La protección en España de menores cuya Ley Nacional prohíbe la adopción tras la reforma de la Ley 54/2007, de adopción internacional
Recognising foreign measures on the protection of the child that do not have equivalence with the Spanish ones may be difficult. However, this is not the only problem that rhe protection of a foreign child may raise; it can also be the case that the child's personal (Muslim) law forbids to adop...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2017
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6248746 |
| Source: | Derecho privado y Constitución, ISSN 1133-8768, Nº 31, 2017, pags. 387-415 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
Recognising foreign measures on the protection of the child that do not have
equivalence with the Spanish ones may be difficult. However, this is not the only
problem that rhe protection of a foreign child may raise; it can also be the case that
the child's personal (Muslim) law forbids to adopt certain protecting measures (such
as adoption) which are, on the contrary, usual under Spanish law. Kafola is an islamic
legal institution that raises these issues. The Spanish Law on International adoption
provides an answer to both questions, in particular by forbidding the adoption of
these children as a general rule. The Spanish solution does not differ much from
other European rules that address the same problem. Ir also aligns with the case law
of the ECtHR. However, a critical assessment of rhe reasonability of the Spanish
solution in light of the best interest of the child is needed. |
|---|