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Articles 1 - 8 of 8

Full-Text Articles in Law

Terminating Parental Rights Through A Backdoor In The Virginia Code: Adoptions Under Section 63.2-1202(H), Dale Margolin Cecka Nov 2013

Terminating Parental Rights Through A Backdoor In The Virginia Code: Adoptions Under Section 63.2-1202(H), Dale Margolin Cecka

University of Richmond Law Review

No abstract provided.


New Thinking On Commercial Surrogacy, Richard F. Storrow Oct 2013

New Thinking On Commercial Surrogacy, Richard F. Storrow

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012


Transracial Foster Care And Adoption: Issues And Realities, Fern L. Johnson, Stacie Mickelson, Mariana Lopez Davila Sep 2013

Transracial Foster Care And Adoption: Issues And Realities, Fern L. Johnson, Stacie Mickelson, Mariana Lopez Davila

New England Journal of Public Policy

The article places transracial foster care and adoption into a broader perspective that highlights social and cultural factors and the reasons for controversy about this adoption option. The first section describes the demographics of children in the foster care system. This is followed by an overview of requirements for approval as foster and adoptive parents in Massachusetts and information about the laws governing transracial adoption. The controversy over transracial adoption is laid out by explaining the race-blind and race-matching positions. Policy priorities are outlined that take into account the main points of controversy. The final section focuses on growth in …


Recent Trends In California Law Concerning The Best Interests Of The Child, Darlene Selby May 2013

Recent Trends In California Law Concerning The Best Interests Of The Child, Darlene Selby

Pepperdine Law Review

No abstract provided.


The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller Apr 2013

The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller

Pepperdine Law Review

In 1980, the federal government passed the Parental Kidnapping Prevention Act (PKPA), designed to prevent parents from attempting to “forum shop” to gain an advantage in custody disputes. A recent Utah Supreme Court decision held that jurisdiction challenges under the PKPA are waived if not raised in the lower court. This Article argues that this decision runs counter to the purpose behind the PKPA and sets a dangerous precedent. It calls for the Supreme Court to interpret the ambiguous provisions of the PKPA to resolve inconsistent rulings and protect the rights of unwed fathers.


Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug Apr 2013

Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug

Michigan Law Review First Impressions

In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown. A federal statute known as the Indian Child Welfare Act ("ICWA") mandated Veronica's return. However, the court's decision to return Veronica pursuant to this law incited national outrage and strident calls for the Act's repeal. While this outrage was misplaced, it may nonetheless have influenced the U.S. Supreme Court's decision to hear the appeal. The case of Adoptive Couple v. Baby Girl is emotionally complicated, but it is not …


Half Faith And Credit?: The Fifth Circuit Upholds Louisiana's Refusal To Issue A Revised Birth Certificate, Thomas M. Joraanstad Feb 2013

Half Faith And Credit?: The Fifth Circuit Upholds Louisiana's Refusal To Issue A Revised Birth Certificate, Thomas M. Joraanstad

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels Jan 2013

Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels

Michigan Journal of Gender & Law

For more than thirty years, adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are birth mothers who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …