Relationship Between the Family and the State

Question 1

Voluntary Termination of Parental Rights

Answer 1

Biological parents give up their parental rights of the minor child and consent to the child’s adoption by the adoptive parents

Question 2

Unwed Father’s Rights re: Adoption

Answer 2

Consent by failure to register - waiver of the right to notice of the adoption and irrevocably implies his consent to the adoption

Right to object can be denied if the father does not demonstrate a commitment to the responsibilities of parenthood

Question 3

Adoptee 14 Years or Older

Answer 3

Must consent to his/her adoption

Question 4

Involuntary Termination of Parental Rights

Answer 4

Typically occurs as part of an abuse, neglect, or dependency care, or when consent to an adoption is unreasonably withheld

Includes abandonment or abuse of sibling

Question 5

Adoption and Safe Families Act

Answer 5

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 6

Abandonment of Parent-Child Relationship

Answer 6

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

Question 7

Legal Effects of Adoption

Answer 7

Adoptive parent have all of the rights and responsibilities of biological parents, adopted child has all of the rights and responsibilities of a biological child

Most states - no visitation permitted between biological parents and adoptee

Question 8

UPA

Answer 8

Uniform Parentage Act

Question 9

UPA Assisted Reproduction

Answer 9

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

Question 10

Surrogacy Agreement

Answer 10

1. All parties must enter voluntarily
2. Intended parents agree to be parents of the resulting child
3. Agreement may not limit the rights of the gestational mother to make healthcare decisions
4. Consideration to the gestational mother must be reasonable
5. Agreement may be terminated by any of the parties, or by the court, prior to the gestational mother’s pregnancy
6. Agreement not approved by the court is unenforceable

Question 11

Domestic Violence

Answer 11

1. 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
2. Relief Granted - an injunctive order prohibiting D’s further abuse and contact with victim - can also include exclusive possession of residence, chid custody, and support
3. Process - ex parte order with limited relief, followed by hearing, after notice to D, on petition for permanent relief; violation of an order can trigger criminal penalties