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Published byLauren Gardner Modified over 9 years ago
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Rights of Unmarried Fathers Supreme Court Jurisprudence Relationship Bio Bio + Bio + Sub Marriage Marriage Only Only Some Rel. Rel. (w/o bio) (w/bio) Social Biological Legal Fatherhood Fatherhood Fatherhood Least recognition of rights Strongest rights Baby RichardKelsey S. Lehr Caban Stanley Michael H. Kelsey S. (“thwarted” Quillon (prospective adoptive bio father) fathers)
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Adoption April 22, 2003
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Adoption: Legal Proceeding In Which: a)Adoptive parent(s) become legally recognized parent(s) for all purposes; b)Biological parents’ rights and resp. are terminated for all purposes (in adoption or earlier proceeding) by consent or finding of unfitness/abandonment
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Goals Historical: a)Perpetuate family line (Roman) a)Train children (English) Modern: a)Protect welfare/best interests of children
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Terms Closed: Traditional approach of non-disclosure of adoptive parents to biological parents and vice- versa Open: Modern trend permitting some or full disclosure of identities of parties to adoption
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Agency: Adoptions facilitated by state licensed or state operated entity that takes legal custody of adoptive children and places them for adoption and provides adopters and biological parents with counseling and other services. Independent: Adoptions in which birth parents select adoptive parents with assistance of 3 rd party (often attorney) subject to some state regulation regarding fees, conflict of interest, etc.
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Stepparent Adoptions (about 50% of all adoptions) Definition: Adoption by spouse of biological parent Differs From Other Adoptions: 1)Only form of adoption that does not terminate both biological parents’ rights 2)Does not always terminate visitation or inheritance rights from or through adoptee’s former biological parent
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