State and Family

Question 1

Adoption

Answer 1

• Old parent-child relationship is terminated (voluntarily or involuntarily)
• New parent-child relationship is established

Question 2

Unwed Fathers’ Rights

Termination and adoption

Answer 2

• Consent by failure to register in the unwed fathers registry (if registered they will recieve notice and hearing)
• Unwed father only has right to object if he has show a commitment to the responsibilities of parenthood

Question 3

Legal Effect of Adoption

Answer 3

• Adoptive parents have all the rights/responsibilities that biological parents would have
• Adopt a child has rights and responsibilities a biological child would have
• Generally, adoption cannot be dissolved, some states allow unlimited circumstances (undislcosed mental or physical illness) (consider the facts - legnth of relationship. parents motives, child needs)

Question 4

Limitations on Parental Authoriity

Answer 4

The parent has the right to make decisions about how to raise a child, but courts may intervene in the best interests of the child.

Courts may intervene if serious harm due to failure to provide medical care, states are permitted to require vaccinations

Question 5

Assisted Reproduction and Surrogacy

Answer 5

• Donors are not legal parents
• Birth mother = legal mother unless agreement states otherwise
• Gestational agreements require court approval (homestudy of parents)
• Some courts do not enforce gestational agreements
• Ownership of frozen embryos is unresolved (depends on agreements or if classified as property vs person)

Question 6

Domestic Violence

Answer 6

• Typically defined as physical abuse
• Courts will issued a proective order
• Violating order is a criminal offense

Question 7

Children Rights and Obligations

Answer 7

• Generally need parental consent (some exceptions emergency, abortion, STDs, birthcontrol)
• Children are held to a lower standard for torts and crimes