Ch 6: Relationship Between the Family and the State Flashcards
(24 cards)
What is the definition of adoption?
Adoption is a statutory legal action in which the previous parent-child relationship is terminated, and a new parent-child relationship is established.
A new birth certificate with the adoptive parents’ names is issued after the adoption is complete.
What happens to the records of most adoptions?
The records for most adoptions are sealed and kept confidential, but many states allow the adopted child to receive medical information on the birth parents.
What is required for an adoption to be valid regarding biological parents?
The parental rights of the biological parents must be terminated through voluntary or involuntary termination.
What is voluntary termination in the context of adoption?
The biological parents may voluntarily give up their rights as parents and consent to the child’s adoption by adoptive parents.
What is the significance of consent by failure to register for unwed fathers?
Failure to register in adoption registries constitutes a waiver of the right to notice of the adoption and implies consent to the adoption.
At what age must a prospective adoptee consent to their adoption in most jurisdictions?
If over 14 years of age, the prospective adoptee must consent to the adoption.
Can consent to adoption be withdrawn after a final decree is entered?
No, after the final decree is entered, withdrawal of consent is not allowed.
What is required for involuntary termination of parental rights?
Only a court can involuntarily terminate parental rights, typically occurring in cases of abuse, neglect, or dependency.
List some statutory grounds for termination of parental rights.
- Abandonment
- Incapacity
- Abuse of a sibling
- Termination of parental rights over a sibling
- Abuse and neglect of the child over time
What standard is used to determine whether termination of parental rights is appropriate?
The standard is clear and convincing evidence.
What rights do adoptive parents have after an adoption?
Adoptive parents have all the rights and responsibilities that biological parents possess.
Can an adoption be dissolved?
Generally, an adoption may not be dissolved, but some states allow it under limited circumstances.
What is assisted reproduction?
Assisted reproduction is implanting an embryo or fertilizing a woman’s egg with a man’s sperm without sexual intercourse.
Who is considered the mother in assisted reproduction?
Maternity is determined by the woman who gives birth to the child, unless a gestational agreement states otherwise.
What is a gestational agreement?
A gestational agreement is when a woman agrees to carry a pregnancy for intended parents who cannot conceive.
What must happen for a gestational agreement to be enforceable?
All parties must petition the court for approval of the agreement.
What is a frozen embryo?
A frozen embryo is the result of in vitro fertilization that is cryogenically preserved.
What is the scope of domestic violence statutes?
Most statutes require the perpetrator to be in a relationship with the victim or be a household or family member.
What is the major relief granted under domestic violence statutes?
An injunctive order prohibiting the defendant’s further abuse and contact with the victim.
What is the process for obtaining a protective order?
The application is typically a two-step process involving an ex parte order followed by a permanent order after notice and a hearing.
What rights do children have regarding medical care?
Children may consent to certain medical treatments depending on their age, but parental consent is usually required.
How are children judged in terms of liability for torts and criminal acts?
Children are judged by a more moderate standard than adults, with criminal acts typically adjudicated in juvenile courts.
What is emancipation?
Emancipation is when a child petitions the court to be recognized as an adult, no longer living with parents and self-supporting.
What limits exist on parental authority?
Parental authority is not absolute; laws protect children from harm and can result in termination of parental rights if necessary.
