CHILDREN Flashcards
GRISWOLD-contraception
- stat. made illegal for dr. to consult married women about contraception
- FUNDAMENTAL RT TO PRIVACY–> STRICT SCRUT.
**GOV. may intervene through REGULATION but NOT PROHIBITION
DANFORTH- abortion
required consent of the father before the woman could get an abortion
-UNCONST–> struck down
UPA 204(A)- PRESUMED TO BE FATHER IF:
- married and child born during
- married, child born within 300 DAYS after TERM. by death, annulment, decl. of validity or divorce
- BEFORE BORN, marries with COMPLIANCE
- VOLUNTARILY asserted paternity of child AFTER BIRTH, even if marriage could be INVALID
- for the first TWO YEARS lived in same house as child
PRESUMPTION OF LEGITIMACY
child of marriage is child of husband
UPA 2002-paternity evidence
no evidence related to paternity except genetic test
-court must pay IF child is PUB. ASSIST. RECIP.
WILLIAMS-RAYMOND- 3rd p. paternity suit
AS LONG AS PATERNITY NOT ESTAB. B4 HAND
ADOPTION (generally)
must disestablish paternity BEFORE (one mother, one father)
ADOPTION OF NEWBORNS
- IN FLORIDA–>
volun. relinquish. of rts, usually rts of mother
involunt. usually rts of mother
ABANDONED CHILDREN
gov adoption through agency
INDEPENDENT/OPEN ADOPTIONS
IND–> done by selves with assist. of lawyer
OPEN–> mother retains visitation rights
PRIVATE ADOPTION ACT OF 1979
allows parent of either a natural or legitimate child to execute a voluntary surrender of custody
RULES OF SURRENDER
- sign FREELY and VOLUN.
- INFORMED and UNDERSTAND term. of rts
- cant sign BEFORE 5th DAY following birth
- ATTORNEY PRESENT at execution
*lawyer may be “named” to preserve anonymity
CAN A MOTHER REVOKE CONSENT?
YES
- by written decl. within 30 DAYS after execution
- SOME irrevocable unless fraud or duress
ARE THERE EXCEPTIONS TO REVOCATION WITHIN 30 DAYS?
YES
-withdrawal will not prevent adoption if found in “best interest of child”
BEST INTEREST OF THE CHILD
- prefer PSYCHOLOGICAL over others (even natural)
- this is from CHILDS perspective
- HOW?
- day-to-day interact, companion, shared exp…
- WHO CAN FILL ROLE?
- biological parent or any other caring adult
- WHO CANT?
- never absent or inactive adult
WRONGFUL ADOPTION
- TORT
- MISREP. or WITHOLD info relating to the childs health or psychological background
STEP PARENT ADOPTION
- states have special rule governing
- term rts of NONCUSTODIAL parent old
- TYPICALLY consent by NON-CUST is req. BUT IN SOME STATES it may be waived ( ex. abandon or nonsupport)
ADOPTION ANNULMENT
STATES THAT DONT HAVE AA MUST PROVE:
- fraud
- misrep
- undue influence
TIMING OF CONSENT
VARIABLE but trend toward prohibition of pre-birth consent
LEHR RULE
if not married the biological father must take proactive steps to establish paternity (follow applicable statute)
ADOPTION OF KELSEY S.
-if unwed father promptly comes forward and demonstrates a full commitment to his parental responsibilities his federal constitutional right to DUE PROCESS prohibits termination of his parental relationship ABSENT A SHOWING OF UNFITNESS
UPUFA-Uniform Putative and Unknown Father Act
- protect putative father
- NOTICE that mother seeks to terminate
UAA- Uniform Adoption Act
PROTECTING CHILD’S INTEREST
- not subj. to challenge begun more than 6 months after decree ordered or satisfied
- “any ind. to adopt or be adopted by another for the purpose of creating a relat. of parent and child btwn them”
- no denial or placement solely based on race, national origin, or ethnic background
FSA 63.054- ACTIONS REQ. BY UNMARRIED BIO FATHER est. paternal rts
Florida Putative Father Registry
- TPR, termination of parental rights
- very similar to the UPUFA and UAA
HAGUE CONVENTION
deals with child abduction involving international marriages
-ratified by US bc of ICARA (international child abduction remedies act)
YODER CASE
- amish
- fundamental right to religious beliefs- 1st amend.
MEDICAL CARE
- obligation to patient
- definied by code of med. prof., practice, tort law, crim . stat.
- rts of medical professionals–> to act on behalf of patient without consent (BATTERY and/or PRESERVING life and limb)
WHAT CONSTITUTES NEGLECT?
-focus on child, NOT parent culpability
CAPTA, federal act about child care–> TAX AND SPENDING CLAUSE
-leads to INVOLUN. TERM. of RTs
