Adoption Flashcards
what’s the process for adoption
- free child for adoption via consent of bio or termination of rights
- establish rights of adoptive parent
what are the exceptions to the usual 2 part adoption process
stepparent adoption: only terminates rights of absent noncustodial parent
second parent adoption: same sex partner becoming legal parent
how does discrimination play into adoption
adoption is mainly controlled by state law - some states allow adoption agencies to discriminate. can still discriminate against gays since not a suspect class
how does consent work for open adoption
must be voluntary, some states require the kid to be born, some require a few days after birth.
can you do an open adoption predicated on retaining parental rights in exchange for giving up the baby
no – retention of parental rights invalidates adoption. note that it’s rare to invalidate adoption though
true or false: some states do allow post-adoption contact agreement and if violated will just enforce it
true
describe consent for giving up kid to adoption
no fraud or duress, must be voluntary and knowingly made. sometimes have a set number of hours to withdraw consent after birth. generally irrevocable
when do we not need bio parent consent
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
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
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
what’s the bar for pre-placement evaluation
significant risk to harm
look for parent to siblings, qualities requested by bio parent, continuity, blood relation, characteristics of family and child
how does race play into adoption
swings back and forth. today: number of cross racial has increased.
what is an American Indian child
unmarried
under 18
member or bio child of tribe member
what are the Icwa placement preferences
-member of kid’s extended family
-member of tribe
-other injuns
must be followed in absence of good cause not to
what is good cause not to follow placement preferences
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
when does tribe have jdx
if Indian kid resides or is domiciled on reservation. if minor, domicile = domicile of bio parents
what if Indian kid isn’t domiciled on Indian land
state and tribe have concurrent
what if the Indian parent never have custody
no ICWA - doesn’t protect rights of parent who never had custody
what should the us consider under The Hague convention for international adoptions
child’s ethnic and cultural background
basic rules for artificial insemination under UPA 2017
-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
what does Oregon law say about artificial insemination
-donor is not legal father
- doesn’t matter if couple receiving kid is married
-if woman is married, husband needs to consent
what does UPA 2017 say about ovum donation
-donor has no obligations
-donor is anyone who provides gametes
-intent to stay in kid’s life affects if donor is actually a donor
what are some policy considerations for ovum donation
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
what does UPA 2017 say about in vitro
court will award embryos to party most likely to give them life
what are the four approaches to disputes, about embryos
- contract approach –> follow the k agreement, estoppel
- balancing of interests –> consider intent and expectation of parenthood
- contemporaneous mutual consent –> if can’t decide, embryos go to no one
- bring embryos to life –> whoever most likely to give life gets them
what are the kinds of surrogacy
traditional surrogacy –> surrogate is bio mom (disfavored!!)
gestational surrogacy –> surrogate carries someone else’s egg
what did UPA 2017 say about traditional surrogacy
requires court validation, surrogate has 72 hours after to birth to decide to allow adoption or no
describe surrogacy k’s
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
who wins if it’s genetic mom v. gestational surrogate
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
