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Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness
Northern Illinois University Law Review
The U.S. Supreme Court has long recognized federal constitutional childcare rights in parents that may not be easily diminished or eliminated by government. Yet it has allowed these childcare rightsholders to be chiefly defined by state laws. The relevant state laws vary widely, dependent upon such factors as biological ties, functional parenthood, contracts, and the avenues to conception. Deference to state lawmaking here is unique. No other federal constitutional rightsholders are so significantly defined by state statutes and precedents. This deference has resulted in significant interstate variations in de facto parent, equitable adoption, presumed parent and surrogacy matters, as well …