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A Maori toddler will grow up in a Pakeha family despite the objections of her biological father, who wants his daughter brought up in her own culture.
A judge ruled on the girl's future this week, after a year and a half of legal wrangling.
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On the actual article, I think some of the idea that a pakeha couple can raise a Maori child lies in the fact that we cling very hard to the idea that we're not racist. Because we never had slavery or anything quite so obviously bad as the stolen generation, people pretend that everything was basically hunky dory because in comparison the ways we mistreated Maori were more subtle. The custody decision itself will be partly because they've had her for two years, but that specific statement ties in to what I've been looking at in news and social debates over the last year or two ( ... )
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Hum. I don't know much about the practise in specifics, but isn't there a Maori tradition of giving children to close friends/relations who want children but do not have them, for whatever reason? The Pakeha angle complicates this, but I wonder if it had anything to do with, at least, the birth mother's initial willingness to adopt out her baby. Then of course, the whole thing's muddied more by the intersections of two customs of adoption and the expectations attached to each ... ugh, this just sounds so horrible for everyone involved. My heart is with the wee bub.
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We talked about this a lot in my Maori jurisprudence class, though, and one of the main criticisms is that the Family Court and the adoption system focuses on the rights of the child. Whangai is more focused around maintaining ties between families and doesn't have really much to do with concerns about the child's rights. As a consequence, you can't really legitimately draw analogies between the adoption system and whangai.
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And of course in that culture I'd almost argue that it doesn't matter if the focus is on the rights of the child, because due to the family/social structure it would be neutral or good for the child almost all of the time anyway, if it's done in the spirit that's intended. It's not giving away a child because you can't or don't wish to care for zir, it's more like a marriage in making that connection which is supposed to be a strong, happy thing.
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