2015BASPCAN ‘New Directions in Child Protection and Wellbeing: Making a real difference to children’s lives’
Don’t give up the adoptee - Don’t give up the adoptee -
The research of adoption dissolution in TaiwanThe research of adoption dissolution in Taiwan
Emily Yueh-Mi Lai, PhD [email protected]
Director, Family Mediation Association Taiwan Assistant Professor, The Department of Social Work, Tzu Chi University, Taiwan
Research purposes1.disclose the situation and reason of adoption dissolution.
2.expose the risk factors of adoption dissolution.
3.find out copying strategy to avoid adoption dissolution.
Chinese adoption system
originated in the Western Zhou Dynasty
patriarchal system(about 3000 years ago)
for the purpose － for the ancient
for the family
for the parents
The change of Adoption Act in Taiwan
Law change －Civil Law, Family Law
the Protection of Children and Youths
Welfare and Rights Act,
take into account the best interest of the
children
A. Adoption shall be effected in writing and petitioned for the court’s approval(Civil Law §1079)
B. The court shall approve the adoption of the minor based upon the best interest of the adoptive child(Civil Law §1079-1)
C. A minor of younger than seven years of age shall make the declaration of intention and accept the declaration of intention through his/her statutory agent when he/she is to be adopted. A minor older than seven years of age shall obtain the consent of his/her statutory agent when he is to be adopted(Civil Law §1076-2)
D. Order the adopter to live with the children and youth for a certain period. During the period of living together, the adopter will be responsible for the children and youth’s interests and needs (The Protection of Children and Youths Welfare and Rights Act§17).
E. The adoption matching services agency will conduct the necessary interviews for the adoption before accepting the consignment, and make an assessment report. (The Protection of Children and Youths Welfare and Rights Act§17)
F. Parents and guardians unable to take responsibility for their children’s maintenance and are considering adoption will entrust the adoption matching services agency to search for an appropriate adopter, in private adoptions only close kinship relatives and stepfamily adoption(The Protection of Children and Youths Welfare and Rights Act§16).
G. Only adoption matching services can undertake the placement and education of children and youth by incorporated foundations and public/private institutes subject to the approval of the authorized agency(The Protection of Children and Youths Welfare and Rights Act§16).
H. In accordance with the Hague Convention on international adoption considers the national adopter as priority (The Protection of Children and Youths Welfare and Rights Act§16).
I. The court will adapt the measures before confirming the adoption of children and youth for the court’s reference. For example, order the adopter to attend preparation courses for parental education, mental appraisals, drug and alcohol tests or the necessary issues that protect the best interests of the children and youth; any expenses will be at the cost of the adopter(The Protection of Children and Youths Welfare and Rights Act§16).
Research methods
qualitative methodologyquestionnaire survey, focus group and
interviewing44 questionnaires of adoption dissolutionIn focus group and interviewing, it included
44 interviewees- 1 adoptee, 5 adoptive parents, 1 birth parent, 26 social workers, 7 Judges, and 4 Court Administrators.
44 questionnaires of adoption dissolution
Adoptee personal factors
Adoptee personal factors
Adoptive family factors
Adoptive family factors
Adoptive family factors
Adoption agencies factors
Adoption agencies factors
Focus groups and individual interviews analysis
The risk factors of adoption dissolution•The adoptee factors•1. The adoptee with delinquent behavior Many adoption dissolution happened after the adoptee with delinquent behavior. (Social
worker 21)
The adoptee factors
• 2. The older age of the adoptee, the greater
chances of adoption dissolution
Whatever, national or international
adoption, the greater the risk in older age of
the adoptee, the greater chances of adoption
dissolution. (Social worker 7)
The adoptee factors
• 3. To assist the adoptee adapt
Children changed many environments,
especially for families with children in foster
care, more difficult to establish with adoptive
family. (Social worker 10)
The adoptee factors
• 4. If adoptee attached the birth family, it is difficult to establish attachment with adoptive families
One summer vacation, she wanted to contact her biological father and she wanted to be with her father. And I said, yes. After all, she is his daughter. (Adoptive parent 2)
The adoptee factors
• The birth telling If no one talks to adoptee about the birth
telling and adoption, when the adoptee found out he was adopted by himself, it is easier to him whole personality change, causing him completely unable to behave well. (Court
Administrator 3)
The adoptee factors
• fantasy and expectations of birth family
He found that he was originally adopted
child, he wanted to find their families.
Finally, he found his own brother, however
the brother took him to steal! (Judge7)
The adoptive family factors
• 1. The philosophy of adoption My husband thought very simple, and he taught
me to report the adoptee is my nature child, but I do not want to do that. (Adoptive parent 3)
My birth father sold me to my adoptive mother. And she bought me, might want to me to look after her when she was getting old. (Adoptee1)
The adoptive family factors
• 2. Stepparent adoption Some stepparents adopt a child after marriage
is to let the kids have a sense of belonging. (Court Administrator 2)
Like some mothers remarried, and they required kids to be adopted by the step father, also to change the surname. Once remarried, the kid was adopted and changed the surname. (Court Administrator 2)
The adoptive family factors
• 3. Surname change Some children’s voices, my mother has been
remarried, he felt annoying that this has been a change of surname. (Court Administrator 4)
The adoptive family factors
• 4. The parenting capacity of adoptive family She was not a mother, she was like ... I was
her accessories. And she controlled me and she did not care for me. When I was 10 years old, and I was alone and sick seriously, no one rescued me. (Adoptee1)
The adoptive family factors
• 5. Adoptive parents unable to discipline the adoptee
• When the adoptee studied junior high school, and he became difficult and irreversible to be disciplined by adoptive parents, the adoptive parents maybe go to court to terminate the adoption. (Social worker 11)
The adoptive family factors
• 6. Re-adoption with high-risk We all thought that the early success of
raising a child, they would be good parents for the re-adoption. However, we found a very high failure rate is the re-adoption, there may be a reason because it is the first adoptee behaved very well, then they thought easier for the second adoptee. (Social worker 7)
The adoptive family factors
• 7. Adoptive mother was pregnant after adoption
Suddenly, adoptive mother was pregnant after adoption. (Social worker 6)
The adoptive family factors
• 8. No ideas about birth telling Adoptive parents had lots of excuses in birth
telling. Such as, children too young to do it! Later and later, they just escape and avoid to talking about it. (Social worker 12)
She (the adoptee) might know a little about the adoption. I guess. (Adoptive parent 3)
The birth parent factors
• 1. The inability to take care of kids Mom reported the Social Department, said
she did not have the ability to raise his children, please help her. (Adoptive parent 2)
The birth parent factors
• 2. The dependent behavioral factors Mother's life is relatively indiscretion, she
had a cohabiting boyfriend. Also, she had several children, and she asked me to borrow money. (Adoptive parent 2)
The birth parent factors
• 3. The time for adoption She was not really ready to be a mother. We
helped her to think careful and to look after her kid by herself. We tried almost two years, the mother was still unstable, finally she believed that she had no ready to be a mother. (Social worker 18)
The institutional factors
• 1. Lack of fully communication and message Have to be very careful, especially in the medical information in the context of child care. If there had some things happened not the adoptive family excepted, they would not accept it. (Social worker10)
The institutional factors
• 2. The organization of long-term companionship Our service is long. Our institution is more than 20 years, and we provide the adoption service to a adoptive family may more than 20 years, in such a long period of time. (Social worker 22)
The institutional factors• 3. The agency report quality
I often ask social workers, we should write the report very objective. (Social worker 18)
The difference adoption concept between Literature Review and Taiwan
Literature Review Taiwan
The concept of adoption
For child For family, conservativeand traditional
The reason of adoption
infertility For family
The approach of adoption
Agency (Open adoption)
Private adoption(law change since 2011)
Birth telling OK (Open adoption) NO(secret)Adoptee age when be adopted
All
Less Than 1year old
Adoptee with disease
All
health
Step parent adoption
increasing
Conclusion
The risk factors of adoption dissolution included:
The adoptee characteristics: • older age, • emotional and behavioral disorder, • sibling separation ,
The adoptee characteristics
• special needs,
• poor health,
• difficulty in attachment,
• many placements before adoption.
The adopter family characteristics
• their elders force them to adopt kids,• too high expectation for kid’s performance,
lack of parenting , • no experience of caring , • unstable marriage, • pregnancy after adoption, • negative personality
The adopter family characteristics
• financial problem, • misconceptions of adoption, • adoptive father helps less in caring, • step parent adoption, • surname change, • adopt again another kids.
The agency characteristics
• unprofessional in matching,
• insufficient service quality and assistance,
• unfit family needs,
• inadequate information.
Suggestions• No private adoption -most of minor child
adoption dissolution through private adoption.
• Support system- Taiwan Government and adoption agency should actively provide assistance for adoption, and post-adoption supportive services available and accessible to protect the best interests of the child.
• Adoption Act
Adoption for Love &
Adoption for Kids －－ Thanks for Thanks for listening!listening!
