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Full-Text Articles in Law

Protecting The Child's Best Interest: Defending Second-Parent Adoptions Granted Prior To The 2002 Enactment Of California Assembly Bill 25, Diana Lauretta Sep 2010

Protecting The Child's Best Interest: Defending Second-Parent Adoptions Granted Prior To The 2002 Enactment Of California Assembly Bill 25, Diana Lauretta

Golden Gate University Law Review

Sharon S. v. Superior Court is pending review before the California Supreme Court. This case may nullify second-parent adoptions granted in California prior to the enactment of Assembly Bill 25, which gave same-sex domestic partners the statutory right to adopt their partner's children. Section I will examine the factual history and majority and minority opinions in Sharon S. Next, Section II of this comment will survey the history of adoption law and California Assembly Bill 25. Finally, Section III of this comment will consider differing state court opinions regarding second-parent adoptions. Section III will also offer remedies to counteract potential …


Opening The Door To The Past: Recognizing The Privacy Rights Of Adult Adoptees And Birthparents In California's Sealed Adoption Records While Facilitating The Quest For Personal Origin And Belonging, Kathleen Caswell Sep 2010

Opening The Door To The Past: Recognizing The Privacy Rights Of Adult Adoptees And Birthparents In California's Sealed Adoption Records While Facilitating The Quest For Personal Origin And Belonging, Kathleen Caswell

Golden Gate University Law Review

This Comment urges that under California law, both adoptees and birthparents should have recognized constitutional rights to privacy in the information contained in court adoption files and original birth certificates. Part I examines the history of sealed adoption records in the United States and in California and how the social forces of the time contributed to the sealing of previously open records. Part II discusses the need for legislative reform by examining policy arguments supporting open records. Part III examines constitutional rights of privacy under the United States and California Constitutions respecting both birthparents and adoptees. Part IV argues that …


The Best Interest Of The Child: Eliminating Discrimination In The Screening Of Adoptive Parents, Jehnna Irene Hanan Sep 2010

The Best Interest Of The Child: Eliminating Discrimination In The Screening Of Adoptive Parents, Jehnna Irene Hanan

Golden Gate University Law Review

This comment will propose eliminating race and all factors that would be discriminatory in any other area of the law from consideration in adoption placement decisions, focusing instead on assessments of the parenting skills of individual prospective adoptive parents, and giving preference to foster parents or others who are already providing care to the child. Part II will discuss the historical precedents of today's adoption laws and show how the misperception of the adoptive family as inferior to the biological family helped to shape the current law. Part III will describe the process of adopting a child to demonstrate that …


The Sealed Adoption Records Controversy: Breaking Down The Wails Of Secrecy, Jason Kuhns Sep 2010

The Sealed Adoption Records Controversy: Breaking Down The Wails Of Secrecy, Jason Kuhns

Golden Gate University Law Review

This article will discuss the statutory history of adoption in the United States and advocate why a present day understanding of the interests of the parties to the adoption process requires that adoptees have greater access to these records. The author will examine the reasons why current statutory approaches do not adequately address adoptees' needs and recommend a procedural device that would sufficiently balance the interests of the parties to this controversy.


Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks Sep 2010

Redefining Parenthood: Child Custody And Visitation When Nontraditional Families Dissolve, Kristine L. Burks

Golden Gate University Law Review

This article offers a method of providing custody and visitation rights to individuals formerly involved in nontraditional relationships who function as children's parents but who lack the legal status of parent. The article considers a broad range of nontraditional families, including stepparents, same-sex partners, and unmarried heterosexuals. The article begins with a summary of California statutory law. The author examines how "parent" is defined and the limitations imposed on those falling outside that definition when they seek to assert rights to child custody and visitation. Next, the article focuses on three types of nontraditional relationships to illustrate how California courts …


Surrogacy In California: Genetic And Gestational Rights, Dale Elizabeth Lawrence Sep 2010

Surrogacy In California: Genetic And Gestational Rights, Dale Elizabeth Lawrence

Golden Gate University Law Review

Part I of this article contrasts the surrogacy controversy in California with the legislative response nationwide by examining the various underlying issues that must necessarily be considered by state legislatures. Although the surrogacy controversy raises issues that concern the nation and society as a whole, it should be resolved independently by each state's legislature. At the center of the debate lies the question of whether the practice of surrogacy is detrimental or beneficial to the contracting parties and to society. Part II examines a California judicial decision of first impression and compares it to other states' judicial decisions on surrogacy. …


Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler Sep 2010

Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler

Golden Gate University Law Review

This Comment explores the current statutory framework for adult adoption, the parameters of the legal relationship created, and the scope of the right to privacy issues involved in the exercise of this statutory right. In addition, possible motives individuals may have for utilizing adult adoption, the need for attorneys to identify potential problem areas for their clients, and the potential disadvantages of such a legal relationship, particularly with respect to the dynamics of the individuals' relationship, are discussed.


Survey: Women And California Law, Elaine Booras Sep 2010

Survey: Women And California Law, Elaine Booras

Golden Gate University Law Review

No abstract provided.


Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills Aug 2010

Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills

Sara C Mills

More than a quarter of Americans consider adoption at some point in their lives. During the adoption process, courts strive to promote and foster the children’s best interests, but this often involves discriminatory decisions that deprive older adoptive parents of the same opportunities as younger adoptive parents. Discrimination in adoption proceedings is nothing new, and legislators, courts, and scholars have explored how it impacts minorities, same-sex couples, single parents, and divorcees. However, age discrimination in adoption also exists, and courts condone it by approving placements that are dictated by private agencies’ discriminatory ideologies. This article thus provides the first systematic …


Foreword, Doriane Lambelet Coleman, Kenneth A. Dodge Apr 2010

Foreword, Doriane Lambelet Coleman, Kenneth A. Dodge

Law and Contemporary Problems

No abstract provided.


Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills Mar 2010

Perpetuating Ageism Via Adoption Standards And Practices, Sara C. Mills

Sara C Mills

More than a quarter of Americans consider adoption at some point in their lives. During the adoption process, courts strive to promote and foster the children’s best interests, but this often involves discriminatory decisions that deprive older adoptive parents of the same opportunities as younger adoptive parents. Discrimination in adoption proceedings is nothing new, and legislators, courts, and scholars have explored how it impacts minorities, same-sex couples, single parents, and divorcees. However, age discrimination in adoption also exists, and courts condone it by approving placements that are dictated by private agencies’ discriminatory ideologies. This article thus provides the first systematic …


Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson Jan 2010

Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson

Hofstra Law Review

No abstract provided.


Ghosts In The Postmodern Family, Annette Appell Jan 2010

Ghosts In The Postmodern Family, Annette Appell

annette appell

As legal theory and doctrine respond to the range and complexity of biological and social connections that increasingly compose families, they evoke a bionormative nuclear family framework for lesbian and gay families, stepfamilies and families created with outsourced reproductive materials or labor. This Article questions this approach because it disregards the complex foundational roles of biological relationships in American jurisprudence and fails to appreciate the unique aspects of kinship in these postmodern families. Instead, this Article anchors the postmodern family law movement in the physical, social and economic conditions that affect the most disaffected among us: those who are socially, …


Child Laundering And The Hague Convention On Intercountry Adoption: The Future And Past Of Intercountry Adoption, David M. Smolin Jan 2010

Child Laundering And The Hague Convention On Intercountry Adoption: The Future And Past Of Intercountry Adoption, David M. Smolin

David M. Smolin

The United States ratification of the 1993 Hague Convention on Intercountry Adoption became effective April 1, 2008, amidst a context of declining numbers of intercountry adoptions and increasing media attention to corruption and child trafficking in the intercountry adoption system. There is a need to sort out the connections between these events, and chart a course for the future. This article includes an extensive discussion of the work of preparation of the Hague Convention on Intercountry Adoption. The article demonstrates that concerns with child trafficking in the intercountry adoption system were a central impetus to the creation of the Convention. …


Price And Pretense In The Baby Market, Kimberly D. Krawiec Jan 2010

Price And Pretense In The Baby Market, Kimberly D. Krawiec

Faculty Scholarship

Throughout the world, baby selling is formally prohibited. And throughout the world babies are bought and sold each day. As demonstrated in this Essay, the legal baby trade is a global market in which prospective parents pay, scores of intermediaries profit, and the demand for children is clearly differentiated by age, race, special needs, and other consumer preferences, with prices ranging from zero to over one hundred thousand dollars. Yet legal regimes and policymakers around the world pretend that the baby market does not exist, most notably through prohibitions against “baby selling” – typically defined as a prohibition against the …


Cross-Country Adoption: A Call To Action, Anthony D'Amato Jan 2010

Cross-Country Adoption: A Call To Action, Anthony D'Amato

Faculty Working Papers

Although a free press is an integral part of democratic governance, intercountry adoption is one case in which the media makes it virtually impossible for governments to send children abroad for adoption. A country (State A) which gives up a child for intercountry adoption should receive a "credit" for that child which will entitle any other family within State A that may want to adopt a child to priority on the list at the Vatican. The second major function for the Intercountry Adoption Agency might be called the "annual report" function. All adoptive parents who take a child from the …


Establishing Legal Permanence For The Child, Donald N. Duquette Jan 2010

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 …


Trading-Off Reproductive Technology And Adoption: Does Subsidizing In Vitro Fertilization Decrease Adoption Rates And Should It Matter?, Daniel L. Chen, I. Glenn Cohen Jan 2010

Trading-Off Reproductive Technology And Adoption: Does Subsidizing In Vitro Fertilization Decrease Adoption Rates And Should It Matter?, Daniel L. Chen, I. Glenn Cohen

Faculty Scholarship

For those facing infertility, using assisted reproductive technology to have genetically related children is a very expensive proposition. In particular, to produce a live birth through in vitro fertilization (IVF) will cost an individual (on average) between $66,667 and $114,286 in the U.S. If forced to pay these prices out of pocket, many would be unable to afford this technology. Given this reality, a number of states have attempted to improve access to reproductive technology through state-level insurance mandates that cover IVF. Several scholars, however, have worried that increasing access in this way will cause a diminution in adoptions and …


Embryo Fundamentalism, Naomi R. Cahn, June Caborne Jan 2010

Embryo Fundamentalism, Naomi R. Cahn, June Caborne

GW Law Faculty Publications & Other Works

The battle for the future of assisted reproduction technologies (ART) has been joined. The tacit compromise underlying assisted reproduction - no laws are passed that even tangentially sanction embryo destruction and no laws are passed that intrude on the profitability of fertility treatments - may be coming to an end. As use of ART has increased, so have calls for supervision and oversight. In the wake of "Octomom" Nadya Suleman's use of in vitro fertilization (IVF) to give birth to octuplets, the calls to regulate assisted reproduction have become even more pressing. At the same time, religious communities ambivalent about …


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 Jan 2010

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 …


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.