Relationship Between the Family and the State

Question 1

How does voluntary termination of a natural parent’s rights work?

Answer 1

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

Question 2

How does voluntary termination of a natural parent’s rights work when it’s an unwed father?

Answer 2

Unwed father
-> consent by failure to register in adoption registries - constitutes a voluntary waiver of the right to notice of the adoption and irrevocably implies his consent to the adoption

Question 3

What is an unwed father?

Answer 3

Unwed father (biological father of child but was not married to wife during child’s birth)

Question 4

When can an unwed father’s right to object an adoption be denied?

Answer 4

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

Question 5

Must a prospective adoptee consent to his adoption?

Answer 5

Prospective adoptee must consent to his adoption if he is over 14 years of age

Question 6

Under what situation does involuntary termination by court of natural parents rights happen?

Answer 6

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

Question 7

How do a minority of states allow adoption to happen? Under what tests do they allow the adoption to take place?

Answer 7

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

Question 8

How does the Adoption and Safe Families Act work in terms of involuntary termination of parental rights?

Answer 8

Adoption and Safe Families Act
-> 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 14 of the past 22 months, provided certain reunification attempts have been provided by the state

Question 9

What are the legal effects of adoption?

Answer 9

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.

Question 10

Are visitational rights granted between biological parents and adoptee?

Answer 10

Most states - no visitation is permitted between the adoptee and her biological parents

Question 11

How do you determine parents via assisted reproduction?

Answer 11

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 12

How does gestational (surrogacy) agreement work?

Answer 12

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 regarding herself and the embryo
-> consideration to the gestational mother must be reasonable

Question 13

Must a gestational agreement be approved by the court?

Answer 13

Agreement not approved by court is unenforceable

Question 14

When can a gestational agreement be terminated and by who? For what reason?

Answer 14

Agreement may be terminated for cause by any of the parties, or by the court, PRIOR to the gestational mother’s pregnancy

Question 15

What are the rules regarding domestic violence?

Answer 15

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

Question 16

What is the process regarding a civil court presiding over a domestic violence issue?

Answer 16

Process -> ex parte order with limited relief, followed by a hearing, after notice of defendant, or petition for permanent relief; violation of order can trigger criminal penalties

Question 17

What type of relief can be granted in civil court regarding domestic violence?

Answer 17

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

Question 18

What are the rights and obligations of children?

Answer 18

Right to consent to medical care
-> may consent to medical treatment if over certain age
-> may obtain abortion, birth control, treatment for sexually transmitted disease without parental consent

Question 19

What is the standard used to judge a child’s liability for torts and criminal acts?

Answer 19

Liability for torts/ criminal acts -> children judged by more moderate standard

Question 20

What does emancipation do to a child’s rights and duties, and those if the child’s parents?

Answer 20

Emancipation -> child has all the duties and obligations of an adult; parents have no duty to support