Family Law Commons^™

First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer

Faculty Publications

No abstract provided.

The Parent Trap: Differential Familial Power In Same-Sex Families, Deirdre M. Bowen

William & Mary Journal of Race, Gender, and Social Justice

Do intact same-sex couples where one member of the couple became pregnant with assisted reproduction or was the primary adopter, and the other member became a parent through second parent adoption, understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around those who can claim the true status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven legal protections …

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 …

Family And Juvenile Law, Lynne Marie Kohn

University of Richmond Law Review

No abstract provided.

The Multiethnic Placement Act: Threat To Foster Child Safety And Well-Being?, David J. Herring

University of Michigan Journal of Law Reform

Despite the efforts of public officials to reduce the time children spend in foster care, many children live in foster homes for a substantial portion of their childhoods. In fact, a child placed in a foster home may remain in that home for an extended period, with a significant possibility of remaining there permanently. In light of this situation, the decision to place a child in a particular foster home is extremely important.

The federal Multiethnic Placement Act ("MEPA ") significantly affects foster care placement decisions. This law expressly prohibits public child welfare agencies from delaying or denying a child's …

Transracial Adoption Of Black Children: An Economic Analysis, Mary Eschelbach Hansen, Daniel Pollack

ExpressO

The anti-discrimination law governing placement of children in foster care and adoption was intended to speed the adoption of Black children who could not be reunited with their families of origin. Only recently have two states been fined for violating this decade-old law. Based on our analysis of administrative data collected by the Children’s Bureau of the U.S. Department of Health and Human Services, we conclude that more vigorous enforcement of the anti-discrimination law in adoption could result in significant gains to Black children. We find that Black children spend more time as legal orphans than children of other races …

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 …

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. …

Tradeoffs In Formulating A Consistent National Policy On Adoption, Mary Eschelbach Hansen, Daniel Pollack

ExpressO

Just as the courts must consider the tradeoff between the best interest of the child and parental rights in involuntary termination of parental rights, policy on international adoption must consider the tradeoffs between the best interest of the child and the long-term interests of the nation. We argue that countries that suspend international adoptions do not maximize social welfare. A consistent national policy to maximize the well-being of the children and society at large would be to devote resources today to the oversight of international adoption in accord with child protections under the Hague Convention, while at the same time …

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Embryo Donation: The Government Adopts A Cause, Jaime E. Conde

William & Mary Journal of Race, Gender, and Social Justice

The disposition of cryopreserved supernumerary embryos has become a divisive issue that puts to test the tenets of the "culture of life" promoted by the Vatican and President George W. Bush. The Bush administration has spent millions of dollars to promote "embryo adoptions" while imposing restrictions on federal funding for embryonic stem cell research. On the other hand, contemporary Catholic moral theologians and philosophers disagree on the question of the morality of embryo "rescue" or "adoption" because the Church strongly opposes in vitro fertilization, the donation of gametes and embryo cryopreservation, as evidenced recently during the Italian fertility law referendum. …

The Regulation Of Intercountry Adoption, Mary E. Hansen, Daniel Pollack

ExpressO

As of January 2006, the United States was the only major receiver of children through intercountry adoption that had not implemented the 1993 Hague Convention on Intercountry Adoption. The U.S. signed the Hague Convention in 1994, but did not pass implementing legislation until 2000. Regulations pursuant to the legislation were proposed in 2003, but final regulations did not go into effect until March 2006. The slow pace was partly the result of Congressional wrangling over designation of a regulator and partly the result of a prolonged conversation between the designated regulator and the adoption community over specific regulations.

Finalization of …

Recognizing The Expertise Of Children And Families, Ann M. Haralmbie

Nevada Law Journal

No abstract provided.

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 …

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

William & Mary Bill of Rights Journal

No abstract provided.

Legal Representation Of Birth Parents And Adoptive Parents, Elizabeth Samuels

All Faculty Scholarship

The Article examines the role that legal representation of birth and prospective parents may or may not play in independent domestic adoptions in furthering two primary goals that characterize ethically and humanely conducted adoptions, deliberate decision making and finality. Ideally, these two goals are complementary and can be balanced with one another. There is, however, a danger of the second goal eclipsing the first. Many state laws appear to value an increase in infant adoptions over the goal of encouraging careful deliberation. Most domestic infant adoptions involve powerful market forces as well as powerful emotional pressures, and they occur in …

A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer

Villanova Law Review (1956 - )

No abstract provided.

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 …

Seeking Different Treatment, Or Seeking The Same Regard: Remarketing The Transracial Adoption Debate, Angela Mae Kupenda

Journal Articles

The transracial adoption discourse mistakenly has been phrased as a request for black children awaiting adoption to be treated different from white children and to be placed with parents of like race only. This paper urges a remarketing of the transracial adoption debate to reflect a request based on sameness, not difference. The request presented here is not a request for different treatment for black children. Rather, it is for black children to be given the same regard that is given to white children. This request is illustrated with the story of a black couple seeking to adopt healthy, fat …

Oklahoma's Parentless Child: Determining The Best Interests Of The Child By Making Multilateral Adoption Decisions, Cara Rodriguez

Oklahoma Law Review

No abstract provided.

Adoption With Contact Law Awaits Governor's Signature, Elizabeth Samuels

All Faculty Scholarship

No abstract provided.

The Open-Records Debate: Balancing The Interests Of Birth Parents And Adult Adoptees, Caroline B. Fleming

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Unwed Fathers' Rights In Adoption: The Virginia Code Vs. The Uniform Adoption Act, Erin Green

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Search For Reason In Fairy Tales, John F. Fernandez

St. Thomas Law Review

A fairy1 tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission …

Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry

St. Thomas Law Review

This article addresses the question of whether some gay and lesbian adults should be permitted to adopt any children in the State of Florida, especially children with special needs. Part I more clearly describes children with special needs. Part II discusses who may adopt special needs children. Part III briefly covers gay and lesbian adoption statistics. Part IV sets forth general and specific factors that may be used in determining whether a particular gay man or lesbian is suitable for adopting children in Florida. This section also enumerates and discusses reasons that are offered to support bans on same-sex adoption. …

Trends On (Inter-Country) Adoption By Gay And Lesbian Couples In Western Europe, Paul Vlaardingerbroek

St. Thomas Law Review

In this article I will analyze Western European developments in the field of (inter-country) adoption by homosexuals. Some countries have accepted the legal possibility of adoption by homosexual individuals and/or couples, although this does not mean that in all cases children can be adopted by lesbian and gay persons. There are several restrictions on intercountry adoption. The jurisprudence of the European Court on Human Rights with regard to adoption by homosexuals is still rather restrictive. In this article, I will analyze the following questions: whether it is a human right to adopt or to be adopted; and, if adoption should …

Cautionary Tales Of Adoption: Addressing The Litigation Crisis At The Moment Of Adoption, Elizabeth Brandt

Articles

No abstract provided.

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 (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 limit the likelihood of future disruption …

Time To Decide? The Laws Governing Mothers' Consents To The Adoption Of Their Newborn Infants, Elizabeth Samuels

All Faculty Scholarship

Adoption in the United States is a complex patchwork of law and practice that involves payments of nearly two billion dollars annually in fees and expenses. The adoptions that involve domestically born, voluntarily placed infants raise unique issues. In these as in all adoptions involving parental consent, two generally accepted goals of ethical and humane practice are first, avoiding unnecessary separation of families by ensuring that birth parents make informed and deliberate decisions and second, protecting the finality of placements. The two goals are ideally complementary, but in the case of domestic infant adoptions, there is a danger that pressure …

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.