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"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell
"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
This article suggests that the scope of enforceable section 1983 rights is broader than most courts have recognized. The Act creates comprehensive rights to 1) preplacement preventive services, 2) proper care while children are in state custody, and 3) permanency planning services. Courts must be more willing to recognize these rights and to take a more creative role in structuring injunctive relief when these rights have been violated. Part I is an overview of the Act. Part II analyzes the appropriateness of section 1983 claims under the Act. Finally, Part III analyzes the proper scope of section 1983 claims. The …
Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell
Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
This Article explores the public policy doctrine relating to contracts generally and examines specific public policies set forth in state adoption statutes. The Article concludes that surrogate parenting agreements are 1) incompatible with consent provisions of state adoption statutes, 2) inconsistent with state laws prohibiting baby-selling, and 3) inconsistent with state adoption provisions that provide for a thorough investigation of the adoptive parents in order to ensure that the adoption serves the child's best interests. Accordingly, this Article suggests that as state legislatures debate the best means of addressing the issue of surrogate parenting, they should recognize that surrogate parenting …