The Alien Child’s Best Interest Ignored: When Notions of Gendered Parenthood Meet Tightening Immigration Policies

ABSTRACT

This article investigates how arguments about the “child’s best interest” are constructed in court decisions on asylum and family reunification in Finland. The article brings together two strands of scholarship that have so far been rather separate from each other, namely that of the literature on family reunification and feminist family studies. Analysis shows that the best interest of the child is insufficiently addressed and other arguments sideline the evaluation of child’s best interest. Gender has an impact as the best interest of the child seems to play a more significant role in relation to motherhood than it does in relation to fatherhood. In general, the court did not deem motherhood or fatherhood central to the child’s development as such, but rather as something that became central if it could not be performed properly due to other reasons than separation. Considerations such as ties to either Finland or the country of origin, as well as the income requirement, can become factors that override the potential separation from a parent. Finally, the results are also compared to the child’s best interest evaluation in out-of-home placement cases from the same courts. Our analysis shows a stark contrast between these two types of cases. We show that whenever a child’s case falls under immigration law, even when simultaneously being handled within the framework of child protection, the main deciding factor is not the best interest of the child. Alien affairs are decided based on—almost solely—factors other than the child’s best interest, while the same Supreme Administrative Court rules on child welfare cases based on a very different interpretation of child’s best interest.     

Voices heard and unheard – A Scandinavian perspective

Children's rights to participate in legal processes concerning them have been a key policy issue for the Scandinavian legislators during recent decades. From the 1980s, there have been frequent amendments to the law to secure the position of the child. Despite numerous provisions stating the right of the child to express his or her views and for these to be considered before decisions are taken, there are continuing obstacles to full recognition of children as legal subjects. Too often children's voices are not heard or not heeded. This article explores the reasons for this and argues that the ambition to promote equal parenthood is one reason for the failure to give the child's views real impact on decision-making in matters concerning children.     

‘The beneficent and legal godfather’: a history of the guardianship of unaccompanied immigrant and refugee children in Australia, 1946–1975

Abstract

In Australia in 1946, the Immigration (Guardianship of Children) Act was passed. This Act was intended to support the postwar migration to Australia of British children, unaccompanied by their parents, and provided them a guardian in Australia: the Immigration Minister. This key provision of the Act continues into the present, covering all unaccompanied child migrants, including refugees. Starting with the parliamentary debates which occurred at the formation of the Act in 1946, this article traces a history of the Act until its first High Court challenge in 1975. In doing so, a focus is placed on a series of key questions raised by its production of categories: How does the Act construct ideas of migranthood? What do the discussions it has provoked have to say about notions of parenthood and the ideal family? And, finally, what concepts of the child have been produced through this legislative and legal history? Through an examination of archival materials, parliamentary debates, court records, and newspaper coverage, this article explores the discursive productions of the Act, following the understanding that ideas of the family, of parenthood, of guardianship, of migrant status, and of the child are not natural, but instead are historically created and produced, here through racialized techniques of governmentality.     

Parenthood,child-rearing and fertility in England, 1850–1914

Fertility declines across Europe and the Anglo-world have been explained as the result of reversals of intergenerational flows of wealth. According to this theory, the child was transformed from an economically-useful household asset to an emotionally-valued parental burden. This article is based on a comparative study of changing understandings of parenthood in three provincial English localities between 1850 and 1914. It works from the premise that in order to make sense of reproductive behaviour, it is essential to examine the meanings that men and women attached to childlessness, child-rearing and parenthood.

It is argued that there was not a universal shift that made children into burdens. New understandings of the duties of parenthood did develop, but these were founded on class-, gender- and place-specific interpretations. These encouraged a minority of fathers and mothers to believe that together they had the capacity to improve the lives of their sons and daughters in pioneering ways. Given that husbands and wives had distinct motives for avoiding rearing many children and that the discussion of reproduction was shrouded in silence, the dissemination and use of new ideals of family was crucial in enabling birth control to be thought about respectably within marriage.     

Objective and Self-Perceived Resources as Predictors of Depression Among Urban and Non-Urban Adolescent Mothers

Pregnant and parenting adolescents often cope with a lack of resources as they struggle to negotiate the tasks of motherhood and adolescence. Previous research has determined that young mothers have an increased rate of depression when compared to older mothers. In this study, self-perceived resource adequacy, education, income, age, and environment (urban vs. non-urban) were investigated as predictors of depression at approximately 14 and 36 months after birth in adolescent mothers (N=523). Self-perceived resources accounted for significant variance in depression at 14 and 36 months while controlling for education and income. However, education and income were not significant predictors while controlling for self-perceived resources. Age and environment did not predict depression. Researchers would be wise to focus on a young woman’s view of her situation, as it appears that self-perceived resources play an important role in predicting depression.Post-Doctoral Research Associate at Juniper Gardens Children’s Project, University of Kansas. She received her Ph.D. from Iowa State University in 2005. Her major research interests are adolescent parenthood, mental health, and parenting interventions.Professor at Iowa State University. He received his Ph.D. from the University of Minnesota in 1976. His major research interests are stress and coping, mental health, and adolescence.Assistant Professor at Iowa State University. She received her Ph.D. from Iowa State University in 1997. Her major research interests are assessment and program planning for children with disabilities and early literacy.     

Making space for a new role – gender differences in identity changes in couples transitioning to parenthood

Changes in life roles reflect the process of reorganization of identity, which is an important component of adaptation during transition to parenthood. During this family transition gender differences are significant. Despite the fact that in Western societies women and men are encouraged to share family and work responsibilities, female self-concept is more strongly associated with motherhood, whereas men still highly value the role of a breadwinner. Therefore, relative perceived and desired salience, and directly assessed importance of main life roles (a spouse, a worker and a parent) before and after the birth of the child were examined. One hundred and eighty-seven couples participated in the study. The perceived (relative and directly assessed), and relative desired salience of a parental role increased after the child’s birth in both genders. Women valued the parent role higher than men who deemed the worker role more salient to their identity after the child’s birth. Spouse identity seemed to be created in the couple itself as both partners assessed it similarly. Inclusion of couples and repeated measurement of all variables allowed for the analysis of complex changes in self-perceptions in transitions to motherhood and fatherhood.     

惠农政策与计划生育奖扶政策的冲突与对策

近年来，国家加大了惠农的力度，出台了多项惠农政策，使农民得到了实惠，促进了农业、农村的发展。但是，惠农政策在实施过程中与计划生育奖扶政策产生了冲突，削弱了计划生育奖扶政策的激励与导向效果。惠农政策与计划生育政策缺乏协调机制以及惠农政策缺乏差异性是造成冲突的主要致因。     

Surrogacy litigation in China and beyond

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy.     

论血缘主义在确定亲子关系时的修正与限制

婚姻法上决定自然血亲的亲子关系的指导原理是血缘主义原则。但在某些情形下若彻底推行此原则反而可能招致对国家、社会或当事人的不利,因而应受到某些修正或限制。从各国婚姻法在自然血亲的亲子关系的确定方法上所设立的婚生推定和非婚生子女的认领及准正等方法模式中,可以窥知血缘主义在确定亲子关系时仍然要受到某些主观主义的限制。为谋求亲子关系的稳定,尤其为保障子女利益的需要,不得不在一定情形下承认没有血缘关系的“亲子”为法律上的亲子关系,有血缘关系的亲子却不是法律上的亲子关系。     

农村亲子关系的问题及其调适——以代沟理论为视角

亲予关系联系的是年龄、心理、思想观念、行为方式、成长环境、教育背景、生活环境、生活阅历都非常不相同的两代人，它是家庭人际关系的核心内容之一。亲子关系不同于夫妻关系，其研究有独特的视角。在代沟理论下考察农村亲子关系的现状及存在的问题，寻找调适途径，以积极的交流和沟通方式以及尊重和宽容的心态改变家庭教养方式，促进亲代的继续社会化，是消除代际对立、建立和谐亲子关系的有效方法。