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Lookup NU author(s): Professor Sue FarranORCiD
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).
Throughout the Pacific region, customary forms of adoption are widespread, and predominantly exist alongside formal, state-regulated adoption processes. In most countries, the state does not recognise or accommodate customary adoption, giving rise to a number of practical problems. Attempts to reform the law have rarely gone to the root of these issues, which stems partly from the contrasting perceptions of adoption. The recent passage into legislation of the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Child Rearing Practice) Act 2020 in Queensland, Australia, demonstrates an attempt to construct a bridge between customary and formal adoption. This article puts the new Act in context by highlighting key differences between customary and formal adoption and identifying the practical consequences of failing to accommodate the former. The law reform proposals from elsewhere in the Pacific are reviewed and contrasted with the Torres Straits Islanders’ initiative, with a view to assessing whether any of these offers a transferable Pacific model.
Author(s): Farran S, Corrin J
Publication type: Article
Publication status: Published
Journal: Child and Family Law Quarterly
Year: 2021
Volume: 33
Issue: 1
Online publication date: 11/10/2020
Acceptance date: 10/10/2020
Date deposited: 17/11/2020
ISSN (print): 1358-8184
Publisher: Jordan Publishing
URL: https://www.familylaw.co.uk/news_and_comment/torres-straits-islanders-lead-the-way-in-legislating-for-kupai-omasker-in-the-pacific
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