relationship between the family and the state Flashcards
adoption - termination of a natural parent’s rights: voluntary termination
the biological parents give up their parental rights of the minor child and consent to child’s adoption by the adoptive parents
how does an unwed father voluntarily terminate his right’s to the adoption of his biological child?
Consent by failure to register—constitutes a waiver of the right to notice of the
adoption and irrevocably implies his consent to the adoption
how is an unwed father’s right to object denied in the adoption of his biological child?
Right to object can be denied if the father does not demonstrate a commitment to the responsibilities of parenthood
prospective adoptee consent
Prospective adoptee must consent to his adoption if he is over 14 years of age
adoption - termination of natural parent’s rights: involuntary termination by court
- Typically occurs as part of an abuse, neglect, or dependency case, or when consent to an adoption is unreasonably withheld
- Includes abandonment or abuse of sibling, termination of parental rights over a sibling
what does the Adoption and Safe Families Act do?
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
adoption - involuntary termination of natural parent’s rights by court: abandonment of parent-child relationship
Some states—an adoption is permitted if a parent has abandoned the parent-child
relationship
- Objective test—parent has failed to act in a way that indicates a commitment
to maintaining the parent-child relationship
- Subjective test—parent subjectively intended to abandon the parent-child relationship
what are the legal effects of adoption?
Adoptive parents have all of the rights and responsibilities of the biological parents;
adopted child has all of the rights and responsibilities of a biological child
legal effects of adoption - visitation between adoptee and biological parents
Most states—no visitation is permitted between the adoptee and her biological parents
how many states have adopted the Uniform Parentage Act (UPA)?
nine states
Uniform Parentage Act (UPA) - assisted reproduction
- Maternity is determined by woman who gives birth to child
- Husband of woman who is determined to be the mother of the child is the child’s father
Uniform Parentage Act (UPA) - gestational (surrogacy) agreement
all parties must enter voluntarily:
* Intended parents agree to be parents of the resulting child
* Agreement must make provisions for proper medical care
* Agreement may not limit the right of the gestational mother to make healthcare
decisions
* Consideration to the gestational mother must be reasonable
* Agreement may be terminated for cause by any of the parties, or by the court, prior to
the gestational mother’s pregnancy
* Agreement not approved by court is unenforceable
domestic violence - perpetrator of violence
must be in a relationship with the victim or a household or family member; generally requires a continuum of behavior, but a single episode MAY qualify
domestic violence - relief granted
an injunctive order prohibiting defendant’s further abuse of and contact with victim; can also include exclusive possession of residence, child custody, and support
domestic violence - process
ex parte order with limited relief, followed by a hearing, after notice to defendant, on petition for permanent relief; violation of order can trigger criminal penalties
