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Full-Text Articles in Law

Tradeoffs In Formulating A Consistent National Policy On Adoption, Mary Eschelbach Hansen, Daniel Pollack Nov 2006

Tradeoffs In Formulating A Consistent National Policy On Adoption, Mary Eschelbach Hansen, Daniel Pollack

ExpressO

Just as the courts must consider the tradeoff between the best interest of the child and parental rights in involuntary termination of parental rights, policy on international adoption must consider the tradeoffs between the best interest of the child and the long-term interests of the nation. We argue that countries that suspend international adoptions do not maximize social welfare. A consistent national policy to maximize the well-being of the children and society at large would be to devote resources today to the oversight of international adoption in accord with child protections under the Hague Convention, while at the same time …


Family And Juvenile Law, Robert E. Shepherd Jr. Nov 2006

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Recognizing The Expertise Of Children And Families, Ann M. Haralmbie Mar 2006

Recognizing The Expertise Of Children And Families, Ann M. Haralmbie

Nevada Law Journal

No abstract provided.


Adoption Consents: Legal Incentives For Best Practices, Elizabeth Samuels Jan 2006

Adoption Consents: Legal Incentives For Best Practices, Elizabeth Samuels

All Faculty Scholarship

When a state places its legal imprimatur on the unmaking of one family and the making of another, the state should insure to the greatest extent possible that all the individuals involved have followed or have been afforded the best practices that ethics and humanity demand. The Uniform Adoption Act sets out commonly accepted goals of state adoption laws, among them the goals of protecting minor children against unnecessary separation from their birth parents and of ensuring that a decision by a birth parent to relinquish a minor child and consent to the childs adoption is informed and voluntary. With …


Legal Representation Of Birth Parents And Adoptive Parents, Elizabeth Samuels Jan 2006

Legal Representation Of Birth Parents And Adoptive Parents, Elizabeth Samuels

All Faculty Scholarship

The Article examines the role that legal representation of birth and prospective parents may or may not play in independent domestic adoptions in furthering two primary goals that characterize ethically and humanely conducted adoptions, deliberate decision making and finality. Ideally, these two goals are complementary and can be balanced with one another. There is, however, a danger of the second goal eclipsing the first. Many state laws appear to value an increase in infant adoptions over the goal of encouraging careful deliberation. Most domestic infant adoptions involve powerful market forces as well as powerful emotional pressures, and they occur in …