Family Law Commons^™

Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto

West Virginia Law Review

No abstract provided.

Corporate Family Law, Allison Anna Tait

Northwestern University Law Review

There is no such thing as corporate family law. But there are corporate families, and corporate families fight. What happens when corporate family members fight and the conflict is so severe that one or more of the parties wants out of the corporate relationship? Corporate law provides some solutions, but they are shaped by the assumption that all parties will bargain effectively for protections when seeking to exit a corporate relationship. Under this theory, family business is, after all, just business. The problem with this assumption is that corporate family members do not bargain the way that corporate law expects. …

Should Compensated Surrogacy Be Permitted Or Prohibited?, Cornell Law School. International Human Rights Policy Advocacy Clinic, National Law University, Delhi

Cornell Law Faculty Publications

Surrogacy provides a way for infertile people, as well as same-sex couples and single individuals, to become parents. Surrogacy is permitted in most states in the United States. In New York, however, surrogacy contracts are void and unenforceable according to a 1992 law. The Child-Parent Security Act of 2017 (the CPSA) would repeal this prohibition, make surrogacy agreements enforceable, and permit surrogates to be compensated for the gestational care they provide. In this report, we review the landscape of state laws in the United States, laws around the world, moral concerns that led to the adoption of the current New …

The Quality Of Life: From Roe To Quinlan And Beyond, Joseph Cincotta

The Catholic Lawyer

No abstract provided.

Arad Pinkas V. Committee For Approval Of Embryo Carrying Agreements Under The Embryo Carrying Agreements (Agreement Approval & Status Of The Newborn Child) Law, 5756-1996, Salim Joubran, Miriam Naor, Elyakim Rubinstein, Esther Hayut, Hanan Melcer

Translated Opinions

This petition seeks to increase access to the surrogacy process in Israel, which is in major part regulated in the Embryo Carrying Agreements (Approval of Agreement and Status of the Newborn) Law, 5756-1996 (hereinafter: Agreements Law), such that it will also apply to single-sex couples and to single people, either with or without a genetic link to the newborn. On July 17, 2017, the Embryo Carrying Agreements (Approval of Agreement and Status of the Newborn) (Amendment no. 2) Bill, 5777-2017, passed its first reading in the Knesset. Under this Bill, the circle of women eligible for the surrogacy process in …

Parents’ Perceptions Of The Lancaster Family Treatment Drug Court, Leah Engquist, Melanie Fessinger, Katherine Hazen

UCARE: Research Products

Juvenile dependency courts deal with cases that have allegations of child abuse or neglect by a parent or guardian. Lancaster's Family Treatment Drug Court (FTDC) is a problem-solving court that deals with cases of child abuse or neglect related to substance abuse. Parents on this track receive monthly team meetings, specialized services, and corrective measures. The research question of this evaluation was: "Do parents on the Family Treatment Drug Court perceive the court process more positively than parents who are not on the track (control)?" 144 parents completed an 11 item survey following their court hearings. Overall, both FTDC and …

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review (2009 - Present)

No abstract provided.

Report Of The Law Reform Committee On The 1996 Hague Convention On The Protection Of Children, Valerie Thean, Debbie Ong, Audrey Lim, Thian Yee Sze, Yvonne Tan, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

Modern litigation between spouses regarding their children is ofteninternational. Such cross-border disputes are especially common inSingapore, as an international commercial centre with a diverse andcosmopolitan society. More importantly, Singaporeans are becoming anincreasingly mobile labour force, working in international businesses.Orders made by Singapore courts involving local parties and local childrenwill increasingly require recognition and enforcement overseas.

Obergefell’S Ambiguous Impact On Legal Parentage, Leslie Joan Harris

Chicago-Kent Law Review

For more than thirty years, the central questions of the law of parentage have been when and to what extent determinations of legal parenthood should be based on biological relationship, marriage to a child’s biological parent, or functioning as or intending to be a parent. In Obergefell v. Hodges, the Supreme Court endorsed the claim that children whose parents are married are better off socially and legally than nonmarital children; its language could easily be taken to support legal rules that encourage or prefer childrearing within marriage. On the other hand, the Court’s argument assumes that the same-sex couple—both members—are …

Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine K. Baker

Chicago-Kent Law Review

This Article unpacks the relationship between the functional parenthood doctrine, constitutionally protected parental autonomy rights and intent-to-parent tests as they are applied in same-sex parenting relationships. It argues that, with the advent of same-sex marriage and second parent adoption, the functional parent doctrine is unnecessary and ultimately counterproductive to anyone interested in expanding legal recognition of non-traditional family forms. The functional parent doctrine asks courts to employ traditional understandings of parenthood (“Who acted like a parent?”) in assigning parental status.

These traditional understandings are usually, if not inevitably, dyadic, heteronormative, genetic, and gendered. In practice, the functional parent doctrine undermines …

Judicial Discretion V. Predictable Outcomes: A Review Of The 2016 Amendments To The Illinois Marriage And Dissolution Of Marriage Act, David E. Braden

Chicago-Kent Law Review

In 2015, the Illinois General Assembly comprehensively amended the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois legislators cited a desire to increase predictable outcomes and to minimize adversarial litigation as primary goals for passing this overall to Illinois’s marriage and divorce law. This Comment evaluates how the amendments advance the stated legislative goals of increasing predictable outcomes and minimizing litigation while maintaining flexibility for fact-specific decision-making through judicial discretion. While the results are mixed, this Comment identifies changes in key provisions to which practicing attorneys should take note.

Romantic Discrimination And Children, Solangel Maldonado

Chicago-Kent Law Review

In recent years, social scientists have used online dating sites to study the role of race in the dating and marriage market. This research has revealed a racialized and gendered hierarchy that disproportionately excludes African-Americans and Asian-American men. For decades, other researchers have studied the risks and outcomes for children who are raised in single-parent homes as compared to children raised by married parents.

Drawing on these studies, this Essay explores how racial preferences in the dating and marriage market potentially disadvantage the children of middle-class African-American women who lack or reject opportunities to intermarry relative to children of married …

Assisted Reproduction Inequality And Marriage Equality, Seema Mohapatra J.D., Mph

Chicago-Kent Law Review

In Obergefell v. Hodges, Justice Kennedy declared that “marriage is fundamental under the Constitution and [should] apply with equal force to same-sex couples.” This Article examines how the advent of marriage equality may impact the rights of same-sex couples to have biological children via assisted reproduction and surrogacy. Specifically, this Article points out the ways that the Obergefell decision affects the law of infertility. By the law of infertility, I mean the laws that require insurance coverage of infertility treatments and other assisted reproductive technologies (“ART”). Because same-sex couples are not able to have biological children with each other …

Parents, Babies, And More Parents, June Carbone, Naomi Cahn

Chicago-Kent Law Review

This Article makes two basic points. First, the three-parent family is here. Once states accept that parenthood does not depend on either biology or marriage, then three parents are inevitable unless the states go out of their way to rule that adults who otherwise meet their definitions of parenthood will not be recognized. Second, as three-parent family recognition increases, there are difficult questions on how to manage the status of each parent. This difficulty arises because the two major trends in the family law—the recognition of a multiplicity of family forms and the insistence on parental equality—are on a collision …

Reforming The Processes For Challenging Voluntary Acknowledgments Of Paternity, Jeffrey A. Parness, David A. Saxe

Chicago-Kent Law Review

Voluntary acknowledgements of paternity (VAPs) significantly determine male legal parentage at birth for many children born of sex to unwed mothers in the United States. VAP processes are chiefly dictated by the federal Social Security Act, which places certain mandates on states participating in federally-subsidized welfare programs. These processes include norms on effective VAP establishments and on VAP disestablishments, either via early rescissions (within sixty days) by signatories or via later contests (after sixty days) by challengers, including signatories. The norms are driven by the Act’s desire to increase reimbursements of state child welfare payments from unwed fathers regardless of …

Trending @ Rwu Law: Dean Yelnosky's Post: Spotlight On Faculty Teaching And Scholarship At Rwu Law, Michael Yelnosky

Law School Blogs

No abstract provided.

A Practical Solution To The Marriage Penalty, Margaret Ryznar

Pepperdine Law Review

In the federal income tax code, there is a marriage penalty resulting from tax brackets that do not double upon marriage. This marriage penalty persists despite universal condemnation of it, penalizing a significant portion of married women who work and many same-sex couples. This Article proposes a novel way to deal with this marriage penalty by creating a filing status for dual income couples that earn an amount within a particular percentage of each other. This filing status would be the same as the current married filing status, except it would double the rates of single filers by accommodating two …

The American Child Welfare System: The Inconspicuous Vehicle For Social Exclusion, Zachary Auspitz

University of Miami Race & Social Justice Law Review

No abstract provided.

The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams

Florida State University Law Review

Women’s abortion and parental decision-making in child rearing are constructed as polarized methods of decision-making in law, politics, and society. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This Article exposes the ground to be gained by crossing longstanding boundaries in …

The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Women’s abortion decision-making and parental decision-making in child rearing are constructed as polarized methods of decision-making. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This article exposes the ground to be gained by crossing longstanding boundaries in family law and reproductive …