CHALLENGES OF ADOPTION LEGAL REGULATION AND POSSIBLE SOLUTIONS

Adoption is not only a legal procedure, but also a complex social phenomenon, involving psychological, emotional and ethical challenges for both the child, the adoptive parents and the biological parents. The aim of the article is to examine the legal and social foundations of adoption, to reveal the difficulties arising in practice and to propose reforms that would strengthen the protection of children's rights, while ensuring transparency and balanced support for all participants in the process. Although both in Lithuania and internationally, laws primarily aim to protect the interests of the child, difficulties often arise in practice. Some of the most important issues are the consent of the biological parents, the child’s ability to participate in decision-making and the search for a balance between the adopted person’s right to know their origin and the biological parents’ right to privacy. Lithuanian court decisions show that the application of these principles is not simple: there is often a tension between the stability of the child’s life and the interests of the parents. This article analyzes the legal basis for adoption and the current regulation, identifies shortcomings in practice, and proposes measures that can ensure more effective protection of children's rights both in the regulatory framework and in judicial practice. The study, using a national and comparative approach, reveals the need to implement reforms that would ensure the priority of children's rights, while guaranteeing transparency, proportionality, and comprehensive support for all parties involved in the adoption process. Adoption or social parenthood is considered an alternative to biological parenthood, as adoption shows that parenthood is not only a genetic connection. The most important goal of adoption is to provide a child with love, security, and opportunities to grow into a well-rounded person, regardless of their biological origin or past circumstances. Lithuanian case law shows that when deciding on adoption issues, special attention is paid to protecting the non-property rights of the child. The courts emphasize the priority of the child's interests and the need to take the child's opinion into account.

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Publication Details

Journal
HUMANITIES STUDIES
Published
2025-01-01
DOI
https://doi.org/10.32782/hst-2025-24-101-28
Primary Topic
Child Welfare and Adoption
Type
article
Field-Weighted Citation Impact
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article

CHALLENGES OF ADOPTION LEGAL REGULATION AND POSSIBLE SOLUTIONS

Aidanas Perkumas, GABIJA EIČINAITĖ, INESA BAGUŽIENĖ
HUMANITIES STUDIES
Child Welfare and Adoption
article

CHALLENGES OF ADOPTION LEGAL REGULATION AND POSSIBLE SOLUTIONS

Aidanas Perkumas, GABIJA EIČINAITĖ, INESA BAGUŽIENĖ
article en

Abstract

Adoption is not only a legal procedure, but also a complex social phenomenon, involving psychological, emotional and ethical challenges for both the child, the adoptive parents and the biological parents. The aim of the article is to examine the legal and social foundations of adoption, to reveal the difficulties arising in practice and to propose reforms that would strengthen the protection of children's rights, while ensuring transparency and balanced support for all participants in the process. Although both in Lithuania and internationally, laws primarily aim to protect the interests of the child, difficulties often arise in practice. Some of the most important issues are the consent of the biological parents, the child’s ability to participate in decision-making and the search for a balance between the adopted person’s right to know their origin and the biological parents’ right to privacy. Lithuanian court decisions show that the application of these principles is not simple: there is often a tension between the stability of the child’s life and the interests of the parents. This article analyzes the legal basis for adoption and the current regulation, identifies shortcomings in practice, and proposes measures that can ensure more effective protection of children's rights both in the regulatory framework and in judicial practice. The study, using a national and comparative approach, reveals the need to implement reforms that would ensure the priority of children's rights, while guaranteeing transparency, proportionality, and comprehensive support for all parties involved in the adoption process. Adoption or social parenthood is considered an alternative to biological parenthood, as adoption shows that parenthood is not only a genetic connection. The most important goal of adoption is to provide a child with love, security, and opportunities to grow into a well-rounded person, regardless of their biological origin or past circumstances. Lithuanian case law shows that when deciding on adoption issues, special attention is paid to protecting the non-property rights of the child. The courts emphasize the priority of the child's interests and the need to take the child's opinion into account.

HUMANITIES STUDIES(24(101))
SMK University of Applied Social Sciences (LT)
Openalex Percentile: Top 72%
Child Welfare and Adoption
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