Politics and a Regulatory Regime for Adoption

Abstract

This chapter begins with a comparative analysis of the functions, constituent elements and output of the regulatory regimes, undertaken in the light of findings identified in the jurisdiction specific chapters. Attention is then given to the existence or otherwise of a public service dimension to those regimes including their respective investments in post-adoption services and in procedures allowing the parties concerned to access identifying information. The final section reflects on the regulatory implications for adoption that arise from its context – within the wider parameters set by equality and human rights legislation and family law. As national compliance with international standards is becoming an unavoidable aspect to the functioning of any regulatory regime, it is necessary to focus on the relative extent to which the countries studied give effect to the requirements of human rights and equality legislation when regulating adoption matters. The chapter then closes with a brief overview of the role played by key principles in adoption law: their congruency with family law principles; and considers the political significance of resulting jurisdictional differences.