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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, …


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.


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.


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.


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 …


Family Law's Challenge To Religious Liberty, Raymond O'Brien Apr 2012

Family Law's Challenge To Religious Liberty, Raymond O'Brien

Raymond C. O'Brien Professor

FAMILY LAW’S CHALLENGE TO RELIGIOUS LIBERTY Raymond C. O’Brien ABSTRACT Towards the end of the 1960s, states began to enact no-fault divorce; eventually every state would permit marriages to be dissolved without extensive litigation, often on the ground of separation for a minimum period of time, or irreconcilable differences. Such innovative family law legislation challenged the heretofore dominant worldview, which viewed marriage as dissoluble only when circumstances were extreme. Throughout the 1970s an increasing number of adult men and women cohabited as same and opposite sex couples; their rights as nonmarital cohabitants protected under expanding Constitutional guarantees and judicial decisions. …


Race Matters In Adoption, Ruth-Arlene W. Howe Oct 2011

Race Matters In Adoption, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

In Part I of this Essay, Professor Howe shares some personal concerns that the real needs of African American children and families are not met if race is ignored. The findings and recommendations of the May 2008 Evan B. Donaldson Adoption Institute paper: Finding Families for African American Children: The Role of Race & Law in Adoption From Foster Care are reviewed in Part II. Next in Part III., Professor Howe discusses the current Child Welfare League of America (CWLA) Standards of Excellence for Adoption Services - the lens through which the Adoption Institute assessed the efficacy of current federal …


To Grandmother’S House We Go: Grandparent Visitation After Stepparent Adoption, Peter Zablotsky Apr 2011

To Grandmother’S House We Go: Grandparent Visitation After Stepparent Adoption, Peter Zablotsky

Peter Zablotsky

No abstract provided.


Credit For Motherhood, Melissa Jacoby Dec 2009

Credit For Motherhood, Melissa Jacoby

Melissa B. Jacoby

This essay builds on prior work exploring the impact of consumer lenders who sell credit products for assisted reproduction and adoption. After reviewing some basic attributes of the parenthood lending market, the essay discusses how not-for-profit lenders promote traditional conceptions of motherhood and the division of carework in ways that credit discrimination laws were not designed to address. The essay also articulates some incentives of for-profit lenders to sell motherhood and potential implications for women who are ambivalent about becoming parents.


Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer Apr 2009

Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer

Jana B. Singer

No abstract provided.


The Debt Financing Of Parenthood, Melissa B. Jacoby Dec 2008

The Debt Financing Of Parenthood, Melissa B. Jacoby

Melissa B. Jacoby

In this contribution to the symposium Show Me the Money: Making Markets in Forbidden Exchange, I explore an under-appreciated participant in the assisted reproduction and adoption industries: consumer lenders. Through fertility clinics and other service providers, financial institutions market and distribute loans specifically to finance acquisition of treatments, drugs, and human eggs. Adoption foundations and agencies advertise for-profit loans to intended parents, while small foundations offer adoption loans that appear to be low-cost financially but may condition loan approval on intended parent characteristics such as religious observance, marital status, sexual orientation, and adherence to traditional gender roles. After discussing how …


Concept And Practice Of Laws Relating To Adoption In Different Religion And Modern Societies: Special Reference To The Law Of Islam, Abu Noman Mohammad Atahar Ali, Zafrin Andaleeb Dec 2008

Concept And Practice Of Laws Relating To Adoption In Different Religion And Modern Societies: Special Reference To The Law Of Islam, Abu Noman Mohammad Atahar Ali, Zafrin Andaleeb

Abu Noman Mohammad Atahar Ali

No abstract provided.


Show Me The Money: Making Markets In Forbidden Exchange, Kimberly D. Krawiec Dec 2008

Show Me The Money: Making Markets In Forbidden Exchange, Kimberly D. Krawiec

Kimberly D. Krawiec

As your parents doubtless told you, money can’t buy everything. Nearly all cultures reserve certain items, activities, and entitlements as inalienable for profit. It would be incorrect to assume, however, that the individual mental accounting, social norms, and laws regarding the proper scope of commercial activity are universal, preordained, or inflexible. In fact, researchers across disciplines have demonstrated both the malleability and context-dependency of individual mental accounting, and the socially constructed nature of relational boundaries and the accepted means of exchange within them, which vary across time and cultures. Moreover, technological innovation, social or political change, or other developments may …