Chp 6: Adoption Flashcards
When Marna was six months pregnant, she contacted an adoption attorney. The next month, represented by the attorney, she signed an agreement with Shannon and Pat that they could adopt her child. The day Marna gave birth to Dara, Marna decided she did not want to place Dara for adoption. She contacted her attorney to ask that her consent be rescinded.
Which of the following statements is accurate?
Marna’s pre-birth consent may not be valid in all states.
Exp: Most states require that the mother gives her consent after the child’s birth. See Uniform Adoption Act (1994) § 2-404 (1994); Ind. Code Ann. § 31-19-9-2 (2020) (“The child’s mother may not execute a consent to adoption before the birth of the child”).
Lisa was adopted at birth. She is now age 30, and Lisa and her spouse would like to have children in the near future. Before becoming pregnant, she would like to find her birth family.
Which of the following is accurate?
In most states, adoption records are sealed, so Lisa will not be able to access her original birth certificate unless she can show good cause.
Exp: In most states, adoption records are sealed. The Uniform Adoption Act (UAA) supports sealing adoption records for 99 years, and permits the release of identifying information through either a mutual consent registry or by a court order based on a finding of a “compelling” reason to do so. UAA §§ 6-102(d), 6-105; see Jessica Colin-Greene, Note, Identity and Personhood: Advocating for the Abolishment of Closed Adoption Records Laws, 49 Conn. L. Rev. 1271, 1278 (2017).
Nina is pregnant, and, through a private adoption agency, has arranged with Gina and Hubert to adopt her child. Gina and Hubert want to ensure that Nina is able to obtain adequate medical care and live comfortably during the pregnancy.
Which of the following payments can they not make in most states?
A $5000 gift to Nina when she relinquishes the child.
Exp: Gina and Hubert cannot make such a large gift. See, e.g., Wis. Stat. § 48.913 (2019) (gift limited to $100); Kan. Stat. Ann. § 59-2121 (2019) (receiving “excessive” fees is a felony); State v. Brown, 35 P.3d 910 (Kan. 2001).
Tory, who lives in State X, had a brief relationship with Ben. She became pregnant, but by the time she found out, they had broken up and she was no longer in touch with Ben. Tory decided to place the child for adoption. State X has a putative father registry that requires registration within the first 30 days after the baby’s birth.
Which of the following is most likely to be an accurate description of his rights to notice and consent to the adoption?
Ben can preserve his rights to notice and consent to the adoption by filing with the registry within the 30-day time period.
Exp: In states that have a registry, Ben can file to preserve his rights within 30 days of the birth. If he does not know about the birth, his rights will not be protected after the 30 days expires.
