ABSTRACT
This chapter shows the interaction between human rights and adoption in contemporary law. It considers the nature, role and effect of the human rights engaged in adoption. The chapter identifies the points at which the human rights of the parties intersect with the main legal functions that constitute a typical adoption process in contemporary modern western jurisdictions. It examines functional analysis of the bearing of human rights on adoption–the rights engaged or not and their effectiveness or otherwise–provides a schematic for assessing the relationship between these two bodies of law in each of the six jurisdictions. Recognising that the existence and operational efficiency of an independent regulatory body, together with proceedings that provide access and appropriate representation for the parties involved, are essential for safeguarding human rights, the chapter begins by examining their roles in relation to adoption. It applies a human rights perspective to adoption by considering in turn: the regulatory framework and the roles of determining bodies.
