The annulment of adoption in the legal and psychological aspects: national and international experience
Journal Title: Бюллетень науки и практики - Year 2018, Vol 4, Issue 12
Abstract
The article is devoted to a resonant, but unfortunately, the relevant topic in the legal space of many states — the abolition of adoption. The article analyzes this institution not only from the point of view of the legal regulation of the consideration of cases concerning the cancellation of adoption by courts of general jurisdiction, but also the psychological aspect of resolving such disputes. The authors unequivocally conclude that the success of the judicial procedure in these categories of cases depends not so much on correct, timely actions performed by the court itself, but rather on the presence in the process of persons with the necessary knowledge and skills (psychologists) who are able to provide the court with the true information about the psychological state of the child in respect of which the question of the abolition of adoption. Also, the authors have repeatedly argued in the article about the necessity of imposing a mandatory pre-trial procedure on mediation whenever possible, and ideally an extrajudicial procedure for resolving cases, on cases of cancellation of adoption. Where in this procedure the leading role would be assigned to a psychologist–a mediator who, in the process of working with the parties, corrected their behaviour and possibly led to the most favourable outcome for the adopted child. The need to use mediation and other conciliation procedures in relation to adoptive parents and adopted children is stated. The authors also in the article consider the international experience (by example) of Japan, which allows concluding that the legislation of the Russian Federation is more perfect, but still requires further refinement. The need to improve legislation is stated and specific solutions to the existing gaps are provided.
Authors and Affiliations
R. Golovkin, K. Shumova
Keywords
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