Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Family law (11)
- Governments (3)
- Heterosexual (3)
- Introduction (3)
- Appropriate (2)
-
- Circumstances (2)
- Constitutional law (2)
- Development (2)
- Individuals (2)
- Multiethnic (2)
- Opportunity (2)
- Orientation (2)
- Potentially (2)
- Terminating (2)
- Transracial (2)
- Unconstitutional (2)
- Accordingly (1)
- Acknowledged (1)
- Administrative (1)
- Antimiscegenation (1)
- Arrangements (1)
- Association (1)
- Battleground (1)
- Biological (1)
- Biologically (1)
- Characteristics (1)
- Collectively (1)
- Commentator (1)
- Commissioners (1)
- Complicated (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Beyond Biology: The Politics Of Adoption & Reproduction, Elizabeth Bartholet
Beyond Biology: The Politics Of Adoption & Reproduction, Elizabeth Bartholet
Duke Journal of Gender Law & Policy
It is exciting simply to be having this conference focused on adoption law and policy. I remember some nine years ago starting to plan a course dealing with adoption issues and wondering whether I would be able to justify its place in the Harvard Law School curriculum. It is also exciting to look around the room at the wonderfully diverse and knowledgeable group of people the Duke Journal of Gender Law & Policy gathered here to participate in these discussions of important issues involving adoption and the meaning of family. My topic today has to do with adoption and, more …
Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer
Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer
Duke Journal of Gender Law & Policy
I. Introduction: Identifying the Controversy The mythology of adoption involves a scenario in which a teenage girl gets pregnant, and neither she nor the father is ready to raise a child. Upon birth, these young parents voluntarily relinquish the baby to an upwardly mobile couple who have been waiting years to adopt. The adoptive parents become, in essence, the birth parents to the baby who grows up happy and well-adjusted. The birth parents vanish from the picture, perhaps eventually marrying and having additional children. No one looks back. But what happens to this myth when the birth mother changes her …
Controlling Improper Financial Gain In International Adoptions, Kristina Wilken
Controlling Improper Financial Gain In International Adoptions, Kristina Wilken
Duke Journal of Gender Law & Policy
When I went with the lawyer to pick up Kate--some part of town I could never find again--her mother was lying there, not in a house really, more like a stall with a bed in it. . . . It was like we were going baby shopping. 1 Although once rarely contemplated, international adoption has become a realistic option for couples in the United States. In fact, the United States has received more foreign children for adoption than any other country in the world. 2 Since the first wave of international adoptions in the late 1940s, 3 over 130,000 children …
A Child’S Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
A Child’S Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
Duke Journal of Gender Law & Policy
No abstract provided.
Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet
Race Separatism In The Family: More On The Transracial Adoption Debate, Elizabeth Bartholet
Duke Journal of Gender Law & Policy
Some twenty-five years ago a trial court in Virginia upheld the state ban on interracial marriage, reasoning that God created different races and, accordingly, that it was natural to maintain racial purity, and unnatural to engage in racial mixing. 1 At that time, many other state laws banned both interracial marriage and transracial adoption. In Loving v. Virginia, 2 the United States Supreme Court struck down the Virginia antimiscegenation law, reversing the trial court's decision and holding that it was unconstitutional for states to mandate racial separatism in the family. Later, in Palmore v. Sidoti, 3 the Court ruled that …
Are You My Mother?: Conceptualizing Children’S Identity Rights In Transracial Adoptions, Barbara Bennett Woodhouse
Are You My Mother?: Conceptualizing Children’S Identity Rights In Transracial Adoptions, Barbara Bennett Woodhouse
Duke Journal of Gender Law & Policy
I. Adoption and the Clash of Rights Perspectives Adoption law in the United States, depending on whom you ask, is either at a turning point or hopelessly gridlocked. 1 Many issues seem to defy consensus. Media reports of high profile adoption cases 2 have attracted enormous attention, not only because of their inherent drama, but also because they implicate highly contested definitions of what makes a family. Many of the most volatile adoption issues are couched in terms of rights: the birth mother's right to confidentiality; the adoptive parent's right to be treated equally without regard to race, ethnicity, religion, …
Adoption Of Minor Children By Lesbian And Gay Adults: A Social Science Perspective, Charlotte J. Patterson
Adoption Of Minor Children By Lesbian And Gay Adults: A Social Science Perspective, Charlotte J. Patterson
Duke Journal of Gender Law & Policy
Does adoption of minor children by openly lesbian or gay adults serve the best interests of children? Although forbidden in some jurisdictions, 1 such adoptions have taken place in other parts of the country. Considerable public controversy continues to surround adoptions by lesbian and gay parents. 2 In this article, I begin with a description of two actual adoptions which illustrate the difference between stranger adoptions, in which the biological parent's rights are terminated, and second parent or co-parent adoptions, in which a second person becomes a legal parent without terminating the legal or biological parent's rights. In this way, …
Redefining The Transracial Adoption Controversy, Ruth-Arlene W. Howe
Redefining The Transracial Adoption Controversy, Ruth-Arlene W. Howe
Duke Journal of Gender Law & Policy
I. Introduction Transracial adoption is a sensitive topic, evoking acrimonious debate "between those who view transracial placements as positive for both the children and society as a whole and those who view them as injurious to Black children and Black communities." 1 Efforts to declare race-matching preference policies or statutory schemes unconstitutional are intensifying. 2 Some legal writers assert that such a prohibition is needed in order to avoid or minimize harm to Black 3 youngsters in the foster care system. 4 In a re cent law review article analyzing the same-race statutory preference schemes of three states, the commentator …
Reclaiming Self-Determination: A Call For Intraracial Adoption, Jacinda T. Townsend
Reclaiming Self-Determination: A Call For Intraracial Adoption, Jacinda T. Townsend
Duke Journal of Gender Law & Policy
The wholesale marketing of Black children to suit the economic interests of others was one of the cruelest aspects of slavery. Sons and daughters who were traded away from their parents would later struggle in vain to remember their families, their customs, and their countries of origin. Even the extended families which evolved in the transient slave communities were continually fragmented as children and their caretakers were merchanted to different plantations according to the whims of White slavemasters. 1 Although due to quite different circumstances, today the Black community continues to lose its children. At present, government sponsored entities, 2 …
Second Parent Adoption: A Personal Perspective, Deborah Lashman
Second Parent Adoption: A Personal Perspective, Deborah Lashman
Duke Journal of Gender Law & Policy
No abstract provided.
Second Parent Adoption: A Model Brief, Suzanne Bryant
Second Parent Adoption: A Model Brief, Suzanne Bryant
Duke Journal of Gender Law & Policy
The Liberal Judicial Construction of State Adoption Laws Allows Courts to Grant Second Parent Adoptions to Lesbian and Gay Adults I. Introduction: Second Parent Adoptions A second parent adoption refers to the adoption of a child by his or her legal parent's 1 non-marital partner, without requiring the first partner to give up any parental rights or responsibilities. 2 In second parent adoptions, as in step-parent adoptions, the child is already living in the couple's home and will continue to live there. In both types of adoptions, a non-legal parent has a relationship with the child and wishes to adopt …
Adoption And Aspiration: The Uniform Adoption Act, The Deboer-Schmidt Case, And The American Quest For The Ideal Family, Joan Heifetz Hollinger
Adoption And Aspiration: The Uniform Adoption Act, The Deboer-Schmidt Case, And The American Quest For The Ideal Family, Joan Heifetz Hollinger
Duke Journal of Gender Law & Policy
When the state must designate a child's legal parentage, should the goal be to protect the biological parents' "opportunity interests" to raise "their" child or to protect the child's established relationships with the individuals who have actually functioned as her parents? What characteristics render an adult an appropriate parent? These questions, long in the background of disputes over adoption, have been raised with new intensity in the early 1990s in two distinctive settings. The first is the debate about these questions waged in the courts and the media. The second is the effort of the National Conference of Commissioners on …
S. 1224—In Support Of The Multiethnic Placement Act Of 1993, Howard M. Metzenbaum
S. 1224—In Support Of The Multiethnic Placement Act Of 1993, Howard M. Metzenbaum
Duke Journal of Gender Law & Policy
Anyone who knows me, friend or foe, will tell you that one of my great passions in life is children. They represent the best in all of us and our best hope for the future. All my life I have pursued policies to ensure that all children, no matter what the circumstances of their birth, are treasured and nurtured. Whether it is a baby born with AIDS and addicted to crack, or my own wonderful grandchildren, I want to do everything in my power to make sure that every child grows up in a loving, caring, stable, and safe environment. …
Adoption By Lesbian And Gay People: The Use And Mis-Use Of Social Science Research, Marc E. Elovitz
Adoption By Lesbian And Gay People: The Use And Mis-Use Of Social Science Research, Marc E. Elovitz
Duke Journal of Gender Law & Policy
In the past twenty years, openly lesbian and gay people have joined in the evolving national dialogue, within the law and elsewhere, about adoption. This Article considers the adoption dialogue, addressing in particular the facts and beliefs that sometimes form (both by informing and misinforming) the dialogue. Part I of this Article describes the ways in which lesbian and gay people confront adoption's legal structures. Part II discusses the findings of social science research on parenting by lesbian and gay people. Part III reviews and analyzes some of the responses to this research. The Conclusion considers the nature of the …