Family law: children Books

Book SynopsisTable of Contents: Introduction Alternative Billing for Attorney Representation Technology to Effectively Expedite Public Resources for Use in Child Custody Litigation Discovery and How to Effectively Get Your Needed Evidence Dealing with the Unrepresented Opposing Party Explore and Develop Options for Finding Low-Cost (Necessary) Professionals Techniques to Settle at Mediation Depose or Not to Depose The Cost-Effective Trial Litigating Child Custody in a Pandemic Final Points

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Book SynopsisTogether Unbroken focuses on the histories, laws, policies, practices, and judicial cases that influence child welfare interventions and impact families. In questioning the traditional orientation and function of child welfare that is fraught with oppression and family separation, the book promotes a new framework for meeting the needs of children and their families and calls for systemic transformation that enables the ultimate reflection of safety, stability and well-being—the ability to heal. The survivors and advocates who courageously shared their stories show the human face of these often-abstracted issues.

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Book SynopsisFamily lawyers are dealing with a burgeoning number of cases involving special needs children. These families have much higher divorce rates and their cases often involve more specialized handling. To meet these demands, this book takes a practical look at what special needs are, how they are relevant in the arena of divorce, and what lawyers can do to make the system work better for these children and their families.Special needs are often determined following the categories that the public education system considers eligible for special education services, including autism, physical limitation and health impairment, emotional disturbance, learning disability, and developmental delay, among many others. The author begins by discussing what special needs are in terms of legislation and how such cases are evaluated and then handled in the court. Issues addressed include the initial interview, drafting divorce petitions and motions, and legislation and case law.The Special Needs Child and Divorce, Second Edition examines how child support guidelines and standard visitation schedules often don't meet the needs of special needs children, and Chapter 6 provides a model child support chart, parenting plan, and modification for these cases. Subsequent chapters address other aspects raised by handling a case with a special needs child, including maintenance and property division, the roles of the parties in the divorce process, guardianships, special needs trusts, and other estate planning issues.Drawn from her years of experience in handling divorce and family court cases involving special needs children, the author provides numerous practice tips throughout the book. In addition, she includes valuable sample language and forms throughout the text that illustrate how modifications are needed to adequately address issues raised by a special needs child. Other chapters offer sample forms and documents that have been developed or adapted for use in divorce cases involving children with special needs and checklists to help guide you through the key elements of handling the case.Table of ContentsContentsAuthor’s Note ixAbout the Author xiAcknowledgments xiiiIntroduction xvCHAPTER 1What Are Special Needs? 1I. Legislation Regarding Disabilities 2II. Evaluating Special Needs in Family Court Cases 3III. Case Management for the Courts 6A. What Types of Special Needs Can a Child Have? 7B. How Can the Lawyer or Judge Know When a ParticularCase Should Be Considered a Special Needs Case? 10CHAPTER 2How to Recognize and Handle Issues of Special Needsin Family Law Cases 11I. The Initial Client Interview 12II. Drafting Divorce Petitions and Answers 17III. Additional Litigation Stages 35A. Interrogatories—Standard Question for Form Interrogatories 35B. Discovery in General 36C. Maintenance/Alimony Calculations 52D. Parenting Plan 53IV. Posttrial Motions 80V. Undiagnosed Special Needs 84A. Indicators That an Evaluation May Be Necessary 851. Autism 852. Hearing Deficits 863. Visual Deficits 864. Mental Retardation 875. Learning Disabilities 876. Attention-Deficit/Hyperactivity Disorder 897. Emotional Disturbances 908. Orthopedic Impairments 929. Multiple Disabilities 9210. Traumatic Brain Injury 9211. Other Health Impairments 93VI. Recognizing and Applying Special Needs to Divorce Cases 93CHAPTER 3How Special Needs Can Affect a Child in a Divorce Case 95I. Treating Children with Special Needs during Divorce 96A. During the Divorce 97B. After the Divorce 97II. Impact of Divorce on Special Needs Children, by Categoryof Special Need 98A. Autism, Developmental Delays 98B. Hearing Impairment, Visual Impairment, and Speechor Language Impairment 98C. Emotional Disturbance 99D. Mental Retardation, Traumatic Brain Injury 99E. Orthopedic Impairments, Other Health Impairments 99CHAPTER 4Why Child Support Guidelines and Standard Visitation SchedulesDo Not Meet the Needs of Special Needs Children 101I. Child Support Charts 101A. Short-Term Needs 1011. Preexisting Expenses 1012. Therapy 1023. Equipment 1034. Medication 1035. Supplements 1036. Dietary Costs 1037. Sensory Items (Therapy, Different Clothing/Other Items,Take-Along Items) 1048. Respite Care 1059. Professionals 10610. Modifications to the Home Environment 10611. Changes in the Child’s Needs 10612. Costs Caused by the Divorce 107B. Long-Term Needs 107II. Visitation Schedules 108A. Noncustodial Parent 1081. Child’s Schedule 109B. Environmental Modifications 111CHAPTER 5Legislation, Case Law, and Parenting Plans 113I. Legislation 113A. Federal Law 1141. Health Care Issues 1142. Educational Issues 115B. State Law 116II. Case Law 119A. Standard Child Support Chart 123B. Standard Parenting Plan 126CHAPTER 6Model Child Support Chart, Parenting Plan, and Modification 151CHAPTER 7Maintenance and Property Distribution in Special Needs Cases 165I. Maintenance 165II. Property Distribution 167III. Retirement Accounts 167IV. Career Advancement 168CHAPTER 8Roles of the Parties 169I. Rights of the Parties 169A. Special Needs Child 169B. Custodial Parent (Primary Caregiver Parent) 169C. Noncustodial Parent (Non–primary Caregiver Parent) 169D. Lawyers 170E. Judge 170F. Guardian ad Litem/Special Needs Coordinator 171G. Other Professionals 171II. Responsibilities of the Parties 171A. Special Needs Child 171B. Parents 171C. Lawyers 171D. Judge 172E. Other Professionals 172III. Participation 173CHAPTER 9Special Considerations in Special Needs Family Law Cases 175I. Individualized Education Plans (IEPs) and 504 Plans 175II. Behavior—School and Criminal Justice System 177III. Religion 178IV. Parents with Special Needs 179V. Planning for a Crisis 180VI. Using Technology to Facilitate Co-Parenting 182CHAPTER 10Estate Planning for Families with Special Needs 183I. Special Needs Trusts 184II. Guardianships 185III. Conservatorships 185IV. Additional Estate Planning Options for Families with Special Needs 186CHAPTER 11Forms and Samples 187CHAPTER 12Resources 245I. Center for Parent Information and Resources 245II. State Councils on Developmental Disabilities 246III. State Departments of Education 251CHAPTER 13Bibliography 257CHAPTER 14Checklists 2751. Initial Interview—What to Ask the Client 2752. Client File Contents—Items the Lawyer Should Have in Her ClientFile When Handling a Special Needs Divorce Case 2783. Drafting the Petition—Special Subject Areas for the Petition 2794. Statement of Income and Expenses—What Should Be Includedin the Statement of Income and Expenses 2795. Answer and Cross-Petition—How to Prepare the Answerand Cross-Petition 2796. Discovery—Subjects to Explore through the Discovery Process 2807. Temporary Orders—Do You Need to File a PDL Motion(Interim Order)? 2848. Child Support—Special Considerations Regarding Child Support 2859. Custody—Special Considerations Regarding Custody 28510. Visitation—Special Considerations Regarding Visitation 28611. Support Systems for the Special Needs Child—Help for the SpecialNeeds Child during and after Divorce 28612. Property Distribution—Special Considerations Regarding PropertyDistribution, Including Retirement Accounts 28713. Counseling—Special Issues for Counseling 287Parents 287Special Needs Children 288Siblings of Special Needs Children 288Glossary 289Index 297

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Book SynopsisThe Children Law Handbook is an indispensable resource for practitioners dealing with the complexities of private children law disputes and permanency planning, whether by way of adoption, fostering and special guardianship.

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Book SynopsisThis research review provides a comprehensive overview of children's human rights. Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, it explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children's socio-economic rights, including their rights to education. This topical research review is an invaluable resource for scholars, students, and activists.Trade Review‘Human Rights and Children provides a needed overview of important and controversial issues related to children’s rights. The editor, Professor Barbara Stark, has used her international law expertise to put together a very helpful collection of articles on topics that include the Convention on Rights of the Child, child poverty, education, punishment and other pressing issues that confront nations today.’Table of ContentsContents: Introduction Barbara Stark PART I THE CONVENTION ON THE RIGHTS OF THE CHILD AND OTHER LEGAL FRAMEWORKS A. Theory 1. David M. Smolin (2006), ‘Overcoming Religious Objections to the Convention on the Rights of the Child’, Emory International Law Review, 20, Spring, 81–110 2. Martin Guggenheim (2006), ‘Ratify the U.N. Convention on the Rights of the Child, But Don’t Expect any Miracles’, Emory International Law Review, 20, Spring, 43–68 3. Philip Alston, John Tobin and Mac Darrow (2005), ‘Putting Children’s Rights into Perspective’ and ‘Laying the Legal and Institutional Foundations at the Regional and National Levels’ in Laying the Foundations for Children's Rights: An Independent Study of Some Key Legal and Institutional Aspects of the Impact of the Convention on the Rights of the Child’, Florence, Italy: UNICEF, 1–8, 9–32 4. Kamran Hashemi (2007), ‘Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation’ Human Rights Quarterly, 29 (1), February, 194–227 B. Doctrine 5. Cynthia Price Cohen (2006), ‘The Role of the United States in the Drafting of The Convention on the Rights of the Child’, Emory International Law Review, 20, Spring, 185–98 6. Michael J. Dennis (2000), ‘Newly Adopted Protocols to the Convention on the Rights of the Child’, American Journal of International Law, 94 (4) October, 789–96 C. Implementation 7. Stuart N. Hart and Laura Thetaz-Bergman (1996), ‘The Role of Nongovernmental Organizations in Implementing the Convention on the Rights of the Child’, Transnational Law and Contemporary Problems, 6 (2), Fall, 373–92 8. Marilia Sardenberg (1996), ‘Committee on the Rights of the Child: Basic Processes’, Transnational Law and Contemporary Problems, 6 (2), Fall, 263–86 9. Barbara Bennett Woodhouse (1999), ‘The Constitutionalization of Children’s Rights: Incorporating Emerging Human Rights into Constitutional Doctrine’, Journal of Constitutional Law, 2 (1), December, 1–52 10. Martha F. Davis and Roslyn Powell (2003), ‘The International Convention on the Rights of the Child: A Catalyst for Innovative Child Care Policies’, Human Rights Quarterly, 25 (3), August, 689-719 11. William A. Schabas (1996), ‘Reservations to the Convention on the Rights of the Child’, Human Rights Quarterly, 18 (2), May, 472–91 12. Sonia Harris-Short (2003), ‘International Human Rights Law: Imperialist, Inept and Ineffective? Cultural Relativism and the UN Convention on the Rights of the Child’, Human Rights Quarterly, 25 (1), February, 130–81 PART II CHILDREN’S SOCIO-ECONOMIC RIGHTS A. Child Poverty and Other Socio-economic Problems in General 13. Wouter Vandenhole (2014), ‘Child Poverty and Children’s Rights: An Uneasy Fit?’, Michigan State International Law Review, 22 (2), 609–36 14. R. Brian Howe and Katherine Covell (2003), ‘Child Poverty in Canada and the Rights of the Child’, Human Rights Quarterly, 25, (4), November, 1067–87 15. Maria Bouverne-De Bie, Geert Cappelaere and Eugeen Verhellen (2006), ‘Recurrent Variations on a “Youthful” Theme: Care and Social Control in the Approach of Young People’, Paedagogica Historica: International Journal of the History of Education, 26 (2), 247–65 B. Children’s Right to Education 16. Eugeen Verhellen (1999), ‘Facilitating Children’s Rights in Education: Expectations and Demands on Teachers and Parents’, Prospects, XXIX (2), June, 223–31 17. Eugeen Verhellen (1993), ‘Children’s Rights and Education: A Three-track Legally Binding Imperative’, School Psychology International, 14, 199–208 18. Barbara Bennett Woodhouse (2002), ‘Speaking Truth to Power: Challenging the Power of Parents to Control the Education of their Own’, Cornell Journal of Law and Public Policy, 11 (3), Summer, 481–501 PART III APPROACHES TO CHILD LABOR 19. Michael J. Dennis (1999) ‘The ILO Convention on the Worst Forms of Child Labor’, American Journal of International Law, 93 (4), October, 943–8 20. Janelle M. Diller and David A. Levy (1997) ‘Child Labor, Trade and Investment: Toward the Harmonization of International Law’, American Journal of International Law, 91 (4), October, 663–96 21. Tendai Charity Nhenga-Chakarisa (2010), ‘Who Does the Law Seek to Protect and From What? The Application of International Law on Child Labour in an African Context’, African Human Rights Law Journal, 10, 161–96 PART IV ARMED CONFLICT AND CHILD SOILDERS 22. Jo Becker (2014), ‘From Opponent to Ally: The United States and Efforts to End the Use of Child Soldiers’, Michigan State International Law Review, 22 (2), 595–608 23. Diane Marie Amann (2013), ‘A Review of Reimagining Child Soldiers in International Law and Policy in Mark A. Drumbl, Oxford University Press’, American Journal of International Law, 107 (3), July, 724–7 24. Nienke Grossman (2007), ‘Rehabilitation or Revenge: Prosecuting Child Soldiers for Human Rights Violations,’ Georgetown Journal of International Law, 38, Winter, 323–61 25. Claire Breen (2003), ‘The Role of NGOs in the Formulation of and Compliance with the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict’, Human Rights Quarterly, 25 (2), May, 453–81 26. Janet McKnight (2010), ‘Child Soldiers in Africa: A Global Approach to Human Rights Protection, Enforcement and Post-Conflict Reintegration’, African Journal of International and Comparative Law, 18 (2), 113–42 PART V THE SEXUAL EXPLOITATION OF CHILDREN 27. Jonathan Todres (2014), ‘A Child Rights Framework for Addressing Trafficking of Children’, Michigan State International Law Review, 22 (2), 557–93 28. Sara A. Dillon (2008), ‘What Human Rights Law Obscures: Global Sex Trafficking and the Demand for Children’, UCLA Women’s Law Journal, 17, 121–86 PART VI PUNISHING CHILDREN A. Corporal Punishment 29. Alison Dundes Renteln (2010), ‘Corporal Punishment and the Cultural Defense’, Law and Contemporary Problems, 73, Spring, 253–79 30. Murray A. Straus (2010), ‘Prevalence, Societal Causes, and Trends in Corporal Punishment by Parents in World Perspective’, Law and Contemporary Problems, 73, Spring, 1–30 31. Paulo Sérgio Pinheiro (2006), ‘An End to Violence Against Children’ in World Report on Violence Against Children, Chapter 1, Geneva, Switzerland: United Nations Secretary-General's Study on Violence against Children, 3–27 B. Criminal Justice 32. Mark A. Drumbl (2013), ‘Child Pirates: Rehabilitation, Reintegration, and Accountability’ Case Western Reserve Journal of International Law, 46 (1 and 2), Fall, 235–8 33. Geraldine Van Bueren (1999), ‘A Curious Case of Isolationism: America and International Child Criminal Justice’, Quinnipiac Law Review, 18, 451–68

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Book SynopsisSince the UK Gambling Act of 2005 was introduced, gambling has stopped being seen, politically and legally as an inherent vice and is now viewed as a legitimate form of entertainment. Gambling Regulation and Vulnerability explores the laws around gambling that aim to protect society and individuals, examining the differences between regulatory rhetoric and the impact of legislative and regulatory measures. Malgorzata Carran finds that although the Gambling Act introduced many positive changes to gambling regulation, it has created an environment in which protection of vulnerable individuals becomes difficult. Carran challenges the existing legislative premise that regulation alone is able to balance the effect of liberalisation for those who are vulnerable.Uniquely, this book?s findings are underpinned by empirical data from focus groups carried out with children and young people in secondary schools. The young people interviewed have experienced the transition from a contained, to liberalised gambling industry and unless there is a reversal in policy, no comparable empirical data is ever likely to be collected.This title will appeal to academics exploring regulation, sociology, and law and society. Similarly, regulators and those working with the gambling industry will find this an insightful and illuminating text.Table of ContentsContents Introduction 1. The concept of vulnerability and gambling-related harm 2. Regulatory responses 3. Gambling meaning and categorisations: Are English definitions sufficiently inclusive for the protection of minors? 4. Prevention of underage gambling 5. Minors and gambling advertising 6. Minors and social gaming Epilogue Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction offers a succinct yet comprehensive introduction to the multidisciplinary field of children’s rights. Inspired by the dilemma of difference in the discussion of children’s rights, chapters explore the equal rights that children share with adults as well as their differentiated and special rights.Key Features: Accessible, conceptually-grounded exploration of the contemporary children's rights debates Inclusive and multifaceted overview of children’s rights within the human rights paradigm Forward looking perspectives and discussion of the future of children’s rights Approaching the topic of children’s rights firmly within the human rights paradigm, this Advanced Introduction will be a valuable companion for students and academics interested in children's rights, human rights and international law. Legal scholars and policy-makers looking to gain insight into key areas in children's rights will also find this book an interesting read.Trade Review‘This book provides a short yet comprehensive introduction to the field of children’s rights. Blending a legal approach with contextual and theoretical contributions from other disciplines—including sociological and anthropological sciences—it delivers an analysis that is both unique and easily relatable. This book successfully provides an insightful overview of the different rights held by children, while integrating multidisciplinary and critical insights into its examination. It thus makes an excellent entry point for readers wishing to familiarize themselves with this topic and/or to deepen their knowledge of the field of children’s rights.’ -- Lucie Margot Ducarre, International Journal of Law, Policy and the Family‘This Advanced Introduction to Children's Rights is thoroughly based on international human rights law, but it also offers a comprehensive view of the distinct approach of the Convention on the Rights of the Child. As such, it carefully delineates the equal, differentiated and special rights enumerated in the Convention. It will be an invaluable resource for general and specialised readers.’ -- Dinah Shelton, The George Washington University Law School, US‘This comprehensive and compelling overview of the nature and scope of States’ legal obligations towards children could not be more timely. Children continue to bear the brunt of some of the most devastating, sustained infringements of their rights as States grapple with the economic and political fallout of war, the climate crisis, mass displacement and a global pandemic. This book offers a crucial guide to the history and evolution of children’s rights law, and helps us navigate fundamental questions such as: how children and childhood are and should be defined; who bears ultimate responsibility for delivering on their rights; and the extent to which children’s rights should be prioritised over the rights of adults.’ -- Helen Stalford, University of Liverpool, UK‘Based on their extensive earlier work on children’s rights, Vandenhole and Erdem Türkelli provide a quick, yet authoritative and comprehensive, introduction to children’s rights. Their typology of children’s rights respectively as equal rights shared with adults, differentiated (and often enhanced) rights, and special (often protection) rights, works well for any reader and provides useful new insights.’ -- Karin Arts, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Introduction to children’s rights 2. Origins and development of children’s rights law 3. Children’s rights law and non-legal approaches to children’s rights 4. Equal rights of children 5. Differentiated rights of children 6. Special rights of children 7. Future directions Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction offers a succinct yet comprehensive introduction to the multidisciplinary field of children’s rights. Inspired by the dilemma of difference in the discussion of children’s rights, chapters explore the equal rights that children share with adults as well as their differentiated and special rights.Key Features: Accessible, conceptually-grounded exploration of the contemporary children's rights debates Inclusive and multifaceted overview of children’s rights within the human rights paradigm Forward looking perspectives and discussion of the future of children’s rights Approaching the topic of children’s rights firmly within the human rights paradigm, this Advanced Introduction will be a valuable companion for students and academics interested in children's rights, human rights and international law. Legal scholars and policy-makers looking to gain insight into key areas in children's rights will also find this book an interesting read.Trade Review‘This book provides a short yet comprehensive introduction to the field of children’s rights. Blending a legal approach with contextual and theoretical contributions from other disciplines—including sociological and anthropological sciences—it delivers an analysis that is both unique and easily relatable. This book successfully provides an insightful overview of the different rights held by children, while integrating multidisciplinary and critical insights into its examination. It thus makes an excellent entry point for readers wishing to familiarize themselves with this topic and/or to deepen their knowledge of the field of children’s rights.’ -- Lucie Margot Ducarre, International Journal of Law, Policy and the Family‘This Advanced Introduction to Children's Rights is thoroughly based on international human rights law, but it also offers a comprehensive view of the distinct approach of the Convention on the Rights of the Child. As such, it carefully delineates the equal, differentiated and special rights enumerated in the Convention. It will be an invaluable resource for general and specialised readers.’ -- Dinah Shelton, The George Washington University Law School, US‘This comprehensive and compelling overview of the nature and scope of States’ legal obligations towards children could not be more timely. Children continue to bear the brunt of some of the most devastating, sustained infringements of their rights as States grapple with the economic and political fallout of war, the climate crisis, mass displacement and a global pandemic. This book offers a crucial guide to the history and evolution of children’s rights law, and helps us navigate fundamental questions such as: how children and childhood are and should be defined; who bears ultimate responsibility for delivering on their rights; and the extent to which children’s rights should be prioritised over the rights of adults.’ -- Helen Stalford, University of Liverpool, UK‘Based on their extensive earlier work on children’s rights, Vandenhole and Erdem Türkelli provide a quick, yet authoritative and comprehensive, introduction to children’s rights. Their typology of children’s rights respectively as equal rights shared with adults, differentiated (and often enhanced) rights, and special (often protection) rights, works well for any reader and provides useful new insights.’ -- Karin Arts, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Introduction to children’s rights 2. Origins and development of children’s rights law 3. Children’s rights law and non-legal approaches to children’s rights 4. Equal rights of children 5. Differentiated rights of children 6. Special rights of children 7. Future directions Bibliography Index

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Book SynopsisWith a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.Discussing the repercussions of abduction from the perspectives of both abducted children and the therapeutic and family justice professionals engaged in their cases, chapters consider the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal/judicial practice and various regional initiatives, it also considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention’s strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing how best to tackle the challenges in its future operation.Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of value to legal practitioners working in family law alongside NGOs and central authorities active in the field.Trade Review‘This Research Handbook provides a broad and timely overview of international child abduction law in both Convention and non-Convention countries, authored by an all-star cast of experts drawn from practice and academia. In addition to serving as a useful and important reference, this Handbook will help to shape the agenda for new work ahead.’ -- Ann Laquer Estin, University of Iowa, US‘This outstanding book is a timely collection of twenty-two chapters that represent the current thinking of global specialists on international child abduction and the 1980 Hague Convention. With personal insights and experiences with international child abduction, this commendable Research Handbook offers diverse perspectives in addressing the core question of how to respect and fulfil children’s rights to protection and participation in high conflict cross-border family matters. It is a must-read for all professionals interested in state-of-the-art insights into international child abductions and ways towards the future-proof operation of the 1980 Hague Convention.’ -- Mariëlle Bruning, Leiden University, the Netherlands‘Marilyn Freeman and Nicola Taylor make an invaluable contribution to the impact of international child abduction and the implementation and operationalization of the 1980 Hague Convention. They have gathered together the top experts in the field in an insightful, useful and comprehensive manner. The publication is thought provoking, practical, as well as academic, and an invaluable tool for the practitioner and experts.’ -- Zenobia Du Toit, Miller du Toit Cloete Inc, South Africa'I fully recommend this book, written by an impressive list of international experts in the theory and practice of every aspect of international child abduction. Professors Freeman and Taylor are pioneers in the field and this Research Handbook is an excellent instrument for the academic reader and the practitioner of law alike.' -- Karolina-Zoi Andriakopoulou, Family Lawyer, GreeceTable of ContentsContents: Foreword xvii Acknowledgements xix Spelling, reference or style conventions xx List of abbreviations xxi PART I INTRODUCTION AND KEY THEMES 1 Introduction and key themes 2 Nicola Taylor and Marilyn Freeman PART II THE IMPACTS OF INTERNATIONAL CHILD ABDUCTION 2 Long-term reflections of a former milk carton kid 19 Sarah Cecilie Finkelstein Waters 3 Ghosts in our genes: Psychological issues in child abduction and high conflict cases 30 Sarah Calvert PART III THE 1980 HAGUE CONVENTION – HISTORY AND LONGITUDINAL TRENDS 4 The global effort to deter parental kidnapping: A history of the Hague Child Abduction Convention 47 Linda Elrod 5 The value and challenges of statistical studies looking at the operation of the 1980 Hague Convention on the Civil Aspects of International Child Abduction 63 Nigel Lowe and Victoria Stephens PART IV THE 1980 HAGUE CONVENTION – IMPLEMENTATION AND OPERATIONALISATION 6 The role of the Permanent Bureau in the operation of the HCCH 1980 Child Abduction Convention 80 Gérardine Goh Escolar 7 Fleeing for safety: Helping battered mothers and their children using Article 13(1)(b) 97 Jeffrey Edleson, Sudha Shetty and Mary Fata 8 Child participation and the child objection exception 116 Rhona Schuz 9 Judicial activism: A 20-year evolution 132 Sir Mathew Thorpe PART V INTERNATIONAL CHILD ABDUCTION IN SELECTED GEOGRAPHICAL REGIONS 10 The European Court of Human Rights 150 Thalia Kruger and Sara Lembrechts 11 The Court of Justice of the European Union and international abduction of children 164 Costanza Honorati 12 International child abduction in Aotearoa New Zealand, Australia and the Pacific: Similarities and differences 180 Mark Henaghan, Christian Poland and Clement Kong 13 The 1980 Convention comes of age in the United States 192 Stephen Cullen and Kelly Powers 14 International child abduction in Asia 201 Yuko Nishitani 15 International child abduction in Africa 219 Julia Sloth-Nielsen 16 The Caribbean and international child abduction – this is my child: catch me if you can! 233 Diahann Gordon Harrison PART VI NON-HAGUE CONVENTION COUNTRIES 17 International child abduction and non-Hague Convention countries 245 Jeremy Morley 18 International child abduction in India 265 Anil Malhotra and Ranjit Malhotra PART VII KEY PERSPECTIVES ON INTERNATIONAL CHILD ABDUCTION AND HAGUE CONVENTION PROCEEDINGS 19 The CRC perspective in the context of international child abduction and the 1980 Hague Convention 280 Ann Skelton 20 The continuing challenge of the 1980 Hague Convention – a judicial perspective 299 The Honourable Mr Justice Alistair MacDonald 21 Legal perspective: Remedying international child abduction – the impact of international developments upon the English legal approach 314 Henry Setright KC and Michael Gration KC 22 International child abduction from the perspective of a Central Authority under the 1980 Hague Convention 332 Joëlle Schickel-Küng and Anna Claudia Alfieri 23 NGO/support services perspective: The importance of an independent specialist centre on international family conflicts 346 Suzanne Labadie 24 Cross-border family mediation in parental child abduction cases 368 Ischtar Khalaf-Newsome PART VIII REFLECTIONS AND FUTURE DIRECTIONS 25 Whither the 1980 Hague Abduction Convention? 388 Nigel Lowe KC (Hon) 26 Nurturing the 1980 Hague Abduction Convention 404 Marilyn Freeman and Nicola Taylor 430 Index

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Book SynopsisBringing together scholars from a wide range of disciplines, this fascinating and timely Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s). This Research Handbook documents the history of adoption legislation and offers comparative perspectives on the implementation of full adoption in England and Wales, in contrast to the use of simple adoption in other European countries. Chapters examine the challenges facing adoption law; from adoption without parental consent and anonymous birth, to transracial and intercountry adoption, as well as discussing the human rights of the child during and after the adoption process. Providing an abundance of global research on all aspects of the topic of adoption, Nigel Lowe and Claire Fenton-Glynn offer a comprehensive guide to the past, present, and future of adoption law. The Research Handbook of Adoption Law will be an indispensable resource for students and researchers of family law and social work, as well as human rights lawyers, legal practitioners in the field of adoption, and social workers worldwide.Trade Review‘The Research Handbook on Adoption Law sheds light on adoption from many different relevant angles, highlighting both positive and negative aspects of the adoption institution and providing relevant knowledge for students, researchers, and practitioners working with adoption, regardless of their profession. The authors present interesting critical reflections on both national and intercountry adoption – and perhaps most importantly – contributions to the discussion about the future of adoption." -- Anne Mørk, International Journal of Law, Policy and the FamilyTable of ContentsContents: PART I INTRODUCTION 1 Introduction: an overview of adoption 2 Nigel Lowe and Claire Fenton-Glynn 2 Adoption in England and Wales: a brief history 14 Jenny Keating 3 Understanding adoption: the rights approach 38 John Tobin 4 The economics of adoption 59 Margaret Brehm PART II THE DIFFERENT FACES OF ADOPTION 5 Adoption without parental consent 80 Julie Doughty 6 Simple adoption 99 Machteld Vonk and Ian Sumner 7 Thinking about secret birth 117 Sarah Trotter 8 Adoption for step-families from 1926 to 2021 136 Judith Masson 9 A content analysis of transracial adoption in American newspapers during 2020–21 155 Elizabeth Raleigh PART III THE ADOPTION PROCESS 10 Fathers and the adoption process 175 Claire Fenton-Glynn and Brian Sloan 11 Gauging the child’s presence and voice in adoption proceedings of children from care in seven European countries: applying a child equality perspective 191 Hege Stein Helland, Katrin Križ and Marit Skivenes 12 Compulsory adoption: an advocate’s perspective 213 Andrew Bainham PART IV POST ADOPTION 13 Outcomes for children adopted from care in the UK 229 Julie Selwyn 14 Post-adoption contact 249 Mandi MacDonald 15 Understanding adoption breakdown: a socio-legal perspective 270 June Thoburn PART V COMPARATIVE PERSPECTIVES ON ADOPTION 16 Adoption in Africa 287 Julia Sloth-Nielsen 17 Adoption in ‘new family forms’: emerging case law from the European Court of Human Rights 307 Lydia Bracken PART VI INTERCOUNTRY ADOPTION 18 The rise and fall of intercountry adoption 1995–2019 322 Peter Selman 19 The practical operation and impact of the 1993 Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption 347 Laura Martínez-Mora 20 Defending intercountry adoption: an ethical analysis of the best interests of children and subsidiarity 366 Sarah-Vaughan Brakman 21 The legal mandate for ending the modern era of intercountry adoption 385 David Smolin Index

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Book SynopsisThis comprehensive Commentary presents a contemporary legal perspective on the inherently interdisciplinary field of children's rights. Chapters analyse each article of the Convention on the Rights of the Child, along with its Optional Protocols, providing contextualised information on the interpretation and implementation of the children's rights provisions therein. A detailed introduction examines the history of the Convention and places it within the wider landscape of human rights and other disciplinary approaches such as the sociology of childhood. The Commentary critically engages with the text of the Convention, exploring commonly used concepts and defining pertinent terminology. The authors draw on multiple perspectives and refer to disciplines outside of law to enrich the analysis of the articles, their interpretation and the study of children's rights as a discipline. Featuring examples of case law from regional human rights systems this Commentary provides a well-rounded insight into the status of children's rights on a global scale. Written in an accessible style, this Commentary will be a valuable reference work for students, researchers, practitioners and policymakers alike. The Commentary will be of great interest to those working within children's rights law and human rights law. Researchers in politics, sociology and international studies who are seeking further information and insight on the rights of children will also find this Commentary to be a useful point of reference.Trade Review‘The book offers an extensive analysis of the substantive and procedural provisions of the Convention on the Rights of the Child and its three Optional Protocols. The commentary is a timely contribution to the growing field of children’s rights from a doctrinal legal perspective. It is strongly recommended to those who are willing to learn more about children’s rights law from the international human rights law perspective. It can serve as a practical guide for those who have no or limited specialisation in international children’s rights law. At the same time, it contributes significantly to children’s rights experts, allowing them to access the most recent case law and legal developments.’ -- Betül Durmus, European Yearbook on Human Rights'This book provides an accessible and insightful guide to the Convention on the Rights of the Child and its Optional Protocols. It offers an important introduction to children's rights--examining theoretical debates, implementation challenges, and opportunities for advancing children's rights. It also will serve as a valuable resource for scholars and practitioners, with its in-depth analysis of each article of the CRC and discussion of the Optional Protocols.' --Jonathan Todres, Georgia State University, US'The authors provide a thoroughly researched and very user-friendly guide through the Convention on the Rights of the Child, highlighting the many intersections with other human rights instruments. This volume is destined to become the reference in the field for years to come.' --Olivier De Schutter, former UN Special Rapporteur on the right to food (2008-2014) and Member of the Committee on Economic, Social and Cultural RightsTable of ContentsCONTENTS: Foreword Introduction: Three decades of children’s rights law 1 Article 1: Scope of application 48 Article 2: Non-discrimination 52 Article 3: Best interests of the child 59 Article 4: General obligation 74 Article 5: Appropriate direction and guidance consistent with the child’s evolving capacities 80 Article 6: The right to life, survival and development 88 Article 7: Name and nationality 100 Article 8: Preservation of identity 108 Article 9: Separation from parents 112 Article 10: Family reunification 124 Article 11: Illicit transfer and non-return of children 134 Article 12: The views of the child 143 Article 13: Freedom of expression 160 Article 14: Freedom of thought, conscience and religion 167 Article 15: Freedom of association and peaceful assembly 174 Article 16: The right to privacy 184 Article 17: Access to appropriate information through media 194 Article 18: Common responsibilities of parents for the upbringing and development of the child 203 Article 19: Protection from all forms of violence 209 Article 20: Children deprived of their family environment 222 Article 21: Adoption 228 Article 22: Asylum seeking and refugee children 236 Article 23: Children with disabilities 247 Article 24: Right to health 254 Article 25: Periodic review of placement 274 Article 26: Social security 276 Article 27: Adequate standard of living 281 Article 28: Right to education 288 Article 29: Aims of education 299 Article 30: Rights of children from minorities and indigenous origin 303 Article 31: Rest, leisure and play 312 Article 32: Protection from economic exploitation 320 Article 33: Protection from drugs 327 Article 34: Protection from sexual exploitation and abuse 334 Article 35: Prevention of abduction, sale and trafficking 343 Article 36: Protection against all other forms of exploitation 352 Article 37: Deprivation of liberty, prohibition of torture, degrading and inhuman treatment and of capital punishment and life imprisonment 355 Article 38: Children in armed conflict 369 Article 39: Recovery and reintegration of child victims 376 Article 40: Children’s rights in justice systems 383 Article 41: Respect for higher standards 397 Article 42: Dissemination 399 Article 43: The Committee on the Rights of the Child 404 Article 44: Reporting procedure 409 Article 45: Implementation and international cooperation 413 Articles 46–54: Final clauses: signature, ratification, accession, entry into force, amendments, reservations, denunciations 417 Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) 424 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography 437 Optional Protocol on a Communications Procedure (OPIC) 456 Index 483

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Book SynopsisThis volume of "Studies in Law, Politics, and Society" features a symposium on law and film as well as two articles of general interest. It brings together the work of scholars from several disciplines, work which usefully illuminates central questions in the operation of law and legal systems. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.Table of ContentsWhat screen do you have in mind? Contesting the visual context of law and film studies. Strange encounters: Exploring law and film in the affective register. A witness to justice. Projecting the judge: A case study in the cultural lives of the judiciary. Law, Hollywood and the European experience. The location of resistance: Understanding tactics of resistance in the welfare office. Ethics, aesthetics, and law: The Third Man. List of Contributors. EDITORIAL BOARD. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisA Practical Guide to Fostering Law is an accessible, jargon-free guide to the key elements of the law that concern foster carers and the professionals who work with them.It aims to help foster carers understand where they fit into the complex web of regulations surrounding childcare and to demystify the jargon and terminology which is often used but rarely explained. The book covers the laws in England and Wales governing fostering agencies and foster carers themselves, including foster carers' rights, and the formalities of placement procedures. It also provides explanations of care proceedings, the foster carer as a witness, what happens if a young fostered person gets into trouble, and moving on from foster care. The last section provides a 'who's who' of the main professionals involved and a jargon-busting glossary of the key terms often used. It also includes illustrative case examples and each chapter concludes with suggestions for where to find more information.This guide will be an invaluable resource for current and prospective foster carers and the professionals who work with them, such as support workers, social workers and foster agency staff.Trade ReviewThe key role that foster carers play in shaping children’s lives and futures is now being recognised. However, the demands and expectations placed upon them have increased significantly over recent years, as they work in ever more complex situations. Carers’ need for a good understanding of the legal and policy context has never been greater, and so a book which provides such a clear and comprehensive guide to the law is very timely. I know that many foster carers will welcome this useful tool, and others will enjoy the case studies and the links with daily life in fostering households. -- Andrea Warman, Deputy Chief Executive /Programmes Director, The Who Cares? Trust.A very readable, practical and clear guide to the minefield of regulations relating to fostering which I recommend as reading for all involved in fostering. This book is particularly useful for foster carers who need to understand the complex nature of the law in a straightforward way using case examples. -- Jim Bond, Foster Carer and Chair, The Fostering NetworkAn extremely useful resource for foster parents and those who work with them. All of the foster parents I work with felt that this would be an invaluable resource for them in their work -- Steve Bromage, Team Leader, By the Bridge Independent Fostering AgencyTable of ContentsAcknowledgements. Preface. Introduction. Part 1. Agencies and Carers. 1. Foster Care and Fostering Agencies. 2. Becoming a Foster Carer. 3. Placements. 4. Foster Carers' Rights, Allegations and Ending Fostering. Part 2. Looked After Children. 5. Basics of Child Care Law. 6. Looked After Children. 7. Care Proceedings. 8. The Foster Carer as Witness. 9. Duties Towards Looked After Children. 10. Contact. Part 3. Young People in Trouble – Fostered Children and the Criminal Law. 11. The Criminal System - Some Legal Basics. 12. The Criminal Process. 13. Reprimands, Warnings and Court. 14. Sentencing. 15. Anti-social Behaviour. Part 4. Young Victims and Witnesses. 16. Evidence and Compensation. Part 5. Long-term Plans. 17. Long-term Placements. 18. Moving to Independence. Part 6. Jargon Buster. Where Can I Find Out More? Index.

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Book SynopsisGlobal support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together.Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children.Trade Reviewit provides a current and thought-provoking text which should prove an invaluable resource for all policymakers, social workers and lawyers working to protect vulnerable children. -- Children & Young People NowThis is a book that seeks to promote ideas from other jurisdictions and cultures, and it is an excellent book for the progressive social worker. It would be fascinating to see the same kind of book with the same kind of chapters from non English speaking countries, such as Europe and the Far East. -- The Association of Child Abuse Lawyers' NewsletterTable of ContentsPreface and acknowledgements. Introduction. Rosemary Sheehan, Monash University, Australia, Helen Rhoades, University of Melbourne, Australia and Nicky Stanley, University of Central Lancashire, UK. Part 1. Children and citizenship. 1. Children's rights: the effective implementation of rights and standards. Deena Haydon, Queen's University, Belfast, UK. 2. Child protection in humanitarian emergencies. Patrick O'Leary, University of Bath, UK and Jason Squire, Terres des hommes Foundation. 3. Children in the shadows: Child trafficking in the UK. Christine Beddoe, ECPAT UK. 4. Child combatants, peace processes: Challenges of inclusion and exclusion. Shelly L. Whitman, Dalhousie University, Canada. 5. Unaccompanied children as illegal immigrants in the United States. Gladis E. Molina, Florence Immigrant and Refugee Rights Project (FIRRP), USA. 6. Protecting the rights of children in custody, Una Convery and Linda Moore, University of Ulster, UK. Part 2. Indigenous and non-national children and vulnerability. 7. The victimisation of indigenous children. Suzanne Oliver, Northern Territory Stipendiary Magistrate, Australia. 8. Non-national children and vulnerability: The child protection context. Goos Cardol, Zuyd University of Applied Sciences, The Netherlands. 9. Mana tamariki, takahi tamariki: Maori child pride, Maori child abuse. Rawiri Taonui, University of Canterbury, New Zealand. 10. Indigenous human rights law and the needs of indigenous children. Terri Libesman, University of Technology, Sydney, Australia. Part 3. Child welfare and family identity. 11. High frequency parental contact for infants in care: whose rights are being served? Cathy Humphreys and Meredith Kiraly, University of Melbourne, Australia. 12. Maternal incest: Challenges for child protection. Jackie Turton, University of Essex, UK. 13. Lost identities: denying children their family identity. James Reid, University of Huddersfield, UK. 14. Should adoption be an option? Greg Kelly and Chaitali Das, Queen's University Belfast, UK. Part 4. Child welfare and legal intervention. 15. Child protection family law: The Australian experience. Lisa Young, Murdoch University, Australia. 16. The police role in identifying and responding to children experiencing domestic violence. Nicky Stanley, Pam Miller, NSPCC, Helen Richardson-Foster, University of Sheffield, UK and Gill Thomson, University of Central Lancashire, UK. 17. Relocation of children in family law disputes. Robert H. George, University of Oxford, UK. 18. Working with separated families. Helen Rhoades. 19. Deciding the best interests of the child: Legal responses to child protection concerns. Rosemary Sheehan. 20. Conclusion. Rosemary Sheehan, Helen Rhoades and Nicky Stanley.

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Book SynopsisThere is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Convention). However, despite being endorsed by the conclusions of meetings of experts, judicial comment and even legislative changes, there have been relatively few cases where mediation has played a significant role. It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered. Specifically: what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? And why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice. This title is included in Bloomsbury Professional's Family Law online service.Trade ReviewI shall certainly be recommending this book with enthusiasm to all my students…Vigers book will be required reading for the team that secures the research contract recently announced by the European Parliament for a study on 'Cross-border parental child abduction'… -- Trevor Buck * Cambridge Law Journal, Volume 72. Number 3 *Table of Contents1. INTRODUCTION I. Aim and Purpose II. Structure and Scope III. Background and Context IV. Conclusion 2. WHAT IS CONVENTION MEDIATION? I. Introduction II. Definitional Difficulties III. Place in the Procedure IV. Conclusion 3. HOW CAN A MEDIATION PROCESS FIT WITHIN THE CONSTRAINTS OF THE CONVENTION? I. Introduction II. Convention Mediation as a Specialism III. Responding to Specific Challenges IV. Conclusion 4. WHY MEDIATE IN CONVENTION CASES? I. Introduction II. Responding to Concerns Surrounding the Operation of the Convention III. Additional Added Value IV. Conclusion 5. THE VOICE OF THE CHILD I. Introduction II. The Voice of the Child in Mediation III. The Voice of the Child in Convention Court Proceedings IV. The Voice of the Child in Convention Mediation V. Conclusion 6. CONCLUSIONS I. From Enthusiasm . . . II. . . . To Action

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Book SynopsisThis long-awaited second edition of our best-selling book has been fully updated by its expert editors, Dr Russell Wate QPM and Nigel Boulton, both former police officers and current specialist consultants in safeguarding. It has been considerably expanded to include new legislation and guidance (including full compliance with Working Together 2018), as well as to tackle contemporary issues that are of much concern to workers in today's safeguarding arena, including: * Lived Experience of Children * Gangs and county lines * Unaccompanied minors * Private fostering * Modern slavery * Edge of care and transitioning * Young carers * GDPR * Safeguarding in non-statutory settings * Harmful cultural practices The book is a vital aid to all those working in the field of child and adult services. It provides a valuable overview of the major and very different areas of public protection practice. It aims to translate the processes, guidelines and language to enable them to have a workable understanding of the varied areas of practice that may impact their own working lives.Table of ContentsProvisional chapters Safeguarding children Complex child abuse Domestic violence and abuse Safeguarding vulnerable adults Sexual violence Exploitation both in Children and in Adults, which will cover some of these bullet points

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Book SynopsisFor divorcing parents who have been court-ordered or have decided to use New Ways for Families in the divorce process. This is a structured parenting skills method to reduce the impact of conflict on children in potentially high-conflict divorce cases. Research shows it helps decrease conflict, stress and abuse while improving outcomes for children, leading to safer, healthier families.

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Book SynopsisThirty years ago, world leaders made a historic commitment to the world's children by adopting the United Nations Convention on the Rights of the Child. This Convention, one of the core human rights instruments, has become the most widely ratified human rights treaty in history and has helped transform children's lives around the world. But still not every child gets to enjoy a full childhood. Still, too many childhoods are cut short. It is up to our generation to demand that governments, businesses and communities fulfil their commitments and take action for child rights now, once and for all. They must commit to making sure every child, has every right. This book is published to commemorate this momentous anniversary.

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Book SynopsisThe second part of the book contains two poignant first-person accounts of working among the CICL by Kalpana Purushothaman, a trained psychologist and a member of a Juvenile Justice Board in Karnataka, and Puneeta Roy, who translates her skills in expressive arts into offering tools to interned children for self-empowerment and healing.

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Book SynopsisThis book is an essential guide on surrogacy, discussing various legal issues that arise in surrogacy cases. It provides a comprehensive coverage to various issues pertaining to surrogacy arrangements due to failure to meet the needs of those involved in surrogacy, be it the intended parents or the surrogate mother, with special emphasis on the most vulnerable party -- the surrogate child. In the wake of this existing imbalance, the call to reform the practice of surrogacy has also increased. The book provides a comprehensive coverage to various laws and policy regulations in existence dealing with surrogacy, and unravels the latest trends and developments happening around the world as surrogacy gains importance. The international perspectives highlight policies and practices being adopted and followed by various nations with regard to surrogacy regulation and associated parenthood rules. This book also analyses some of the significant cross-border disputes revolving around surrogacy, and explores briefly the jurisprudence of the European Court of Human Rights on matters of parentage and citizenship for children born of trans-national surrogacy with special reference to the prospects of a convention on international surrogacy currently being studied by The Hague Conference on Private International Law. Further, it highlights the issues and questions relating to surrogacy arrangements that are so far unresolved and unanswered and suggests measures for improvements to the existing proposed surrogacy legislation in India and need for uniform international regulation. The book is a great resource for legal practitioners, academics, students, policy-makers, infertility clinics, and charitable organizations working on this issue.Table of ContentsCHAPTER I: IntroductionØ An Overview of Assisted Reproductive Technology (ART)Ø Assisted Reproductive Technology Procedures · In Vitro Fertilization Embryo Transfer (IVF-ET) · Gamete Intra Fallopian Transfer (GIFT) · Zygote Intra Fallopian Transfer (ZIFT) · Intra Cytoplasmic Sperm Injection (ICSI) · Artificial Insemination (AI) · Legal Issues Involved Ø SurrogacyØ Surrogacy Practice-Regulation-Issues CHAPTER II: Issues and Complexities Surrounding Surrogacy Ø Surrogacy & its Evolution Ø Legal Issues · Perplexed Motherhood - (i) Intent Based Theory (ii) Genetic Contribution Theory (iii) Gestational Mother Preference theory (iv) The Best Interest of the Child Theory · Legitimacy of the surrogate Child · Rights of the surrogate Child · Validity of a Surrogacy Contract Ø Moral and Ethical Issues · Does Surrogacy Undermine the Institution of Marriage and Family Life? · Surrogacy as a Tool of Exploitation. · Surrogacy Vs. Prostitution · Surrogacy and Right to Privacy. · Does Surrogacy overshadow Adoption? · Surrogacy and Bias against Child. · Surrogacy and Man Playing God. CHAPTER III: Surrogacy: National and International Perspectives Ø Reproductive Tourism in India Ø Regulation and Enforceability · Constitutional Protection · The Indian Contract Act, 1872 Ø The Indian Council of Medical Research, The National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India (2005) · Who Can be a Surrogate and Who Can Opt for Surrogacy (ii) Legal Parenthood and Nationality (iii) Consideration Ø The Law Commission of India 228th Report on “Need for Legislation to Regulate Assisted Reproductive Technology Clinics As Well As Rights and Obligations of Parties to a Surrogacy”(2009) . Ø The Assisted Reproductive Technology (Regulation) Bill, 2010 and 2014 · Features of Draft ART Bill, 2010 and 2014 · Who Can be a Surrogate and Who can Opt for Surrogacy · Prohibition of Sex Selection (iii) Enforceability of surrogacy arrangements · (iv) Payment in surrogacy (v) Legal Parenthood/Nationality of the Child (vi) Obligations on the Commissioning Parties (vii) Advertisement (viii) Obligations & Rights of the Surrogate Mother II. Critical Analysis of Draft ART Bill, 2010 (i) General Weaknesses (ii) Ambiguities in the Bill (iii) Contradictions in the Bill Ø The Surrogacy (Regulation) Bill, 2019 · Features of The Surrogacy (Regulation) Bill 2019 ü Who Can be a Surrogate and Who can Opt for Surrogacy ü Prohibition of Sex Selection (iii) Enforceability of surrogacy arrangements ü (iv) Payment in surrogacy (v) Legal Parenthood/Nationality of the Child (vi) Obligations on the Commissioning Parties (vii) Advertisement (viii) Obligations & Rights of the Surrogate Mother II. Critical Analysis The Surrogacy (Regulation) Bill, 2019 (i) General Weaknesses (ii) Ambiguities in the Bill (iii) Contradictions in the Bill Ø Recent Developments · The Surrogacy (Regulation) Bill, 2020 Ø Surrogacy: International Perspective · (i) Israel (ii) Canada (iii) Australia (iv) United Kingdom (v) Ukraine (vi) Japan (vii) United State of America (viii) New Zealand (ix) Russia (x) Thailand (xi) Nepal (xii) Other Countries CHAPTER IV: Homosexuals and Their Right to Surrogacy Ø The concept of Homosexuality Ø Debate about Homosexuality Ø Homosexual laws: Global Analysis · United States · United Kingdom · Canada · Australia · India · Other Countries · (Sweden, Iran, Nigeria, Pakistan, Bangladesh, Singapore, Nepal , Uganda and China etc.) Ø Homosexuals and Their Right to Surrogacy · International Scenario · Indian Scenario Israel (ii) Canada (iii) Australia (iv) United Kingdom (v) Ukraine (vi) Japan (vii) United State of America (viii) New Zealand (ix) Russia (x) Thailand (xi) Nepal (xii) Other Countries CHAPTER V: Third Genders, Live-in Couples, Singles – Option to Surrogacy Ø Third Genders, Live-in Couples and Singles right to reproductive autonomy Ø Global Analysis · United States · United Kingdom · Australia · New Zealand · Japan · Spain · France · Canada Ø Indian Scenario Ø Need to make Inclusive laws Ø Legal and Judicial Recognition of Third Genders, Live-in Couples And Singles. CHAPTER VI: Surrogacy Arrangements the Stake Holders Perspectives Ø From the Perspective of Surrogate Mother · the Right to Reproductive Autonomy · Women autonomy over her body · Right to Health Ø From the Perspective of Surrogate Child · Child Rights: National and international Perspective · Role of Judiciary in Protection of Child Rights · Interplay Between Surrogacy and Child Rights · Role of child commissions in protecting the rights of the surrogate child the rights of the surrogate child Ø Intended Mother · Right to Reproductive Autonomy · Child Care Leave, Maternity benefits Ø Need for an International Regulation for Surrogacy CHAPTER VII: Conclusion and Suggestions Ø Conclusion Ø Suggestions

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