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NCJ Number: 150040 Add to Shopping cart Find in a Library
Title: Current Legal Issues in Adoption
Journal: State Court Journal  Volume:18  Issue:1  Dated:(Summer 1994)  Pages:11-14
Author(s): T L Hafemeister
Date Published: 1994
Page Count: 4
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: Current major legal issues in adoption were identified by means of an analysis of all 58 State appellate court opinions published during 1993.
Abstract: The analyses revealed several substantive and procedural issues related to the termination of the legal rights of the natural parent or parents as a prerequisite to adoptions. Substantive legal issues related to adoptions by relatives, adoptions by foster parents, adoptions of American Indian children, adoption by same-sex pairs of parents, wrongful adoption, and open adoption. Most courts reject a predetermined hierarchy between competing candidates for prospective parents and focus on the best interests of the child. Ambivalence exists over whether foster parents should be encouraged to adopt children placed in their care. Courts in two States have ruled that when a family unit is composed of a birth mother and her same-sex partner and the adoption is in the best interests of the child, the second woman should be allowed to adopt the child while leaving the parental rights of the birth mother intact. Courts are reluctant to encourage causes of action against adoption agencies for wrongful adoption. Reference notes
Main Term(s): State courts
Index Term(s): Appellate court decisions; Juvenile dependency and neglect; State laws; Studies of adopted children
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