Adoption

Question 1

what’s the process for adoption

Answer 1

1. free child for adoption via consent of bio or termination of rights
2. establish rights of adoptive parent

Question 2

what are the exceptions to the usual 2 part adoption process

Answer 2

stepparent adoption: only terminates rights of absent noncustodial parent

second parent adoption: same sex partner becoming legal parent

Question 3

how does discrimination play into adoption

Answer 3

adoption is mainly controlled by state law - some states allow adoption agencies to discriminate. can still discriminate against gays since not a suspect class

Question 4

how does consent work for open adoption

Answer 4

must be voluntary, some states require the kid to be born, some require a few days after birth.

Question 5

can you do an open adoption predicated on retaining parental rights in exchange for giving up the baby

Answer 5

no – retention of parental rights invalidates adoption. note that it’s rare to invalidate adoption though

Question 6

true or false: some states do allow post-adoption contact agreement and if violated will just enforce it

Answer 6

true

Question 7

describe consent for giving up kid to adoption

Answer 7

no fraud or duress, must be voluntary and knowingly made. sometimes have a set number of hours to withdraw consent after birth. generally irrevocable

Question 8

when do we not need bio parent consent

Answer 8

neglect, desertion, abandonment

rape (some require conviction first)

if parent has failed to communicate or care for kid for a year without a good reason

Question 9

is a court order that a paren’t can’t have visitation a good reason to not make an effort to continue a relationship with your kids

Answer 9

no – you’re in control of ensuring you have a relationship and your consent won’t be needed for an adoption if you don’t see them

Question 10

what’s the bar for pre-placement evaluation

Answer 10

significant risk to harm

look for parent to siblings, qualities requested by bio parent, continuity, blood relation, characteristics of family and child

Question 11

how does race play into adoption

Answer 11

swings back and forth. today: number of cross racial has increased.

Question 12

what is an American Indian child

Answer 12

unmarried
under 18
member or bio child of tribe member

Question 13

what are the Icwa placement preferences

Answer 13

-member of kid’s extended family
-member of tribe
-other injuns

must be followed in absence of good cause not to

Question 14

what is good cause not to follow placement preferences

Answer 14

when alternative placement would comply with request of parent, extraordinary need of kid, or unavailability of placement after diligent search.

NOT just because they were placed with a white family. not a best interest determination

Question 15

when does tribe have jdx

Answer 15

if Indian kid resides or is domiciled on reservation. if minor, domicile = domicile of bio parents

Question 16

what if Indian kid isn’t domiciled on Indian land

Answer 16

state and tribe have concurrent

Question 17

what if the Indian parent never have custody

Answer 17

no ICWA - doesn’t protect rights of parent who never had custody

Question 18

what should the us consider under The Hague convention for international adoptions

Answer 18

child’s ethnic and cultural background

Question 19

basic rules for artificial insemination under UPA 2017

Answer 19

-donor is not father
- doctor doesn’t have rights
- husband must consent in writing before or after the birth for the kid to be kid of the marriage
—- or can prove with clear and convincing that there was an agreement, or he can hold kid out as his own for two years

Question 20

what does Oregon law say about artificial insemination

Answer 20

-donor is not legal father
- doesn’t matter if couple receiving kid is married
-if woman is married, husband needs to consent

Question 21

what does UPA 2017 say about ovum donation

Answer 21

-donor has no obligations
-donor is anyone who provides gametes
-intent to stay in kid’s life affects if donor is actually a donor

Question 22

what are some policy considerations for ovum donation

Answer 22

even if donors, is it constitutional to define them as donors and cut off rights? what if mom is saying the egg donor was a donor and dad said he loves her

Question 23

what does UPA 2017 say about in vitro

Answer 23

court will award embryos to party most likely to give them life

Question 24

what are the four approaches to disputes, about embryos

Answer 24

1. contract approach –> follow the k agreement, estoppel
2. balancing of interests –> consider intent and expectation of parenthood
3. contemporaneous mutual consent –> if can’t decide, embryos go to no one
4. bring embryos to life –> whoever most likely to give life gets them

Question 25

what are the kinds of surrogacy

Answer 25

traditional surrogacy –> surrogate is bio mom (disfavored!!)
gestational surrogacy –> surrogate carries someone else’s egg

Question 26

what did UPA 2017 say about traditional surrogacy

Answer 26

requires court validation, surrogate has 72 hours after to birth to decide to allow adoption or no

Question 27

describe surrogacy k’s

Answer 27

typically paid, but criminal in some states, some states make unilaterally voidable. UPA 2017 says k is enforceable if the intent was for it to be surrogacy

Question 28

who wins if it’s genetic mom v. gestational surrogate

Answer 28

at common law, birth wins. but when both women have claims of motherhood, look at intent.

genetic mother wins because she is the one who intended to bring about the birth and raise the kid