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Articles 31 - 60 of 99
Full-Text Articles in Law
Remove Time Limits On Reunification; Choose Guardianship Over Adoption, Stephen Butts
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
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.
Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.
Faculty Scholarship
No abstract provided.
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 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 …
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.
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.
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
Faculty Scholarship
This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …
Every Adolescent Deserves A Parent, Dale Margolin Cecka
Every Adolescent Deserves A Parent, Dale Margolin Cecka
Law Faculty Publications
This article argues that all adolescents, indeed all human beings, deserve at least one parent—one person who takes the good with the bad because that person’s life is intertwined with the child’s. The child matters to the parent in a way that a friend, nephew, or foster child may not. Child welfare professionals must never lose sight of this principle when they recruit, train, and maintain parents for adolescents. The parent can be someone who is already in the young person’s life or someone who has been unable to parent in the past, but is now ready to secure that …
Nature And Nurture: Revisiting The Infant Adoption Process, Barbara L. Atwell
Nature And Nurture: Revisiting The Infant Adoption Process, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
Adopted children constitute approximately two percent of the United States' childhood population, but are disproportionately represented in mental health settings, where they make up an estimated four to fifteen percent of the population. Science suggests that for those adopted at birth, this discrepancy may be due in part to their abrupt removal from the biological parents. We are now beginning to understand the importance of the bonding that takes place in utero and the infant's awareness at birth. This article suggests three changes to the infant adoption process to align it with scientific knowledge. First, all adults involved in the …
Children's Interests: An Annotated Bibliography, 2010-12, Nancy Levit
Children's Interests: An Annotated Bibliography, 2010-12, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2008. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.
Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll
Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll
Journal Articles
No abstract provided.
Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka
Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka
Law Faculty Publications
As child welfare professionals, we have all encountered the “missing” record, most often during day-to-day advocacy. For those who practice child welfare tort litigation, incomplete discovery is also common, even though case records can be critical in determining negligence or malfeasance. In other forms of civil litigation, judges are asked to hold parties accountable for losing or destroying records, and juries are allowed to draw negative inferences about the missing evidence. In contrast, an investigation of child welfare torts reveals that when a defending agency fails to produce credible records, the issue is simply not litigated or does not affect …
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.
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
Journal Articles
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.
Cutting Edge Issues In Family And Matrimonial Law: An Annotated Bibliography, Nancy Levit
Cutting Edge Issues In Family And Matrimonial Law: An Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated. Property-related issues will appear in the fall 2011 bibliography.
Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders
Interstate Recognition Of Parent-Child Relationships: The Limits Of The State Interests Paradigm And The Role Of Due Process, Steve Sanders
Articles by Maurer Faculty
How secure are the legal relationships between gay or lesbian parents and their children when those families move from one state to another? What happens when a non-biological parent who has been legally recognized as a full parent under the laws of one state moves with her same-sex spouse and their child to a different state where public policy is unfriendly toward same-sex relationships? Or what happens when a same-sex couple adopts a child, thus becoming its full legal parents, then seeks recognition of their parental status in a different state?
In this Article I argue that the traditional doctrines …
Establishing Legal Permanence For The Child, Donald N. Duquette
Establishing Legal Permanence For The Child, Donald N. Duquette
Book Chapters
This chapter is intended to identify options for legal permanency that state law and the federal Adoption and Safe Families Act of 1997 (ASFA) commonly recognize to better serve children in foster care. Ideally, the child will ultimately return safely to his or her home of origin. But when a return home is not possible, the child welfare legal process should result in a safe and legally secure alternative permanent placement for the child. The emphasis on legally secure permanent placement is meant to provide the child with psychological stability and a sense of belonging and to limit the likelihood …
Where Cultures And Sovereigns Collide: Balancing Federalism, Tribal Self-Determination, And Individual Rights In The Adoption Of Indian Children By Gays And Lesbians, Steve Sanders
Articles by Maurer Faculty
This article analyzes the complex interplay between adoption (traditionally a matter reserved to state family law) and the federal Indian Child Welfare Act in the context of adoptions by gays and lesbians.
As a federal statute that partially preempts state law for the benefit of Native Americans, ICWA implicates three sovereigns: the United States, the state where the adoption petition is brought, and the tribe whose child is the focus of the proceeding. This interplay of sovereigns in itself makes Indian child welfare law complicated and interesting. Beyond these sovereign interests, also to be considered are the interests and rights …
A Suggested Solution To The Problem Of Intestate Succession In Nontraditional Family Arrangements: Taking The "Adoption" (And The Inequity) Out Of The Doctrine Of "Equitable Adoption", Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
Part I of this Article examines the doctrine of equitable adoption, focusing on its deficiencies in addressing some of the issues of the modern family. Part II considers the specific issue of intestate succession, the way that the equitable adoption doctrine falls short in providing a consistent rational result of heirship in the modern family, and the reasons for expanding inheritance rights to “family members” claiming an intestate share despite the fact that they were not born into or legally adopted into the family arrangement. Part III proposes answers to these difficult problems, suggesting a statutory provision defining “child,” for …
Foreword: Assisted Reproductive Technology And The Law, Mary P. Byrn
Foreword: Assisted Reproductive Technology And The Law, Mary P. Byrn
Faculty Scholarship
This foreword introduces Issue 2: Assisted Reproductive Technology and the Law of the 35th Volume of the William Mitchell Law Review. It begins by outlining the author's personal experience with ART, and contrasts her reasoning for using ART with the traditional need for ART. Finally, it lists some of the many legal questions yet to be conclusively answered.
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.
The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock
The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock
Journal Articles
Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either …
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
Faculty Publications
No abstract provided.
Are You Still My Mother?: Interstate Recognition Of Adoptions By Gays And Lesbians, Rhonda Wasserman
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
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 …
Adoption, Elizabeth Samuels
Adoption, Elizabeth Samuels
All Faculty Scholarship
In historical terms, the legal institution of adoption in the United Slates is relatively new. It was between the mid-1800s and the 1920s that the states began to pass laws providing for the adoption of children. Before then children had been adopted informally and in some instances by individual legislative acts, or they had come to live with other families under indenture contracts or as a result of legislation authorizing charitable organizations to place children. Under these new adoption statutes, initially the court records of adoptions were not subject to confidentiality, and adopted children were not issued new birth certificates. …
The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort
The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort
Articles
This article responds to Judge Tacoma’s suggested changes in Michigan law. It begins with a very brief history of child welfare legislation at the federal and state levels. Next, it points out a number of errors in Judge Tacoma’s understanding of the current state of Michigan’s child welfare law.2 It is necessary to point out these errors because it seems that his misstatements of the law form the foundation for his recommended reforms. Then it will respond point-by-point to many of Judge Tacoma’s recommendations. Finally, I will off er several suggestions for addressing the problem of legal orphans that do …
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
Faculty Scholarship
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 …
Adoption Consents: Legal Incentives For Best Practices, Elizabeth Samuels
Adoption Consents: Legal Incentives For Best Practices, Elizabeth Samuels
All Faculty Scholarship
When a state places its legal imprimatur on the unmaking of one family and the making of another, the state should insure to the greatest extent possible that all the individuals involved have followed or have been afforded the best practices that ethics and humanity demand. The Uniform Adoption Act sets out commonly accepted goals of state adoption laws, among them the goals of protecting minor children against unnecessary separation from their birth parents and of ensuring that a decision by a birth parent to relinquish a minor child and consent to the childs adoption is informed and voluntary. With …