Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 13 of 13
Full-Text Articles in Law
Airplane Trips And Organ Banks: Random Events And The Hague Convention On Intercountry Adoptions, Curtis Kleem
Airplane Trips And Organ Banks: Random Events And The Hague Convention On Intercountry Adoptions, Curtis Kleem
Georgia Journal of International & Comparative Law
No abstract provided.
Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio
Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio
Pace Law Review
Part I of this article will provide an overview of the legal doctrines implicated in Adoptive Couple v. Baby Girl. First, Part I will discuss both Indian Child Welfare Act’s text and purpose and scholarly attention given to the law. Second, Part I will examine the law of putative fathers insofar as relevant to understanding ICWA’s application in Adoptive Couple. Part II provides insight into the Court’s equal protection jurisprudence with a particular emphasis on considerations of race in adoption and laws implicating Indian tribes. This Part introduces the limited scholarly treatment afforded to the equal protection issues implicated by …
Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis
Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis
Christina Lewis
No abstract provided.
If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush
If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush
Sharon E. Rush
In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …
Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll
Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll
Andrea Beauchamp Carroll
No abstract provided.
Starting An Adoption Agency And The Major Benefits Of Adoption, Dylan D. Lingerfelt
Starting An Adoption Agency And The Major Benefits Of Adoption, Dylan D. Lingerfelt
Senior Honors Theses
Adoption impacts families’ lives. There are many benefits of adoption. Some key concepts of adoption are what the process of adoption entails and the different decisions potential adoptive parents need to make when starting the process, a philosophy and mission in terms of a business entity and their importance to an adoption firm, how to start a law firm as a business within the United States, and how to adapt that business to expand to areas like South Asia. South Asian etiquette issues need to be considered and understood from a business perspective. Another area to consider when doing international …
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
Bethany Berger
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …
Remove Time Limits On Reunification; Choose Guardianship Over Adoption, Stephen Butts
Remove Time Limits On Reunification; Choose Guardianship Over Adoption, Stephen Butts
GGU Law Review Blog
No abstract provided.
Whose Rights Should Prevail? Toward A Child-Centric Approach To Revocation Of Birthparent Consent In Domestic Infant Abortion, David L. Thibodeaux
Whose Rights Should Prevail? Toward A Child-Centric Approach To Revocation Of Birthparent Consent In Domestic Infant Abortion, David L. Thibodeaux
Belmont Law Review
Though overhaul of adoption laws across the United States has been nearly universal, there is still no uniformity among the states in approach to voluntary relinquishment of parental rights: the very issue at the heart of the controversial cases that sparked reform. This Note attempts to track the development of domestic adoption laws as they affect birthparent consent in infant adoptions, the competing policies driving these developments, and the way states have attempted to reconcile that friction. Part I of this Note provides an underpinning of adoption terminology by outlining the actors involved, the basic elements required for infant adoption …
Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis
Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis
Christina Lewis
No abstract provided.
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey
Law Student Publications
This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act, the legislative history of …
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
University of Michigan Journal of Law Reform
The American child welfare system terminates parental rights for thousands of children each year even though adoptive families have not yet been identified for the children. Every year, there are more than 100,000 of these “legal orphans” waiting for new families. Given the lower rates of adoptions for children of color and older children, and the poor outcomes for most youth who age out of the foster care system, the American child welfare system must start to think differently about permanency options for children. This Article proposes a model statutory provision to reinstate parental rights under certain circumstances to give …
Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.
Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.
Faculty Scholarship
No abstract provided.