Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Entire DC Network

Protecting Children By Preserving Parenthood, Jane C. Murphy Feb 2006

Protecting Children By Preserving Parenthood, Jane C. Murphy

All Faculty Scholarship

Establishing legal parentage, once a relatively straightforward matter of marriage and biology, has become increasingly complex. The determination of legal status as mother may now involve several women making claims based on genetic contribution, contract, status as gestational carrier or other bases. The debate about the best choice for children when adults are competing for parental status is ongoing, lively and filled with many voices. Less attention has been paid to a much larger, second category of cases - cases in which the law is faced with resolving the legal status of the one adult who may be available to …


Stepparents As Third Parties In Relation To Their Stepchildren, Margaret Mahoney Jan 2006

Stepparents As Third Parties In Relation To Their Stepchildren, Margaret Mahoney

Articles

The "third parties" who inspired this symposium are categories of adults who form de facto family ties with children to whom they do not stand in the relationship of legal parent. In the eyes of the law, the status of parenthood is generally restricted to biological and adoptive parents. Within this frame of reference, stepparents constitute a major category of "third parties" who develop relationships with their stepchildren but are not regarded as legal parents.

In spite of the long history of stepfamily issues in the legal arena, and the increased demand for regulation in recent decades, little progress has …