Adoptive v. Birth Parents' Legal Rights Essay

     In the United States today more than one-half of all marriages end in divorce. The purpose of this paper is to examine the reason why women have typically received custody of the children far more often than the fathers. In order to better understand child custody one must first examine how fathers have often times been left out of the picture, and conversely why mothers have had such hard times raising children on their own. This paper will first examine the perspective of a father who has lost custody of his children.

Even though adoption as a process has negative results for adopting children, some people still takes this act to be a good act where children who are deprived of parents still have a

Of course Adoptive parents across the nation seemed to digress from this opinion, due to the emotional struggle and financial trials that often come with the adoption process, and favored that they baby be given to their adoptive parents who rightfully “adopted” a child who had been willingly given up in infancy (and raised and cared for by adoptive parents for two years) by the biological mother and a father who relinquished his biological rights to her prior to adoption.

The implementation of the ASFA certainly carries many strengths with its amendments to the AACWA, including a title using “the term ‘safe families’ that few people would want to oppose legislation with this goal” (Jansson, 2008). One of the strengths of the new law was its movement away from bias favoring reunification that the AACWA once carried, and the placing of emphasis on child safety. Another strength was the change from selective provision of services to universal provision of services, where all special needs children would receive health coverage, regardless of whether or not they were a Title IV-E adoption. The switch to annual judicial permanency planning hearings was also an

The central issue upon which the Supreme Court based their decision was in regard to the best interests of the child. They looked closely at the nature v. nurture argument, ruling that her psychological parents, the Racine’s, were capable of providing a healthier environment than her biological mother, Mrs. Woods. When looking at this case from a solely legal perspective, it is clear that the Court made the correct choice, considering Mrs. Woods’ ongoing battle with substance abuse coupled with her abusive relationship. However, this case, as with many could not be looked at simply from a legal perspective. Complex cultural aspects are embedded within the case that had to be considered in order to properly gauge the decisions and the effects of that decision. In the past, children were automatically placed with their biological parents or relatives, which, was viewed as standard procedure within the legal framework. Societal norms have progressed in such a way that allow for a more activist

Adoption in America been ruled by a stigma. For much too long, those who could not have children, unwed mothers, and the children born out of wedlock have been shamed and humiliated. I believe it is time for these supposedly disgraceful ideas to go by the wayside, and we begin hold onto the idea that all families are beautiful things, no matter how they are composed or how they came about. There is no shame in being an infertile couple, an unwed mother, or a child with unwed parents.

It was only three days after being born that I was flown to my new family in Illinois. If I had not been for a one woman’s unselfish decision, I would not be writing the words on this page right now. Abortion is an ethically wrong decision and option for a parent. It is illegal to take the life of another human being; by choosing to have an abortion, legally a parent is not willingly killing a human life. However, this choice is still seen as a murder to most people. Women should be forced to place their children up for adoption instead of a choice have an abortion.

There was a court case, Baby Girl v. Adoptive Couple, in which a child who was partially Cherokee Indian, because of her father, and Hispanic, because of her mother. The adoption of Baby Girl was a difficult one due to the fact that she has an ancestry of Cherokee Indian. Therefore, under the Indian Child Welfare Act (ICWA), the adoption of Baby Girl seemed impossible because Biological Father had the right to have custody of his child, Baby Girl, if he chose to. So, the court greatly sees that by giving Baby Girl back to Biological Father would be in the child’s best interest under the ICWA, because there is the assumption that if she is with her Biological Father and her culture, she will not suffer any type of emotional distress. For

Choosing to adopt a child from the same country that you are currently living in is in many ways different from adopting a child from a different country. The process of adoption changes depending on the location and you are getting your child from. If your child is currently living in the same country that you are, this is domestic adoption. The cost of domestic adoption approximately ranges from $30,000 all the way up to $50,000 depending on the circumstances. If you are looking to adopt a new born or infant child, domestic adoption is the way to go because the process is less lengthy even though it can take one week or even twelve weeks. In the United States, you can either adopt personally with the birth mother who makes arrangements to let these people take and raise her child or you can adopt from a company. The United States has a foster care system that takes in children from birth or even those whose parents neglected them or passed away. Wanna be parents can look into and get involved with local foster cares to adopt a child.

“ There are approximately 100,000 children and/ or adolescents who are in the Child Welfare System waiting to be put into foster care or be adopted” (Kreisher). The number of children living with 1 Lesbian, Gay, Bisexual, or Transgender (LGBT) parent today ranges from six to fourteen million children or adolescents. Adoption is to take into one’s family legally and raise as one’s own child.

Homosexual people have faced many trials and tribulations in pursuit of living a normal and happy life. There are many controversial events and topics that are barriers blocking complete happiness. Although those barriers are in place, the people in the LGBT subculture seem to making the best of every situation. Fighting for their rights and changing laws to protect them are paving the way for a brighter future. In hopes of being normal, many same-sex couples want to have a family and for some the only option is adoption. Well, same-sex adoption is not legal in most places which makes this dream for some impossible. This caused controversy between same-sex couples and the general public who believes that same-sex adoption should remain

In the last four decades, the concept of the American family has undergone a radical transformation, reflecting society¡¯s growing openness. Among all segments of society, there is a greater acceptance of a variety of family structures ¨C from single parenting to blended families to same sex parenting of children. The introduction of openness into the process of adoption offers new opportunities for children in need of a parent or parents and prospective parents wishing to create or expand their families. Meeting the requirements to become eligible to adopt no longer means being constrained by the conventions of an earlier generation.

     Adoption is metamorphosing into a radical new process that is both sweeping the nation and changing it. But this process is not an easy one, there are many steps to go through. Through research it is made a lot easier. Adoption is a also a highly visible example of a social institution that has benefits from and been reshaped by both the Internet and the exponential growth of alternative lifestyles, from single to transracial to gay. It is accelerating our transformation into a more multicultural society; even as it helps redefine out understanding of “family.” The process includes three main steps including a type of adoption, the techniques for location a baby for adoption, arranging

Statistics show that the vast majority of independent adoptions in California are completed without a hitch; less that 2 percent are even contested. But when an adoption is contested, the anguish felt by both the adoptive and birth parents is unimaginable. Linda Ribordy, a family specialist who represented a birth mother in a legal case says that “if a birth mother changes her mind, it’s automatic that they get the baby back.” But the adopting parents feel furiously and emotionally different. “We have no legal status, no legal rights, none,” says Inger Bischofberger. “But he calls me Mama. The only thing that keeps me going is that I can’t turn my back on him, I can’t just walk away from him because all the grownups in his life have messed up.”

Since 1776, the United States of America has had a growing problem with orphans and childhood adoption. Orphanages become overpopulated while foster homes shelter up to 3 children on average. The foster care system has been viewed as positive reinforcement for American homes; yet the point of fostering children is consistently overlooked. Adoption is necessary for orphans, foster children, or children in abusive homes. The act of adopting a child comes with positive benefits and fiscal responsibility, such as government assistance and wiser spending. Children obtain a healthy childhood with a familiar sense of belonging. The drawback of this is the long governmental process of petitioning for adoption. Seeking the birthparents, if they are alive, retrieving consent, being fiscally responsible, and having a safe environment for the child to grow up in are all responsibilities to look forward to when adopting a child. The adoption rate in the United States of America needs to increase dramatically, as there are social benefits, mental health improvements, and economical advantages for families who adopt.