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Articles 1 - 7 of 7
Full-Text Articles in Law
The Boundaries Of Multi-Parentage, Jessica Feinberg
The Boundaries Of Multi-Parentage, Jessica Feinberg
Faculty Publications
Multi-parentage has arrived. In recent years, a growing number of courts and legislatures have recognized that a child may have more than two legal parents. A number of significant societal, medical, and legal developments have contributed to the trend toward multi-parentage recognition. The traditional family structure of a married different-sex couple and their biological children currently represents only a minority of U.S. families. Stepparents, non-marital partners of legal parents, and extended family members often play a significant role in children’s lives, and it has become increasingly common for same-sex couples to welcome children into their families. In addition, advancements in …
Parent Zero, Jessica Feinberg
Parent Zero, Jessica Feinberg
Faculty Publications
When a child is born, the law makes a critical determination regarding who will be recognized as the child’s legal parent(s). This determination carries immense importance both for children and for individuals who are, or seek to be, identified as legal parents. Essential rights, protections, and obligations attach to a legally recognized parent-child relationship, and in the vast majority of cases an individual who is recognized at birth as a child’s legal parent will retain that status permanently. The determination of the child’s first legal parent historically has been a straightforward one, and this largely remains true today outside of …
After Marriage Equality: Dual Fatherhood For Married Male Same-Sex Couples, Jessica Feinberg
After Marriage Equality: Dual Fatherhood For Married Male Same-Sex Couples, Jessica Feinberg
Faculty Publications
In most states, married male same-sex couples who conceive children via gestational surrogacy using sperm from one member of the couple and donor ova must pursue adoption in order to establish legal parentage for the member of the couple who is not genetically related to the child. This is because only a minority of jurisdictions have surrogacy laws that recognize the non-biological intended parent as a legal parent in this situation, and across the United States cisgender male same-sex couples are excluded from the longstanding non-adoptive marriage-based avenues of establishing parentage currently available to both different-sex couples and female same-sex …
Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith
Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith
Faculty Publications
Due to the opioid use epidemic and an overwhelmed public child protection system, minor guardianship is an increasingly important tool for relative caregivers seeking to obtain legal authority regarding the children who come into their care because of a parent’s crisis. Yet minor guardianship originated in colonial law for an entirely different purpose: to protect legal orphans who had inherited property. Today’s guardianship laws are still based on this “orphan model” which does not fit today’s reality. This Article is the first to analyze how these outdated guardianship laws are being used as a form of “private child protection” and …
From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith
From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith
Faculty Publications
This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine’s probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine’s probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent’s estate to the current scope: a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine probate courts now …
Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff
Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff
Faculty Publications
This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.
Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff
Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff
Faculty Publications
Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …