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Adoption

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Full-Text Articles in Law

Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright Oct 2019

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

Danaya C. Wright

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' …


First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer Sep 2019

First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer

James G. Dwyer

No abstract provided.


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

Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore

Malinda L. Seymore

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 …


Grasping Fatherhood In Abortion And Adoption.Pdf, Malinda L. Seymore Dec 2016

Grasping Fatherhood In Abortion And Adoption.Pdf, Malinda L. Seymore

Malinda L. Seymore

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 …


The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock Sep 2016

The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock

Margaret F Brinig

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 …


Families By Law: An Adoption Reader, Naomi Cahn, Joan Hollinger Dec 2015

Families By Law: An Adoption Reader, Naomi Cahn, Joan Hollinger

Joan Hollinger

Since the mid-19th century, American law has recognized adoption as a way to create parent-child relationships. As the product of law, rather than blood, adoptive families have become a focal point for debates about the meaning of famly, the rights and responsibilities of parents, and the best interests of children. Familes by Law brings together diverse perspectives on contemporary aspects of adoption law and practice. Following a historical overview of adoption in American law and society, the reader presents different responses to concerns about who may place children for adoption, the status of birth parents, who may adopt, and the …


The Uniform Adoption Act: Reporter's Ruminations, Joan Hollinger Dec 2015

The Uniform Adoption Act: Reporter's Ruminations, Joan Hollinger

Joan Hollinger

No abstract provided.


Beyond The Best Interests Of The Tribe: The Indian Child Welfare Act And The Adoption Of Indian Children, Joan Hollinger Dec 2015

Beyond The Best Interests Of The Tribe: The Indian Child Welfare Act And The Adoption Of Indian Children, Joan Hollinger

Joan Hollinger

No abstract provided.


Openness In International Adoption, Malinda L. Seymore Sep 2015

Openness In International Adoption, Malinda L. Seymore

Malinda L. Seymore

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 important, …


A Child’S Right To A Family Versus A State’S Discretion To Institutionalize The Child, Richard R. Carlson Aug 2015

A Child’S Right To A Family Versus A State’S Discretion To Institutionalize The Child, Richard R. Carlson

Richard R Carlson

International law, represented particularly by the U.N. Convention of the Rights of the Child (CRC), declares that a child has the right to be raised in a "family environment." Nevertheless, the CRC grants states the discretion to institutionalize children who are without functioning families. States have this discretion because the CRC does not require states to arrange, facilitate, or even allow for child placement in a permanent, substitute family. In this article, I describe this contradiction in international law--a child's right a family environment versus the state's discretion to institutionalize the child--and I explore the possible reasons for the contradiction. …


God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle Jun 2015

God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle

Donald L. Beschle

No abstract provided.


Termination Of Parental Rights, J. Smithburn Jun 2015

Termination Of Parental Rights, J. Smithburn

J. Eric Smithburn

No abstract provided.


Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children, David M. Smolin Jan 2015

Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children, David M. Smolin

David M. Smolin

This article will argue that most surrogacy arrangements as currently practiced do constitute the “sale of children” under international law, and hence should not be legally legitimated. Hence, maintaining the core legal norm against the sale of children requires rejecting currently constituted claims of a right to procreate through surrogacy. Given the underlying purpose of all human rights law in maintaining the inherent human dignity of all human beings, a claimed legal right built upon the sale of human beings must be rejected.


Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis Jul 2014

Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis

Christina Lewis

No abstract provided.


If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush May 2014

If Black Is So Special, Then Why Isn't It In The Rainbow?, Sharon E. Rush

Sharon E. Rush

In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …


Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll May 2014

Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.


In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger Mar 2014

In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger

Bethany Berger

On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …


Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis Jan 2014

Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis

Christina Lewis

No abstract provided.


Legal Status And Effect On Children, Margaret F. Brinig, Steven L. Nock Oct 2013

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 Oct 2013

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 Oct 2013

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 Oct 2013

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.


All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr. Aug 2013

All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr.

Miller W. Shealy Jr.

No abstract provided.


Sending American Children Abroad: An Analysis Of U.S. Adoption Practices After The Ratification Of The Hague Convention On Intercountry Adoption, Jessica J. G. Johnson Jul 2013

Sending American Children Abroad: An Analysis Of U.S. Adoption Practices After The Ratification Of The Hague Convention On Intercountry Adoption, Jessica J. G. Johnson

Jessica J. G. Johnson

While many people accept the fact that Americans and Europeans regularly adopt children from foreign countries such as China and Ethiopia, a different trend is becoming more common today. American-born children are being adopted by people living in foreign countries. This fact is not in itself bad or immoral; however, it clearly violates the Hague Convention on International Adoption which was fully integrated into U.S. law in 2008. This treaty has a provision known as the subsidiarity rule which states that all available options within the home country must first be considered before allowing a child to be adopted by …


South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker Mar 2013

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …


Think Of The Children: Advancing Marriage Equality By Renewing The Focus On Same-Sex Adoption Litigation, Jacob M. Reif Feb 2013

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.


West Production, Jacob Grunbaum Jan 2013

West Production, Jacob Grunbaum

Jacob Grunbaum

No abstract provided.


Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox Jan 2013

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 …


Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein Dec 2012

Meeting The Challenges Of Adoption In An Internet Age, Mary Kate Kearney, Arrielle Millstein

Mary Kate Kearney

No abstract provided.


Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen Nov 2012

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …