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Full-Text Articles in Law

The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen Oct 2008

The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen

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

Do intact same-sex couples where one member of the couple became pregnant with assisted reproduction or was the primary adopter, and the other member became a parent through second parent adoption, understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around those who can claim the true status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven legal protections …


Are You Still My Mother?: Interstate Recognition Of Adoptions By Gays And Lesbians, Rhonda Wasserman Jan 2008

Are You Still My Mother?: Interstate Recognition Of Adoptions By Gays And Lesbians, Rhonda Wasserman

Articles

Parents and their biological children routinely cross state borders safe in the assumption that the parent-child relationship will be recognized wherever they go. The central issue raised in this Article is whether the law guarantees parents and their adopted children the same security if the parents are gay. This question is part of a broader debate about the obligation of states to recognize changes in family status effected under the laws of other states, such as same-sex marriages and migratory divorces. The debate is divisive because it pits the family against the state; one state against another; and the needs …


Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock Jan 2008

Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock

Journal Articles

One of the haunting claims of each poor, unmarried mother in Edin and Kefalas' Promises I Can Keep is that at least she can guarantee she will love her child, even though she cannot promise to make a lifelong commitment to a mate. That love, each young mother says, will be a sustaining gift both to her and the child. Similarly, in work done by sociologists McLanahan and Garfinkel to counteract the claim that it was not single parenting that made children's prospects dim, but poverty, sociologists have found that many of the bad effects of single parenting go away …