the child's best interest and may have long‐term consequences (Ackermann & Robin, 2016; Atwool, 2006; McEwan‐Strand & Skivenes, 2020). Given that children's perceptions and experiences are unique, it is imperative to directly elicit their views and concerns rather than relying solely on proxy informants (Kortesluoma et al, 2003).…”

Determination of Adoption of Children in Judicial Settings in Religious Courts and District Courts Batusangkar

“…Adoption is a legal institution that causes a person to switch relationships with other heavens so that a relationship arises that is equal or as happy as the relationship between the legal child and his parents (Stone, 2019). The issue of child adoption is very vulnerable to the implementation of child protection, so it needs to be closely monitored by the government to avoid exploitation of the child by the adoptive parents and the main goal is the protection and welfare of the child (McEwan-Strand & Skivenes, 2020). For that, it is necessary the existence of certain criteria in the implementation of the adoption of the child (Squicciarini, 2020).…”