Relationship Between the Family and the State

Question 1

Adoption - Termination of Natural Parent’s Rights

Answer 1

Types = voluntary and involuntary.

Question 2

Adoption - Termination of Natural Parent’s Rights - Voluntary

Answer 2

Voluntary termination = bio parent gives up their parental rights over a minor child and consents to child’s adoption by the adoptive parents.

Unwed father - consent by failure to register = waiver of right to notice of adoption and irrevocably implies consent to adoption; otherwise, right to object can be denied if father does not demonstrate commitment to the responsibilities of parenthood.

Prospective adoptee must consent to his adoption if he is over 14 years old.

Question 3

Adoption - Legal Effects of Adoption

Answer 3

Legal effects = adoptive parents have rights and responsibilities of bio parents; adopted child has rights and responsibilities of bio child; in most states, no visitation permitted between adoptee and bio parents.

Question 4

Uniform Parentage Act (UPA)

Answer 4

Adopted by 9 states. Covers assisted reproduction and surrogacy agreements.

Question 5

Domestic Violence - Perpetrator

Answer 5

Perpetrator = must be in a relationship with the victim, or a household or family member; generally requires a continued behavior, but a single episode may qualify.

Question 6

Domestic Violence - Relief Granted

Answer 6

Relief = injunction prohibiting further abuse and contact with victim; can include exclusive possession of residence, child custody and support.

Question 7

Domestic Violence - Process

Answer 7

Process = ex parte order with limited relief, followed by hearing after notice to defendant, on petition for permanent relief; violation of order can trigger criminal penalties.

Question 8

Rights and Obligations of Children - Consent to Medical Care

Answer 8

Child has right to consent to medical treatment of over certain age. May obtain abortion, birth control, treatment for STIs without parental consent.

Question 9

Rights and Obligations of Children - Liability for Torts and Criminal Acts

Answer 9

Children judged by a more lenient standard.

Question 10

Rights and Obligations of Children - Emancipation

Answer 10

Emancipation = child has all duties and obligations of adult; parents have no duty of support.