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Full-Text Articles in Law
Protecting The Child's Best Interest: Defending Second-Parent Adoptions Granted Prior To The 2002 Enactment Of California Assembly Bill 25, Diana Lauretta
Protecting The Child's Best Interest: Defending Second-Parent Adoptions Granted Prior To The 2002 Enactment Of California Assembly Bill 25, Diana Lauretta
Golden Gate University Law Review
Sharon S. v. Superior Court is pending review before the California Supreme Court. This case may nullify second-parent adoptions granted in California prior to the enactment of Assembly Bill 25, which gave same-sex domestic partners the statutory right to adopt their partner's children. Section I will examine the factual history and majority and minority opinions in Sharon S. Next, Section II of this comment will survey the history of adoption law and California Assembly Bill 25. Finally, Section III of this comment will consider differing state court opinions regarding second-parent adoptions. Section III will also offer remedies to counteract potential …
The Best Interest Of The Child: Eliminating Discrimination In The Screening Of Adoptive Parents, Jehnna Irene Hanan
The Best Interest Of The Child: Eliminating Discrimination In The Screening Of Adoptive Parents, Jehnna Irene Hanan
Golden Gate University Law Review
This comment will propose eliminating race and all factors that would be discriminatory in any other area of the law from consideration in adoption placement decisions, focusing instead on assessments of the parenting skills of individual prospective adoptive parents, and giving preference to foster parents or others who are already providing care to the child. Part II will discuss the historical precedents of today's adoption laws and show how the misperception of the adoptive family as inferior to the biological family helped to shape the current law. Part III will describe the process of adopting a child to demonstrate that …
The Sealed Adoption Records Controversy: Breaking Down The Wails Of Secrecy, Jason Kuhns
The Sealed Adoption Records Controversy: Breaking Down The Wails Of Secrecy, Jason Kuhns
Golden Gate University Law Review
This article will discuss the statutory history of adoption in the United States and advocate why a present day understanding of the interests of the parties to the adoption process requires that adoptees have greater access to these records. The author will examine the reasons why current statutory approaches do not adequately address adoptees' needs and recommend a procedural device that would sufficiently balance the interests of the parties to this controversy.
Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks
Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks
Golden Gate University Law Review
This article offers a method of providing custody and visitation rights to individuals formerly involved in nontraditional relationships who function as children's parents but who lack the legal status of parent. The article considers a broad range of nontraditional families, including stepparents, same-sex partners, and unmarried heterosexuals. The article begins with a summary of California statutory law. The author examines how "parent" is defined and the limitations imposed on those falling outside that definition when they seek to assert rights to child custody and visitation. Next, the article focuses on three types of nontraditional relationships to illustrate how California courts …
Surrogacy In California: Genetic And Gestational Rights, Dale Elizabeth Lawrence
Surrogacy In California: Genetic And Gestational Rights, Dale Elizabeth Lawrence
Golden Gate University Law Review
Part I of this article contrasts the surrogacy controversy in California with the legislative response nationwide by examining the various underlying issues that must necessarily be considered by state legislatures. Although the surrogacy controversy raises issues that concern the nation and society as a whole, it should be resolved independently by each state's legislature. At the center of the debate lies the question of whether the practice of surrogacy is detrimental or beneficial to the contracting parties and to society. Part II examines a California judicial decision of first impression and compares it to other states' judicial decisions on surrogacy. …
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Golden Gate University Law Review
This Comment explores the current statutory framework for adult adoption, the parameters of the legal relationship created, and the scope of the right to privacy issues involved in the exercise of this statutory right. In addition, possible motives individuals may have for utilizing adult adoption, the need for attorneys to identify potential problem areas for their clients, and the potential disadvantages of such a legal relationship, particularly with respect to the dynamics of the individuals' relationship, are discussed.