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A Failure of Proportion
A Failure of Proportion

A Failure of Proportion

Non-Consensual Adoption in England and Wales


208 Pages, 6.141732 x 9.212598

Cloth, $80.00 (US $80.00)

Publication Date: April 2020

ISBN 9781509929139

Rights: US

Hart Publishing (Apr 2020)

Not Yet Published. Estimated release date: April 2020


This book explores non-consensual adoption - an area of law which has sparked considerable debate amongst academics, practitioners and the judiciary nationally and internationally. The emphasis of this book is on the circumstances in which non-consensual adoption may be regarded as a proportionate measure and when less severe forms of intervention, such as long-term foster care or kinship care, may also meet children's needs while providing protection to children's rights under the European Convention on Human Rights. The book builds on existing literature on adoption law but takes the discussion in new directions, placing an emphasis on the need to closely scrutinise children's and parents' rights at all stages of the adoption process, not simply when parents appeal against the making of an adoption order. A unique feature of this book is its emphasis on routinely incorporating key provisions from the United Nations Convention on the Rights of the Child into analysis when determining whether an adoption order is a proportionate measure.

Author Biography

Samantha M Davey is Lecturer in Law at the University of Essex.