Adoption

Question 1

IV. Adoption

Answer 1

A. Jurisdiction

B. Agency or Private placement

C. Parental Consent

D. Effect of Adoption

E. Artificial Insemination by Donor

F. Gestational Agreements

G. Dissolution of Adoption

Question 2

IV.A. Jurisdiction

Answer 2

1. CL= Domicile of Adoptive parents
2. Modern Law=
   
   1. Sufficiently Strong Connection with the Child &
   2. Substantial Evidence Concerning Case is Present
      
      • Minor lived for >6 months
      • Prospective Parent lived >6 months & subst. Evidence
      • Agency located in state & Best Interests of Minor
      • Physical Presence & abandonment
      • OR
      • No Other State has Jurisdiction

Question 3

IV. B Agency and Private placement

Answer 3

1. Private- placed directly to adoptive parents from birth parents
2. Agency- authorization to place a child, certain preocdures internal.

Question 4

IV. C. Parental Consent

Answer 4

1. To Adoption- Required
   
   1. Objection of unmarried father= yes if Due process attaches
   2. No Objection
      
      1. no relationship with child (no Due process)
      2. Did not satisfy notice requirements (some States Statutes)
   3. Veto statutes for women must include men.
2. To Termination of Parental Rights= required unless parents shown unfit.

Question 5

IV. D. Effect of Adoption

Answer 5

1. Parental Rights and Obligations of Biological Parents Terminate AND
2. Creates New Parental Rights & Obligations in Adoptive Parents

Question 6

IV. E. Artificial Insemination by Donor

Answer 6

1. Parental Status of Donor= Not a Parent without express consent
2. General Presumptions of Maternity and Paternity Apply- if not applicable filiation or adoption proceedings may apply
   
   1. Woman who gives birth is mother
   2. Husband of woman who gives birth is Father

Question 7

IV. F. Gestational Agreement (Surrogacy Agreements)

Answer 7

1. The Agreement
   
   1. Gestational mother agrees to assisted reproduction
   2. All rights and duties relinquished by gestational mother and her husband
   3. Intended parents become parents of child
2. May not Limit right of gestational mother to make health decisions
3. Hearing to Validate Agreement- court reviews and validates
4. Termination of Agreement- written notice if before pregnancy
5. Parentage under Valid agreement- filed with court within 300 days that:
   
   1. Intended parents are parents
   2. Ordering child surrendered if necessary
   3. Direct Agency issue BC naming intended parents.
6. Effect of Subsequent Marriage of Gestational Mother- no effect
7. Effect of Nonvalidated Gestational Agreement= Not Enforceable
   
   1. Mother becomes legal mother, child can only be conveyed by adoption

Question 8

IV.G. Dissolution of Adoption

Answer 8

1. Traditionally no dissolution
2. Modernly only special circumstances, such as fraud or undisclosed disablity.