Adoptions and Non-Marital Children

Question 1

what is a non-marital child

Answer 1

born to an unmarried woman

Question 2

what is the deal with discriminating against a non-marital child

Answer 2

distinctions based on non-marital child status are almost always unconstitutional
- Note — if you see any exam question where a child is denied benefits or rights (e.g., child support, govt. benefits, inheritance) due to their non-marital child status, it is likely invalid

Question 3

what is involved with a paternity suit

Answer 3

Establishing paternity — a paternity suit may be brought to establish a non-marital child’s biological parent
- Often brought by child or mother for the purpose of obtaining support from child’s father
- Once paternity is established, a duty of support attaches
- Additionally, father may seek visitation and custody rights

Question 4

what is considered admissible evidence in a paternity suit

Answer 4

in paternity actions, evidence may include:
- Blood or genetic tests, which parties may be required to take
- Prior statements regarding paternity by deceased family
- Medical testimony about a father’s sterility and/or probability of paternity based on time elapsed between birth and sex
- Admissions or acknowledgments by alleged parent

Question 5

what is an adoption and what is the effect of it

Answer 5

An adoption terminates the legal relationship between biological parents and their child (if not already terminated) and establishes a new legal relationship between parent and child

Question 6

what is the process for adoption

Answer 6

Consent of both biological parents generally required
- Unwed father’s consent may not be necessary if he has not assumed parental responsibility
- But an unwed father considered fit to be a parent has a constitutional right to have an opportunity to develop a quality relationship with his infant child

Consent of adoptee — may be required for prospective adoptees over a certain age (usually 12 or 14)

Question 7

what happens if the biological parent wants to withdraw their consent for adoption

Answer 7

Not allowed after adoption

Before an adoption decree is entered, withdrawal may be allowed if court determines it is in the adoptee’s best interests

Question 8

what’s the deal with payment being involved in the adoption process

Answer 8

Payment prohibited — most states prohibit adopting parents from paying money to biological parents beyond pregnancy-related medical expenses
- I.e., it is illegal to buy and sell children

Question 9

what are adoption alternatives

Answer 9

Procedures and arrangements such as artificial insemination, in vitro fertilization, embryo transplantation, and surrogacy have become increasingly common; however, the law has not provided uniformity on the rights of parties involved

Note — b/c there is inconsistency and lack of clarity on these issues, you are unlikely to see a question focused exclusively on adoption alternatives

Question 10

what kind of rights does a sperm/egg donor have

Answer 10

one who produces sperm or an egg used for reproduction generally does not have parental rights in a conceived child

Mother’s husband is generally presumed to be the father of a child born from artificial insemination
- Most states extinguish parental rights of sperm or egg donors
- Exception — donors may have parental rights if agreed to in writing by donor and parent(s)

Question 11

what’s the deal with surrogacy (e.g., gestational agreement)

Answer 11

where a woman agrees to bear a child conceived through assisted reproduction (i.e., using intended parents’ eggs or sperm or both) for the intended parents

Agreement — surrogate, surrogate’s husband (if she is married), and intended parents enter into a written agreement in which surrogate relinquishes her rights and duties as a parent
- Most states allow surrogacy in some form and treat the agreement as a K