Assignment 3

Adoption is defined as the “act by which an adult formally becomes the guardian of a child and incurs the rights and responsibilities of a parent.” (Legal Information Institute, 2015). The first legislation ACT to govern legal adoptions was made in Western Australia in 1896 at a peak of high infanticide and infant mortality rates. Since then, new legislations have been made across each state and adoption rates have been increasing steadily. However, as indicated by a series of National Data collected by the Australian Government, following the peak of almost 10,000 adoptions between 1970 and 1971, there has been a sharp decline in adoption rates. Over the last decade specifically, there has been a low and steady rate of 400-600 adoptions per

Similar cases occurred in the 1960’s and 1970’s which ultimately resulted in the ICWA Act. In a similar situation a young man and woman had the same problem and the pregnant mother in question pursued the father to relinquish his rights (which he did) and the mother was cared for by the adoptive parents during her pregnancy (starting by the 4th month) until childbirth when the baby was legally adopted by the adoptive parents. Similar to this case which occurred in 2011 the young man in question did not agree that his daughter would be given up for adoption but only claimed that he had agreed to give up parental rights but the relationship of blood could not be terminated nor denied. In many of these cases from the era prior to ICWA the baby was taken from the adoptive parents and returned to her “rightful home since the relationship of parent could not be

Procedural Facts: In May 2010, a couple of months after Plaintiff Jacob Szafranski donated his sperm and have eight eggs fertilized for freezing, Plaintiff Jacob Szafranski sent Defendant Karla Dunston a text message ending the relationship. In August 2010, two months after the relationship ended, Plaintiff Jacob Szafranski filed a pro se complaint in the circuit court of Cook County. Plaintiff Jacob Szafranski sought to keep Defendant Karla Dunston from using the frozen pre-embryos so he was not forced to father a child against his will. Defendant Karla Dunston ended up counterclaiming and asking the court to grant her sole custody and control over the pre-embryos so she could someday use the pre-embryos to bear her children. Defendant Karla Dunston sited breach of contract and asked the court for relief under promissory estoppel. The circuit court ended up siding with Defendant Karla Dunston by granting her full custody and control over the use of the frozen pre-embryos.

Amie Cullimore, a medical practitioner, filed a child support claim against Michael Ranson, who more than two decades ago donated his sperm to Amie Cullimore, who subsequently conceived two children. Cullimore alleges that throughout the years, Ranson has assumed the role of loco parentis, which means that Ranson has stood in the place of the parent throughout the years. Ranson filed a response that Bill 28, also known as, All Families Are Equal Act, which extinguishes Cullimore`s claim based on the assertion that the surrogate parents who lack an intention to be parents cannot be considered parents in law.

United States can be analyzed to support the charge. The case involved Shirley Green who was not the legal guardian of a child that failed to provide food and medicine for the child resulting in his death. She was charged with involuntary manslaughter, but it was reversed because there was no finding of legal duty CITE218. Legal duty is a critical element is cases and since Mrs. Kones has a legal duty for the care of John Jr. she can be charged with this crime. Within the text it explains that someone ca be held criminally liable when there is a statute that imposes a duty. Next, when someone has a certain relationship to another. When someone accepts a contractually duty to care for someone. Finally, when someone voluntarily assumes the responsibility to care for another CITE 218. The next individual that can fall under this category is the defendant’s husband, Charley Kones, despite not being the biological father of the child, upon marrying Cynthia he assumed responsibility for her offspring. This can be supported by the case of People v. Carroll were a stepmother was charged with child endangerment for failing to stop he husband from killing his daughter CITE229. The New York Court of Appeals concluded that the stepmother had a duty to care for her husband’s children because “a person who acts as the functional equivalent of a parent in a familial or household setting is … legally responsible for a child’s care” CITE229. The husband

Sub-section (i) will require George to file will a court a sworn affidavit stating his ability and willingness to have full custody of the child. Additionally, under Idaho Code § 7-1111, can file a verified voluntary acknowledgement of parentage with Annie, but if she will not then he must file a verified complaint, alleging that he is the father of the child. Additionally, following sub-section(ii), George will need to file notice of proceedings of his paternity with the department health and welfare, pursuant to Idaho Code § 16-1513, and this is where it will get really interesting for

The Father (Appellant) and Mother (Appellee) had a child together in 2004. The parents were never married. The child lived at times with each of the parents separately, and at other times with both parents together in the same

In the Baby Jessica case, the birthmother intentionally identified the wrong man as the birth father. The adoptive parents took custody believing they had the consent of the birthfather, only to find out later that the real birthfather objected to the adoption. As a result of this case, state courts are recognizing that even when there is consent from a man who pretends to be a child's father, greater efforts must be made to identify others that may claim to be the father and steps must be taken to terminate their rights. (Gray, 18)

Martin and Lewis walk into the building, heads held high with smiles on their faces. Lewis grabs Martin’s hand and squeezes it, a nervous gesture. Walking to the front, Martin takes a clipboard from the unperturbed lady at the desk. As they fill out their information, a few Housewife Kelly and Lawyer John couples stare at Martin and Lewis with disdain. Martin whispers words of encouragement to Lewis who is visibly upset while they wait to be called back to a small, dimly lit room in the back. When they are finally interviewed, the glasses-faced women tell them that “this just isn’t going to work out”. Martin and Lewis leave, disconsolate and enraged; this was the sixth adoption center to turn them down. Gay couples should be given the same rights to adopt children as heterosexual couples because it is the gay couple’s right as humans to pursue happiness, their sexuality is not a correlation to their parenting skills, and adoption is a preferable alternative to foster care or homelessness.

Birth fathers who wish to voluntarily establish paternity in order to do what is in their child’s best interests, can

By law, adoption terminates the biological parent’s legal rights and duties to the adoptive parents (Law offices of Stimmel, Stimmel

The brother initially denied that he was the baby's father. However, a paternity test determined that he was the father. The mother and father were put into separate foster homes after the baby was born. A psychiatrist stated that the mother was not capable of consenting to the adoption. That is the judge decided to make the decision for the mother.

PER REPORTER: Shauntia is pregnant and her due date is March 29th. In November 2016, she was an inpatient at the hospital. She was 15 years old when she got pregnant. The unborn child's father is 22 years old. Shauntia won't give the father's name. Shauntia's mother has filed charges with Tate County Police Department. The case is pending because they can't do a paternity test until she delivers. There was no report called in about Shauntia's and the father's age difference. Shauntia confirmed it was consensual and the pregnancy was not the result of an assault type of rape. She didn't give details of where she was when it happened. The mother is aware that the child is pregnant. It is unknown when mom found out she was pregnant. In November

The father of the legitimated child gains the right to petition for child custody and visitation rights. The child also gains the right to inherit from the father, access medical history on the father’s side, and be placed in a paternal relative’s home if the mother can no longer care for the child. It also provides the legal basis for the child to establish an emotional bond with the

A couple is looking for a surrogate. They find an interested individual named Sue. When they sit down to discuss the details of their arrangement, Sue disagree that parental rights are automatically acquired by those who have genetic claims to the fetus. What should Sue do?