R/ship b/t family & state

Question 1

What are the requirements for voluntary termination of a natural parent’s rights? For unwed fathers?

Answer 1

• Consent to child’s adoption; if child is over 14, then the child must also consent
  Unwed Father:
• Consent by failure to register - waiver of right to notice
• Right to object can be denied if the father doesn’t demonstrate a committment to the responsibilities of parenthood

Question 2

Adoption & Safe Families Act

Answer 2

A state can move for termination of parental rights when the child has been placed outside of the home and not with a relative for 15 of the past 22 months, provided certain reunification attempts have been provided by the state

Question 3

What does the Uniform Parentage Act (UPA) cover?

Answer 3

• Assisted reproduction
• Gestational (surrogacy) agreement

Question 4

Under UPA what presumptions are made in
assisted reproduction?

Answer 4

• Maternity is determined by woman who gives birth to child
• Husband of woman determined to be mother is the child’s father

Question 5

What are 4 requirements for a
surrogacy agreement under the UPA?

Answer 5

• Intended parents agreee to be the parents of the resulting child
• Agreement must make provisions for proper medical care
• Agreement may NOT limit the right of the gestational mother (GM) to make healthcare decisions
• Consideration to GM must be reasonable
• May be terminated for cause by any of the parties or by the court,
  PRIOR to pregranancy
• Agreements MUST be approved by the court to be enforceable.

Question 6

Requirement for proof of domestic violence?

Answer 6

The perpetrator of violence must be in a r/ship with the victim or a household or family member; generally requires a continuum of behavior, but a single episode MAY qualify.

Question 7

What relief may be granted for a
victim of domestic violence?

Answer 7

An injunctive order prohibiting D’s further abuse of and contact w/ victim;
can also include exclusive possession of residence, child custody, and support