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Review

Review. Agmts: ADULTS: Broad freedom to contract CHILDREN: Must be consistent with governing laws and ct. retains power to modify Agmts should be incorporated but not merged into orders so can be enforced as contract and order. Rights of Children of Unmarried Parents:

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Review

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  1. Review Agmts: • ADULTS: Broad freedom to contract • CHILDREN: Must be consistent with governing laws and ct. retains power to modify • Agmts should be incorporated but not merged into orders so can be enforced as contract and order

  2. Rights of Children of Unmarried Parents: • Modern Paternity Est Goals: Prot.child, unmarried fathers and the State • Equal Prot./Intermed. Scrutiny Test Applies to Unmarr/Marr Children Classification (e.g. S/L) • Child’s Right to Support Cannot Be Lost by Actions of Parents

  3. Responsibilities/Rights of Unmarried Fathers Resp: Turn on Legal Est. of Paternity Revocation of Legal Status as Father (& Child Support Obligation) Permitted MD: DNA/Blood Testing Excludes, Revocation automatic Some States/UPA: S/L; estoppel;best interests test place limits

  4. Uniform Parentage Act Section 6. [Determination of Father and Child Relationship; Who May Bring Action; When Action May Be Brought.] (2) for the purpose of declaring the non-existence of the father and child relationship . . . only if the action is brought within a reasonable time after obtaining knowledge of relevant facts, but in no event later than [2] years after the child’s birth. • Best interest test applies • Child Appt. Counsel

  5. Rights of Unmarried FathersSupreme Court Jurisprudence Least recognition of rights Strongest rights Relationship Bio Bio + Bio + Sub Marriage [Marriage Only Only Some Rel. Rel. (w/o bio) (w/bio)] Lehr Caban Stanley Quilloin Social Biological Legal/Presumed Fatherhood Fatherhood Fatherhood

  6. Policies Served By Marital Presumption: • Protect integrity of family (and family is defined by marriage) • Protect children (where bond with husband/”father” no bio. father “waiting in the wings”) MD version - § 5-1027

  7. Rights of Unmarried FathersSupreme Court Jurisprudence Least recognition of rights Strongest rights Relationship Bio Bio + Bio + Sub Marriage [Marriage Only Only Some Rel. Rel. (w/o bio) (w/bio)] Michael H. Lehr Caban Stanley Quilloin Social Biological Legal/Presumed Fatherhood Fatherhood Fatherhood

  8. Adoption April 15, 2004

  9. Adoption: Legal Proceeding In Which: • Adoptive parent(s) become legally recognized parent(s) for all purposes; • Biological parents’ rights and resp. are terminated for all purposes (in adoption or earlier proceeding) by consent or finding of unfitness/abandonment

  10. Goals Historical: • Perpetuate family line (Roman) • Train children (English) Modern: a) Protect welfare/best interests of children

  11. 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

  12. Non-Stepparent AdoptionsTerms 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

  13. 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 3rd party (often attorney) subject to some state regulation regarding fees, conflict of interest, etc.

  14. Rights of Unmarried FathersSupreme Court Jurisprudence Least recognition of rights Strongest rights Relationship Bio Bio + Bio + Sub Marriage [Marriage Only Only Some Rel. Rel. (w/o bio) (w/bio)] Lehr Caban Stanley Quilloin Michael H. Baby Richard (prospective adoptive fathers) “thwarted” bio father?? Social Biological Legal/Presumed Fatherhood Fatherhood Fatherhood

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