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Articles 1 - 19 of 19
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
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.
Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock
Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock
Margaret F Brinig
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 …
How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock
How Much Does Legal Status Matter? Adoptions By Kin Caregivers, Margaret F. Brinig, Steven L. Nock
Margaret F Brinig
No abstract provided.
The Role Of Socioeconomics In Teaching Family Law, Margaret F. Brinig
The Role Of Socioeconomics In Teaching Family Law, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Parents: Trusted But Not Trustees Or (Foster) Parents As Fiduciaries, Margaret F. Brinig
Parents: Trusted But Not Trustees Or (Foster) Parents As Fiduciaries, Margaret F. Brinig
Margaret F Brinig
Some fifteen years ago, Elizabeth and Robert Scott wrote an important article making the case that parents could be usefully described using a fiduciary model. This paper explains why their model fits foster parents better than biological or adoptive parents, at least in the sense that Tamar Frankel explains in her new book on fiduciary law.
New Thinking On Commercial Surrogacy, Richard F. Storrow
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
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
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
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
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 …
Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif
Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif
Jacob M Reif
No abstract provided.
Half Faith And Credit?: The Fifth Circuit Upholds Louisiana's Refusal To Issue A Revised Birth Certificate, Thomas M. Joraanstad
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.
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Robin Fretwell Wilson
In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …
A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain
A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain
Faculty Scholarship
Extraordinary changes in patterns of family life and family law have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage or couplehood when society seeks to foster childrens well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together …
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth J. Samuels
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 …
Terminating Parental Rights Through A Backdoor In The Virginia Code, Dale Margolin Cecka
Terminating Parental Rights Through A Backdoor In The Virginia Code, Dale Margolin Cecka
Law Faculty Publications
This article explores deficits in the statute, in light of constitutional law, other Virginia adoption and termination of parental rights statutes, and other states' codes and jurisprudence. Part II describes the history and practice of the statute. Part III describes the flaws of the statute, including Fourteenth Amendment violations and inherent conflicts of interest. Part IV calls for the revision of section 1202(H) based on recent precedent in which the Supreme Court of Virginia recognized the sanctity of the parent-child relationship and the state's interest in preserving it.
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth Samuels
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth Samuels
All Faculty Scholarship
For more than 30 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 …
Multicultural Issues In Family Law: An Annotated Bibliography, Nancy Levit
Multicultural Issues In Family Law: An Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2009. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.
Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein
Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein
Mary Kate Kearney
No abstract provided.