Parental responsibility (access and custody) in the context of Adopted


Adoption differs from guardianship and other care arrangements by aiming for a complete and permanent transfer of both rights and responsibilities – including filiation – from biological parents to adoptive parents, establishing a new legal parent-child relationship. Historically, some arrangements addressed inheritance and parental responsibilities without fully transferring filiation.

⭐ In the context of Adoption, Parental responsibility (access and custody) is considered fundamentally different from historical arrangements in some societies because modern adoption aims to…

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⭐ Core Definition: Parental responsibility (access and custody)

Parental responsibility refers to the responsibility which underpin the relationship between the children and the children's parents and those adults who are granted parental responsibility by either signing a 'parental responsibility agreement' with the mother or getting a 'parental responsibility order' from a court. The terminology for this area of law now includes matters dealt with as contact (visitation in the United States) and residence (see Residence in English law) in some states. Parental responsibilities are connected to Parents' rights and privileges.

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In the context of Adoption, Parental responsibility (access and custody) is considered fundamentally different from historical arrangements in some societies because modern adoption aims to…
HINT: Complete adoption legally establishes a new parent-child relationship by transferring all rights, responsibilities, and filiation from the original parents to the adoptive parents, creating a permanent change in status.

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Parental responsibility (access and custody) in the context of Adoption

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.

Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations.

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Parental responsibility (access and custody) in the context of Child custody

In family law, child custody describes the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.

Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of "custody" and "access" in some member nations. Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent.

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Parental responsibility (access and custody) in the context of Parents' rights movement

The parents' rights movement is a civil rights movement primarily interested in human rights affecting parents related to family law, including child custody. Parents' rights are connected to parental responsibility and right to family life.

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Parental responsibility (access and custody) in the context of South African family law

South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and other holders of parental rights and responsibilities) and children; and (iii) relatives related through blood and affinity."

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