Fostering : a legal substitute for adoption?

Abstract

From the little experience I have had through helping out in a local institution which accomodates children who have been abandoned, neglected or for some reason or other, had to be separated from their natural family, inspired me to dedicate my thesis to them. My dedication to such children as sue~ is not to solve their problems but to highlight and analyse a few proposals which may be worthy of legislation and help to minimise the sufferings they pass through. Fostering, as will be explained in detail in this thesis, when introduced in our legislation will serve as a blessing. It will serve to give a family upbringing and a sense of security to children who are in need and lack security in their childhood. I tend to uphold the belief that fostering is an ideal substitute to institutional upbringing not that the children are not brought up well in such surroundings but I would rather that such children grow up in a family environment with substitute parents rather than in an informal institution with rows of beds and long tables under religious auspices. I do not mean to be misunderstood in this regard and as I will explain in my thesis, the persons that run the institutions do this with loving care and patience. Children are sorted out in apartments in groups of 10 to 12 with different ages in the group to reflect a family. However, the children lack the family feeling in this relationship and I believe that a family setting would fill the vacuum present in their childhood. In this thesis I have attempted to delineate the issues which are of most concern when legislating and writing about fostering. Important issues relating to fostering had to be explained before examining fostering itself and before examining if fostering can or can not be · a legal substitute to adoption. These issues are found in chapter 1. This chapter is dedicated to what the needs of children are, what the duties and responsibilities of the parents are towards their children, what parental responsibility entails and who has parental responsibility. I have also examined the interests concerned in a fostering relationship. Emphasis is given to the interests of the children which is the "first and paramount consideration" but interests of the parents and of the state cannot be ignored. The second chapter is dedicated to the notion of fostering, what it entails and the different types of fostering available. Reference to the UK law relating to fostering is found in the third chapter. A detailed analysis of the types of fostering available there, mainly the local authority fostering and the private fostering arrangements, is given in order that the legal notion of fostering is understood so that one can compare this concept with the institute of adoption. Another reason why I dedicated a whole chapter to the English model is because it is the most recent and also avant garde in the light of fostering legislation available and I propose that local fostering legislation should reflect this model with a few adaptations to suit our country's requirements and minor variations which are proposed throughout the thesis. Chapter 4 deals in detail with the title of this thesis which is the crux of the whole subject. The main problem that arises abroad is with regards to what accomodation is best for the children. The persons that have to decide which type of accomodation best suits a child who is in care is face difficulties in deciding what accomodation is best for the child The main three alternatives are foster care, institutionalisation and adoption. These three alternatives differ wholly from one another. The institute which awards most security is definitely and unquestionably adoption but not all children are adoptable and not all children benefit from adoption. In this light, chapter 4 is highlighted when and when not fostering can be a legal subsitute for adoption if it can be.