Legal Doctrine Of Equitable Adoption

     According to many the custody of a child should be determined with the best interest of the child in mind. However, it is not easy for a

Child custody have been an issue for many years but no clear rules have been established until approximately in the 1970’s. In the early colonial years, the arrangement was unappealing to children and their mothers and possibly doing psychologically damage. Luckily, history has evolved and children’s well-being has become a priority in divorce cases.

In the case of Bruce and Douglas [2014] FamCA80, proceedings relate to parenting arrangements for the child L Douglas, between the applicant Ms Bruce, who is the child’s mother, and the respondent Mr Douglas, who is the child’s father. The child, aged two and a half years at the time of the hearing, has lived with her mother since her birth in April 2011, and has spent very limited time with her father. The mother seeks orders that the child

Should gays and lesbians have the same rights to adopt as heterosexuals? The laws of most states permit an unmarried person to be an adopted parent. However, many states have enacted laws limiting and in some cases prohibiting, lesbian and gay men from adopting. Adoption of children by lesbian and gay men remains controversial. A court must first find that the best interest of the child will be served by the adoption. Some courts have strongly rejected the notion that adoption by a lesbian or gay parent could ever be in the best interest of a child. This applies to same sex unions as well. Yet the United States has many children waiting to be adopted. Older children and those with special needs are the hardest to

Adoptive couple v. Baby Girl was a case that involved the biological parents of the baby girl in question. The biological mother Christy was Hispanic-Caucasian and, the father Mr. Brown, a member of a Cherokee Indian tribe. Congress had to step in due to the “ICWA” or the Indian Child Welfare Act that was passed in 1978 to prevent the illegal and harsh removal of Indian children from the tribes. This case was a huge battle in the Supreme Court between the biological father Dusten Brown and the adoptive parents of baby Veronica in September of 2011. This case caused uproar with people on both sides of the fence.

if he is a “parent,” because his consent is required for adoption. George will notice first that consent

A court battle is erupting over the fate of a 3-year old named Braelynn. Her adopted family claims that she is theirs since they legal adopted her when her biological mother gave away all here parental rights. However, the father was incarcerated at this time and did not have a say in the ordeal. But now that he is out, he wants his daughter back since his parental rights should have never been terminated due to his incarceration. The Dalsings had adopted her from three weeks old and Braelynn has never met her biological dad. Yet a judge agreed with the biological father’s argument and vacated the adoption. Braelynn is still living with the couple but have requested a re-hearing at the state court of appeals.

In order for nonparents to gain custody of children, they must establish a child-parent relationship; they must be able to rebut the presumption that the legal parent acts in the best interest of the child. Or.Rev.Stat. §109.119 (2015). The nonparents can rebut this presumption by proving that the legal parent is either unwilling or unable to care for their child. Id. The petitioner for custody is or has been the child’s primary caretaker. Id. If relief is denied the circumstances will be detrimental for the child. Id. The legal parent has fostered, encouraged or consented to the relationship between the children. Id. Lastly, the legal parent must unreasonably deny or limit contact between the child and the petitioner. Id. The

Adoption is an old process. Adoption is a process where parents who cannot provide for their kids can put them up for adoption to couples, or people would provide for the children. The concept of adoption was not legally recognized in the United States until the 1850 's. Back then there were no formal records of children being adopted. As the numbers of the informal adoption grew, they soon realized that they needed to get a legal process of started. In 1851, Massachusetts enacted the first adoption statute.Adoption History: Read About the History of Adoption." Insert Name of Site in Italics. N.p., n.d. Web. 23 Mar. 2016 Adoption in Massachusetts required judicial approval, consent of the child 's guardian, and a finding that the prospective adoptive family was of sufficient ability to raise the child. Adoption History: Read About the History of Adoption." Insert Name of Site in Italics. N.p., n.d. Web. 23 Mar. 2016 . In the 1930 's. 40 's, and 50 's, social workers began sealing adoption records. The reason for the change in practice

Under California state law, can Alan Simpson (hereinafter called “Mr. Simpson”), a non-adopted minor living in the home of decedent Rebecca Sweeney (hereinafter called “Mrs. Sweeney”) at time of her death, recover from the estate of Mrs. Sweeney as a lawful heir.

Yes, I agree with the majority opinion in Adoptive Couple v. Baby Girl. I ultimately believe that the Court came down with the correct decision. The decision to not let the Indian Child Welfare Act protect a parent that never had custody of the child. While I see the opposing sides argument in trying to protect the father’s parental rights, who is part Native American, I believe that the Supreme Court’s decision to rely on the element of “continued custody” is compelling and correct. Although it is awful what happened to the father, without the “continued custody” element, I agree that the case does not have a lot of merit.

Approximately five million Americans alive today are adoptees. Having the opportunity to adopt has given many families the chance to have a family on their own that they may not have been able to have before. Although it benefits the parents who are adopting it also helps the birth mother tremendously. There are several ways to adopt. Parents who want to adopt should choose the best option for them while birth mothers should be more educated so they can be sure to make the best decision for herself and her child.

What is your topic? My Topic is Both parents should assume equal responsibility in raising a child.

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.

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.”