Adoption Flashcards
adoption effect
- terminates legal relationship between biological parents and their child (if not already), and
- established new legal relationship between parent and child
process of adoption
consent of both biological parents generally required
Consent of adoptee may be required of prospective adoptee over certain age (usually 12 or 14)
unwed father’s consent
may not be necessary if not assumed parental responsibility
BUT if considered fit to be a parent, has a constitutional right to have an opportunity to develop a quality relationship with his infant child
withdrawal of biological parent consent
After adoption: NOT allowed
Before adoption: may be allowed if court determines it’s in adoptee’s best interests
payment prohibited
generally prohibited beyond pregnancy-related medical expenses
ie, it’s illegal to buy and sell children
donor definition
one who produces sperm or an egg used for reproduction
Mother’s husband presumed to be father from artificial insemination
donor rights
generally NO parental rights to conceived child
UNLESS agreed to in writing by donor and parent(s)
surrogacy
aka gestational agreement
written agreement where a woman agrees to bear a child conceived through assisted reproduction for the intended parent
Most states allow and treat agreement as K
can provide egg
parties to surrogate agreement
intended parents
surrogate
surrogate’s husband (if she is married)
surrogacy agreement effect
surrogate relinquishes her rights and duties as a parent