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Family Law

Selected Works

2015

Adoption

Articles 1 - 2 of 2

Full-Text Articles in Entire DC Network

Openness In International Adoption, Malinda L. Seymore Sep 2015

Openness In International Adoption, Malinda L. Seymore

Malinda L. Seymore

After a long history of secrecy in domestic adoption in the United States, there is a robust trend toward openness. That is, however, not the case with international adoption. The recent growth in international adoption has been spurred, at least in part, by the desire of adoptive parents to return to closed, confidential adoptions where the identity of the birth mother is secret and there is no ongoing contact with her. There is, however, an emergent interest in increased openness in international adoption, spurred by the success of domestic open adoptions, health concerns when an adoptee's genetic history is important, …


Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children, David M. Smolin Jan 2015

Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children, David M. Smolin

David M. Smolin

This article will argue that most surrogacy arrangements as currently practiced do constitute the “sale of children” under international law, and hence should not be legally legitimated. Hence, maintaining the core legal norm against the sale of children requires rejecting currently constituted claims of a right to procreate through surrogacy. Given the underlying purpose of all human rights law in maintaining the inherent human dignity of all human beings, a claimed legal right built upon the sale of human beings must be rejected.