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Articles 1 - 8 of 8
Full-Text Articles in Law
Termination Of Parental Rights As A Private Remedy: Rationales, Realities, And Remedies, Deirdre M. Smith
Termination Of Parental Rights As A Private Remedy: Rationales, Realities, And Remedies, Deirdre M. Smith
Faculty Publications
Terminating a parent’s rights—a drastic measure—is commonly associated with public child welfare proceedings, where a state or county child protective services agency has removed a child from their home based on findings of abuse or neglect. In fact, state laws across the country also permit private individuals to petition a court to terminate another person’s parental rights. While private termination actions are not uncommon, there has been scant scholarly examination of these matters, their underlying purposes, and their role in contemporary family law. Termination of parental rights orders in any context interfere with parents’ fundamental constitutional rights, but parents in …
Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck
Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck
Faculty Publications
Under prenatal abandonment theory, fathers can lose their parental rights to nonmarital children if they do not provide prenatal support to the mothers of their children. This is true even if the mothers have not notified the fathers of the pregnancy and if the mothers or fathers are unsure of the fathers' paternity. While this result may seem counterintuitive, it is necessitated by demographic trends. Prenatal abandonment theory has been structured to protect mothers, fathers, and fetuses in response to a number of social factors: the link between pregnancy and increased rates of sexual assault, domestic violence, and domestic homicide; …
No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent
No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent
Faculty Publications
The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.
Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan
Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan
Faculty Publications
No abstract provided.
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
Faculty Publications
No abstract provided.
Adoption Of Children In Missouri, Mary M. Beck
Adoption Of Children In Missouri, Mary M. Beck
Faculty Publications
The purpose of this Article is to investigate the effect of Missouri law on adoption and to determine whether its provisions adequately protect the parties to adoption and whether its degree of clarity properly forestalls litigation.
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Faculty Publications
Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …
Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer
Adoption: A Plea For Realistic Constitutional Decisionmaking, Larry I. Palmer
Faculty Publications
No abstract provided.