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NCJRS Abstract

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NCJ Number: 115601 Find in a Library
Title: Visitation After Adoption: In the Best Interests of the Child
Journal: New York University Law Review  Volume:59  Issue:3  Dated:(June 1984)  Pages:633-675
Author(s): J E Nathan
Date Published: 1984
Page Count: 43
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This paper argues that visitation by natural relatives after adoption is often in the child's best interests and proposes a model statute that authorizes courts to award such rights under certain conditions.
Abstract: Following an overview of the current statutory framework for visitation and adoption, the paper concludes that constraints of termination provisions and judicial misapplication of the best interests standard have prevented many adopted children from continuing beneficial relationships with grandparents, siblings, and other natural relatives. The paper discusses the role of the State as parens patriae to promote and protect the child's welfare and how it gives the State the right to be involved with the adoptive family. Two benefits of postadoption visitation are cited: (1) such visitation may help the court order an adoption where it otherwise would be unable to do so; and (2) visits may promote a child's integration into the adoptive family. The model statute emphasizes that the courts must confirm the existence of a substantial relationship between the child and the petitioner and determine that visitation rights not unduly disrupt the adoptive family. Other factors to be considered include the relationship between the family and the petitioner and the child's wishes. 213 references.
Main Term(s): Legal adoption
Index Term(s): Child protection laws; Parental rights
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