Family–state relations

Question 1

Unwed fathers’ rights

Answer 1

Under Fourteenth Amendment Due Process, unwed fathers have certain rights—including the right to object to termination of their parental rights by adoption—if they have shown commitment to being a parent.

Question 2

Unwed fathers’ rights: putative fathers registry

Answer 2

Maintained by some states, such registries allow unwed fathers to register themselves as fathers of their children.

If registered, a father will receive notice and a hearing before his rights are terminated.

Question 3

Adoption: legal effects

Answer 3

(1) The previous parent–child relationship is terminated;
(2) The adoptive parents have all the rights and responsibilities that the biological parents would have had; and
(3) The adopted child has all of the rights and responsibilities that a biological child would have had.

Question 4

Limits on parental authority

Answer 4

A parent has a right to make decisions about how to raise child, including in matters of religion, but courts may intervene if doing so would be in the best interest of the child.

Question 5

Limits on parental authority: medical treatment

Answer 5

If medical treatment contradicts a parent’s religious beliefs, courts can intervene to protect a child when necessary medical care is needed to prevent serious harm to the child’s health.

Question 6

Adoption: dissolution

Answer 6

Generally, an adoption may not be dissolved.

Some states have permitted dissolution in limited circumstances including the discovery of an undisclosed mental or physical illness.

In evaluating dissolution claims, courts typically look to:

(1) the length of the relationship;
(2) the child’s needs, and
(3) the parent’s motives.