10. Adoption (UCCJEA/UAA/UPA)

Question 1

What is required for adoption?

Answer 1

1) Natural parents’ consent
- Unless waiver/withdrawal before adoption decree entered (in child’s best interests) (notice + hearing for Adopting parent)
2) Child’s consent (at least 12 years of age)
3) Father’s consent
- Married
- NO veto (depends on father’s level of involvement re care/regular visits/admit paternity/child support)
4) Investigation + Court consent (most states)
5) Medical costs to natural parents (most states)

Question 2

What is required for jurisdiction to enforce adoption orders?

Answer 2

UCCJEA
Home state jurisdiction
- Child domiciled in state (at least 6 consecutive months before proceedings)
- Child domiciled in state during last 6 months + Parent/Guardian domiciled in state
NO home state jurisdiction
1) NO other state accepts home state jurisdiction/State has jurisdiction + petition already filed in State
2) Child + Parent have significant connection with State
3) Available substantial evidence re child care in State

Uniform Adoption Act (UAA)

• Child + Parent domiciled in state (6 months before proceedings)
• Adopting Parent domiciled in state (6 months before proceedings) + Substantial evidence re child care
• Adopting Agency domiciled in state + Substantial evidence re child care + Parent and Child’s significant connections with state
• Adopting Parent and Child physically present + Child was abused/neglected/abandoned
• NO other child accepting/declining jurisdiction + In child’s best interests

Question 3

What is required for assisted reproduction/in vitro fertilisation?

Answer 3

Uniform Parentage Act (UPA)

1) Parent intended to act as parent
2) Parent provides gamete/consent => Sperm mixed with frozen embryo
- UNLESS Parent died + NO written consent before Child’s birth

Question 4

What is required for surrogacy agreements?

Answer 4

Genetic surrogacy

• Surrogate uses own gamete
• Additional safeguards

Gestational surrogacy (UPA + most states)
- Surrogate uses other gamete