Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis

Abstract

Abstract This paper considers the involvement of fathers in decisions about adoption, particularly in circumstances where a mother resists such involvement. It is largely a response to the work of Jill Marshall, who has argued strongly in favour of anonymous birth and adoption for children (without involvement of their fathers) as a choice that can be validly exercised by mothers. The paper argues that Marshall’s views are not obviously consistent with the requirements of Article 5 of the UN Convention on the Rights of the Child, requiring states to ‘respect the responsibilities, rights and duties of parents … to provide … appropriate direction and guidance’ in the child’s exercise of her rights.