Relations Between the Family and the State

Question 1

What are the legal effects of adoption on the adoptive parents?

Answer 1

Adoptive parents have all rights and responsibilities of biological parents.

Question 2

What are the legal effects of adoption on the adoptive children?

Answer 2

Adopted kids have all of the rights and responsibilities of biological children.

Question 3

What is the majority rule regarding biological parent visitation to adopted kids?

Answer 3

No visitation permitted between adoptee and biological parents

Question 4

Over what age must a prospective adoptee’s consent be obtained before adoption?

Answer 4

14

Question 5

What effect does adoption have on the biological parents’ rights?

Answer 5

Biological parents give up their parental rights

Question 6

When does involuntary adoption typically occur?

Answer 6

Typically occurs as part of neglect, abuse, dependency, or when consent to adoption is unreasonably withheld.
Can also occur in cases of abandonment, abuse of a sibling, and termination of parental rights over the sibling.

Question 7

Under the Adoption and Safe Families Act, when can the state move for termination of parental rights?

Answer 7

When the child has been placed outside of home and not with relative for 15 out of the past 22 months, provided certain reunification attempts have been provided by the state.

Question 8

In general, what is the Uniform Parentage Act concerned with?

Answer 8

1. Assisted reproduction
2. Gestational (surrogacy agreements
   * The UPA is in effect in only 9 states

Question 9

What are the rules of assisted reproduction under the UPA?

Answer 9

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

Question 10

What are the requirements for a valid gestational agreement under the UPA?

Answer 10

1. Intended parents agree to be parents of the resulting child
2. Agreement must make provisions for proper medical care
3. Agreement may not limit right of gestational mother to make healthcare decisions
4. Consideration to gestational mother must be reasonable
5. Agreement may not be terminated for cause by any parties or court prior to pregnancy
6. Agreement not approved by court is unenforceable.

Question 11

What is the relief granted for domestic violence?

Answer 11

Injunctive order prohibiting defendant’s further abuse of and contact with victim.
Can also include exclusive possession of residence, child custody, and support