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Family Law

Adoption

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Full-Text Articles in Law

Homosexuality And Adoption Of Children: A Bibliometric Analysis, Karthiayani A. Ms., Manika Kamthan Dr. May 2021

Homosexuality And Adoption Of Children: A Bibliometric Analysis, Karthiayani A. Ms., Manika Kamthan Dr.

Library Philosophy and Practice (e-journal)

This study is based on the bibliometric analysis of research publications that focus on highlighting the impact of homosexuality on the process of adoption of children. The primary objective of this study is to analyze the frequency of publications focusing on the impact of parental sexual orientation on the process of adoption in different countries. The data required for this study was collected from the Scopus database and was analyzed using VOSviewer software. Literature published from 2000 to January 2021 were extracted and analyzed. A total of 284 documents which are classified into articles, letters, editorials, conference papers, and reviews ...


Specialty Bar Associations And The Marketing Of Ethics: The Example Of The Academy Of Adoption Attorneys, Malinda L. Seymore May 2021

Specialty Bar Associations And The Marketing Of Ethics: The Example Of The Academy Of Adoption Attorneys, Malinda L. Seymore

Faculty Scholarship

In a world of lawyer jokes, memes of sleazy lawyers and the ubiquity of bad lawyers in television shows and movies, lawyers have reason to push back against negative public perceptions of lawyers’ ethics. This article examines the role of specialty bar associations, by using the example of the Academy of Adoption Attorneys, in marketing ethics to the public.

Specialty bar associations have been seen as sites of lawyer socialization and professionalism. Though there are thousands of specialty bar associations with aspirational ethical codes, the Academy of Adoption Attorneys is unusual among such associations in having a mandatory ethics code ...


“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank Jan 2021

“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank

Faculty Publications of the Center on Children, Families, and the Law

Metaphors provide the opportunity to make sense of our experiences and share them with others. The current research qualitatively examined interviews with adoptive parents who had adopted through intercountry or private adoptions. Throughout their interviews, each participant used at least one metaphor in describing their experiences of adopting and raising their child. Overarchingly, the metaphor of “Adoption is a journey” encapsulated parents’ experiences. To demonstrate the journey, parents used metaphors to describe the past, present, and future. Metaphors of the past focused on their child’s trauma and the origin of how the child came to join their family. Metaphors ...


Ethical Blind Spots In Adoption Lawyering, Malinda L. Seymore Jan 2020

Ethical Blind Spots In Adoption Lawyering, Malinda L. Seymore

Faculty Scholarship

Lawyers engaged in adoption work often call it “happy law,” and consider adoption – finding a child for yearning parents, finding parents for a needy child – an unmitigated good. That attitude can mask the fact that all adoption begins with loss. One family loses a child so that another family can gain one. A lawyer’s assurance that she is engaged in positive work can lead to ethical blind spots that ignore the complexities of adoption practice. And while the touchstone of adoption is the best interests of the child, the primacy in legal ethics of the interests of the client ...


Pregnant People?, Jessica Clarke Oct 2019

Pregnant People?, Jessica Clarke

Vanderbilt Law School Faculty Publications

In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that the law should stop treating the types of work either parent can do — such as purchasing a car seat, finding a pediatrician, or choosing a daycare — as exclusively the domain of the pregnant woman. The project’s primary aim is to undermine legal rules that assume a gendered division of labor in which men are breadwinners and women are caretakers. But Fontana and Schoenbaum argue their ...


Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore Mar 2019

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Faculty Scholarship

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be ...


Immigration, Adoption And Our National Identity, Shani M. King Jan 2019

Immigration, Adoption And Our National Identity, Shani M. King

UF Law Faculty Publications

In this Article, I tell the story of intercountry adoption. Our starting point is the beginning of the adoption process, with so-called “sending countries,” in which I explore the reasons that countries enter their children into the intercountry adoption market. We begin in the aftermath of World War II and continue until the present day. The story starts in Europe (specifically, in Germany, Greece, and Italy) and Japan. It then continues throughout the Korean War and the communist regime of Nicolae Ceauseacu, until present-day Russia and China. Next, I tell the story of receiving countries; I discuss the social, political ...


Promoting Permanency And Human Rights, Lauren Bartlett Jan 2019

Promoting Permanency And Human Rights, Lauren Bartlett

All Faculty Scholarship

An increasing number of children are being cared for exclusively by grandparents or extended family. The majority of these caregivers are raising children outside of the foster care system without a formal legal status. In fact, kinship diversion, placing children whose parents cannot or will not care for them with family or friends outside of the foster care system, is encouraged by state and federal law. Informal kinship caregivers face many obstacles to providing care for children and they are more likely to be unemployed, receive government benefits, and be less educated, as compared with parents raising their own children ...


Why Baby Markets Aren’T Free, Dorothy E. Roberts Jan 2018

Why Baby Markets Aren’T Free, Dorothy E. Roberts

Faculty Scholarship at Penn Law

Creating families in the twenty-first century increasingly happens in markets where the buying and selling of reproductive goods and services are facilitated by advanced technologies, the internet, contracts, and state laws and policies. Thus, the title of this international congress—“Baby Markets”—aptly captures a key aspect of modern reproduction. The ability of potential parents to engage in market transactions involving children enhances parents’ autonomy over their family lives. The free market seems to liberate us from the constraints of biology and state control.

This Essay argues, however, that baby markets aren’t free. Three aspects of the way reproductive ...


The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law May 2017

The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore May 2017

Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore

Faculty Scholarship

Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy--it is easy ...


Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck Jan 2017

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 ...


Family Law Legislative Update, Jason Zarin Jan 2017

Family Law Legislative Update, Jason Zarin

Law Faculty Publications

The Virginia General Assembly adjourned sine die on April 5, 2017. One bill affecting adoption was successfully vetoed, and several bills affecting adoption were enacted. Following is a preview of some possible legislation that may be introduced for the 2018 session.


Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks Jan 2017

Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks

Articles

This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.

These proposals disregard the mother's existing parental ...


Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick Jan 2017

Racial Anxieties In Adoption: Reflections On Adoptive Couple, White Parenthood, And Constitutional Challenges To The Icwa, Addie C. Rolnick

Scholarly Works

The Indian Child Welfare Act (ICWA) is under fire from people who argue that it interferes with adoptions and violates the constitution by doing so. The current crop of lawsuits is an outgrowth of a 2012 case in which the Supreme Court heard its second-ever challenge to the law. While the Court sidestepped the most far-reaching anti-ICWA arguments, the majority opinion evidenced a deep skepticism about the law. This skepticism led the Court to narrow the law’s application so that it didn’t apply to the family involved, and it seemed to invite further challenges to the law.


Constitutional Parentage, Joanna L. Grossman Jan 2017

Constitutional Parentage, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.


Understanding Your Domestic Relations Rights In Virginia, 2016-2017, Julie Ellen Mcconnell Jan 2016

Understanding Your Domestic Relations Rights In Virginia, 2016-2017, Julie Ellen Mcconnell

Law Faculty Publications

The Metropolitan Richmond Women’s Bar Association has published this booklet to help you understand the general legal circumstances that you may face in resolving domestic relations problems under Virginia law. Each person faces unique circumstances that may not be specifically addressed in a broad overview. This booklet is not intended to provide specific advice to you or to address your specific situation. You should use this document only as an introduction to understanding your legal rights.

This booklet is based on laws in effect in Virginia on July 1, 2016. Because laws are always subject to change, you should ...


Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness Jan 2016

Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness

Law Faculty Scholarly Articles

This Article is concerned with the effect of adult adoptions on the inheritance rights (in the broad sense of that term) of adult adoptees. The Article contends many adult adoption statutes assume the existence of a parent-child relationship in which the adopter is the “parent” and the adoptee is a “child” even though this is not true of all adult adoption cases. In addition, legislatures and courts frequently fail to differentiate between “quasi-familial” adoptions and “strategic” adoptions, particularly where inheritance rights are concerned.


Reflections On Obergefell And The Family-Recognition Framework's Continuing Value, Suzanne B. Goldberg Jan 2016

Reflections On Obergefell And The Family-Recognition Framework's Continuing Value, Suzanne B. Goldberg

Faculty Scholarship

Unlike a typical law review essay, I offer reflections here based largely on my own past work in LGBT rights advocacy. Together with related scholarship, I rely on these experiences to argue that the 'family recognition" framework underlying earlier advocacy has value going forward, even after the Supreme Court's ruling in favor of nationwide marriage equality.


Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell Jan 2016

Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell

Sociology Department, Faculty Publications

This paper addresses how the law affects LGBQ-parent families. We first outline the legal landscape that LGBQ parents face in the US, underscoring that it varies drastically by state and creates inequity for families. Reviewing existing social science research, we then address how the law affects three processes for LGBQ people: desiring parenthood, becoming a parent, and experiencing parent- hood. Our review indicates that the law affects if and how LGBQ people become parents. LGBQ people consider the law as they make decisions about whether to pursue adoption, donor insemination, or surrogacy and often view the latter two pathways as ...


Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright Oct 2015

Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright

UF Law Faculty Publications

This Article examines how more than 50% of children living today may be disadvantaged by 1950s era inheritance laws that privilege and protect only those children living in nuclear families with their biological parents. Because so many children today are living in blended families — single-parent families, lesbian, gay, bisexual, transgender, or queer/questioning (LGBTQ) families, or are living with relatives — their right to inherit from the persons who function as their parents are severely limited by most state probate codes, even though they would likely be entitled to child support under the parent-child definitions of most of those states' family ...


Openness In International Adoption, Malinda L. Seymore Mar 2015

Openness In International Adoption, Malinda L. Seymore

Faculty Scholarship

After a long history of secrecy in domestic adoption in the United States, there is a robust trend toward openness. That is, however, not the case with international adoption. The recent growth in international adoption has been spurred, at least in part, by the desire of adoptive parents to return to closed, confidential adoptions where the identity of the birth mother is secret and there is no ongoing contact with her. There is, however, an emergent interest in increased openness in international adoption, spurred by the success of domestic open adoptions, health concerns when an adoptee's genetic history is ...


Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra Jan 2015

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Separated At Adoption: Addressing The Challenges Of Maintaining Sibling-Of-Origin Bonds In Post-Adoption Families, Rebecca L. Scharf Jan 2015

Separated At Adoption: Addressing The Challenges Of Maintaining Sibling-Of-Origin Bonds In Post-Adoption Families, Rebecca L. Scharf

Scholarly Works

This Article explores the ways children, many of whom are in foster care, are psychologically harmed by the law’s failure to ensure that the bonds they have with their siblings-of-origin are not permanently broken when one of the siblings is adopted; it therefore proposes ways that courts can better protect children from the psychological harm of having a biological sibling permanently removed from their life. It suggests that what is needed is a framework that allows visitation by biological siblings with whom children have formed attachments without unnecessarily intruding on the fundamental liberty interest of the adoptive parents at ...


Starting An Adoption Agency And The Major Benefits Of Adoption, Dylan D. Lingerfelt Apr 2014

Starting An Adoption Agency And The Major Benefits Of Adoption, Dylan D. Lingerfelt

Senior Honors Theses

Adoption impacts families’ lives. There are many benefits of adoption. Some key concepts of adoption are what the process of adoption entails and the different decisions potential adoptive parents need to make when starting the process, a philosophy and mission in terms of a business entity and their importance to an adoption firm, how to start a law firm as a business within the United States, and how to adapt that business to expand to areas like South Asia. South Asian etiquette issues need to be considered and understood from a business perspective. Another area to consider when doing international ...


Remove Time Limits On Reunification; Choose Guardianship Over Adoption, Stephen Butts Feb 2014

Remove Time Limits On Reunification; Choose Guardianship Over Adoption, Stephen Butts

GGU Law Review Blog

No abstract provided.


Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey Jan 2014

Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey

Law Student Publications

This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act, the legislative history of ...


Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr. Jan 2014

Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.

Faculty Scholarship

No abstract provided.


Terminating Parental Rights Through A Backdoor In The Virginia Code, Dale Margolin Cecka Jan 2013

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 Jan 2013

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 ...