A phenomenological exploration of adoptive parents' motivation for and experience of transracial adoption in South Africa
- Authors: Attwell, Terry-Anne
- Date: 2004
- Subjects: Interracial adoption -- South Africa , Race awareness in children -- South Africa , Prejudices in children -- South Africa , Adoption -- Law and legislation -- South Africa , Children's rights -- South Africa , South Africa -- Race relations
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2927 , http://hdl.handle.net/10962/d1002436 , Interracial adoption -- South Africa , Race awareness in children -- South Africa , Prejudices in children -- South Africa , Adoption -- Law and legislation -- South Africa , Children's rights -- South Africa , South Africa -- Race relations
- Description: Prior to the democratic elections of 1994, South Africa was daunted by legislation flooded with racial segregation. Adoption across racial lines is, because of South Africa’s racially segregated past, a relatively recent phenomenon in this country. The number of legal adoptions has increased dramatically, especially after its legalization in 1991. Parents may adopt across racial lines for an array of different reasons, from not being able to conceive a baby, to wanting to give a child the best opportunity in life. This study explored the experiences of white parents who have adopted black children, paying particular attention to how they deal with issues of “racial” identity. In-depth interviews were used to generate qualitative data pertaining to the parental perceptions of their motivation for, and experiences of adopting a child transracially in South Africa. The study aimed to explore their motivation for adopting and experiences, as well as issues relating to “racial” identity. Recommendations have been made to assist parents who are interested in adopting transracially. The report presents findings relating to the unique characteristics of the participants who have adopted transracially. These include adopters’ motivation and thought processes before taking the relevant steps to adopt transracially; the support that they have received from others in their decision to adopt transracially; communication patterns; their relevant concerns regarding the future of their adopted child; and issues pertaining to race, culture, heritage, prejudices and stereotypes. The findings suggest that parents were pragmatic, without regrets, in their views about adopting across racial lines. The parents’ motivations for adopting across racial lines were very similar to various perspectives, but were all due to the fact that they were unable to have biological children. Parents were aware of the child’s identity and cultural issues, which may be more perceptible in the future. Their perceptions, views and opinions, and the future concerns of their children were not unrealistic. Due to the children’s young age a follow-up study of these children should be considered.
- Full Text:
- Authors: Attwell, Terry-Anne
- Date: 2004
- Subjects: Interracial adoption -- South Africa , Race awareness in children -- South Africa , Prejudices in children -- South Africa , Adoption -- Law and legislation -- South Africa , Children's rights -- South Africa , South Africa -- Race relations
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2927 , http://hdl.handle.net/10962/d1002436 , Interracial adoption -- South Africa , Race awareness in children -- South Africa , Prejudices in children -- South Africa , Adoption -- Law and legislation -- South Africa , Children's rights -- South Africa , South Africa -- Race relations
- Description: Prior to the democratic elections of 1994, South Africa was daunted by legislation flooded with racial segregation. Adoption across racial lines is, because of South Africa’s racially segregated past, a relatively recent phenomenon in this country. The number of legal adoptions has increased dramatically, especially after its legalization in 1991. Parents may adopt across racial lines for an array of different reasons, from not being able to conceive a baby, to wanting to give a child the best opportunity in life. This study explored the experiences of white parents who have adopted black children, paying particular attention to how they deal with issues of “racial” identity. In-depth interviews were used to generate qualitative data pertaining to the parental perceptions of their motivation for, and experiences of adopting a child transracially in South Africa. The study aimed to explore their motivation for adopting and experiences, as well as issues relating to “racial” identity. Recommendations have been made to assist parents who are interested in adopting transracially. The report presents findings relating to the unique characteristics of the participants who have adopted transracially. These include adopters’ motivation and thought processes before taking the relevant steps to adopt transracially; the support that they have received from others in their decision to adopt transracially; communication patterns; their relevant concerns regarding the future of their adopted child; and issues pertaining to race, culture, heritage, prejudices and stereotypes. The findings suggest that parents were pragmatic, without regrets, in their views about adopting across racial lines. The parents’ motivations for adopting across racial lines were very similar to various perspectives, but were all due to the fact that they were unable to have biological children. Parents were aware of the child’s identity and cultural issues, which may be more perceptible in the future. Their perceptions, views and opinions, and the future concerns of their children were not unrealistic. Due to the children’s young age a follow-up study of these children should be considered.
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The legal position of unmarried fathers in the adoption process after Fraser v Children's Court, Pretoria North, and others 1997 (2) SA 261 (CC) : towards a constitutionally-sound adoption statute
- Schäfer, Lawrence Ivan, 1972-
- Authors: Schäfer, Lawrence Ivan, 1972-
- Date: 1999
- Subjects: Unmarried fathers -- Legal status, laws, etc. -- South Africa , Unmarried fathers -- Legal status, laws, etc. -- Case studies , Children's rights -- South Africa , Adoption -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3694 , http://hdl.handle.net/10962/d1003209 , Unmarried fathers -- Legal status, laws, etc. -- South Africa , Unmarried fathers -- Legal status, laws, etc. -- Case studies , Children's rights -- South Africa , Adoption -- Law and legislation -- South Africa
- Description: The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.
- Full Text:
- Authors: Schäfer, Lawrence Ivan, 1972-
- Date: 1999
- Subjects: Unmarried fathers -- Legal status, laws, etc. -- South Africa , Unmarried fathers -- Legal status, laws, etc. -- Case studies , Children's rights -- South Africa , Adoption -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3694 , http://hdl.handle.net/10962/d1003209 , Unmarried fathers -- Legal status, laws, etc. -- South Africa , Unmarried fathers -- Legal status, laws, etc. -- Case studies , Children's rights -- South Africa , Adoption -- Law and legislation -- South Africa
- Description: The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.
- Full Text:
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