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Original Articles

Problems in the criminal law of adoption

Pages 149-166 | Published online: 01 Feb 2008
 

Abstract

How the criminal sanctions which are currently contained in ss. 11 and 57 of the Adoption Act 1976 should properly be interpreted and applied is a matter which has consistently eluded authoritative judicial definition. The impending reform of adoption law presents an opportunity to clarify the scope, definition, and effects of a breach of these provisions. This article (1) argues that the Review of Adoption Law and the White Paper Adoption: the Future have not given sufficient cognizance to the problems which these sections have caused the courts and (2) suggests reforms which should be made to the law in order to minimize the difficulties which the judiciary has hitherto experienced.

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