Determining a Child's Status Flashcards
How can paternity be established?
(1) executing a notarized affidavit acknowledging paternity; or
(2) marrying the mother of the child
When will a court terminate a parent’s rights?
When the court finds that the parent has abandoned, abused, neglected, or endangered the child.
When can a court disestablish paternity?
(1) scientific test proves male petitioner is not the father
(2) male petitioner didn’t adopt the child
(3) the child is under the age of 18 when the male petitioner asserts his petition to disestablish paternity
When can a court deny a petition to disestablish paternity even if the male petitioner is not really the father?
(1) the male petitioner knew, but married the mother and assumed parental obligations and paid child support
(2) the male petitioner knew he wasn’t the father, but acknowledged paternity in a sworn statement
(3) the male petitioner knew he wan’t the father but consented to be on the birth certificate
(4) if the male petitioner knew he wasn’t the father, but promised in writing to support the child and was required to support based on that promise
(5) if the male petitioner received a statement from a state agency saying that he needed to submit to scientific testing and disregarded the notice
What are the three alternative prerequisites for adoption?
(1) both bio parents have died
(2) both bio parents consent
(3) parental rights have been terminated by a court order (or are subject to termination)
What is the home study?
determines suitability of the intended adoptive parents. adoption entity must report an intended placement of a minor for adoption with any person not a relative or stepparent, if the adoption entity participates in the intended placement
What is an at-risk placement?
when the minor is places in the prospective adoptive home before the parental rights of the minor’s parents are terminated
What happens if the child is more than 6 months old when parental consent is given for adoption?
The consent is subject to a three-day waiting/revocation period. After the revocation period has expired, a court may void a prior consent based on a finding of fraud or duress
What if the mother consents to adoption, but the father doesn’t?
If the child is less than 6 months old, the bio father who objects must take action before the mother executes her consent to adoption and he must:
(1) file a notarized claim for adoption
(2) show that he is able to take responsibility and tell the court he will care for the child; AND
(3) show that he contributed reasonable amounts to pregnancy expenses
If the child is more than 6 months old, the court only requires the consent of the unmarried bio father if:
(1) he developed a relationship with the child;
(2) took a measure of responsibility;
(3) gave financial support; or
(4) has contact on a regular basis
When are children eligible for adoption?
If their parents are deceased or have had their parental rights terminated
What is the rule for adoption of children over age 12?
Children over age 12 must give their consent to be adopted; the court may override a refusal to consent if it determines the adoption is in the child’s best interest.
What is the rule for adopting adults?
(1) the adult adoptee must consent to the adoption in writing;
(2) if there’s a spouse, the spouse must consent to the adoption in writing; and
(3) the adult adoptee’s birth parents must be notified of the adoption proceeding
What is the hierarchy of preference for adoption after the death of both parents and no will designating a guardian for their minor children?
(1) grandparents
(2) other legal relatives
(3) unrelated person may adopt, like foster parents
What are the two types of surrogacy?
(1) traditional surrogacy - uses husband’s sperm with surrogate providing genetic material
(2) gestational surrogacy - using a surrogate w/ an embryo created with husband’s sperm and wife’s egg implanted in the surrogate
What is the agreement for a traditional surrogacy?
Pre-planned adoption agreement. Volunteer mother agrees to bear a child and relinquish all parental rights.
