Memorandum From: Harlee Cuomo To: Marvin Longabaugh Date: June 2, 2015 Re: Parental Rights in Regards to Adoption Relevant Facts Alex and his girlfriend, Elizabeth, live within the state of Washington. Alex is twenty-seven and his girlfriend is twenty-one. Elizabeth wants to become a cardiologist one day. Alex finds out that Elizabeth is pregnant and wants to give the baby up for adoption. Alex, however, wants to be a parent to the unborn child. Both Elizabeth and her parents believe the baby would be better off with a stable married couple. Statutes Rev. Code Wash. (ARCW) §§ 26.26.101, 26.26.116, 26.26.305, 26.26.505, 26.33.160, 26.33.170 Questions 1) What are Alex’s rights, if any, in this situation? Outline the steps Alex would go …show more content…
(2) An alleged father’s, birth parent’s, or parent’s consent to adoption may be dispensed with if the court finds that the proposed adoption is in the best interests of the adoptee and: (a) The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the adoptee was the victim of the rape or incest; or (b) The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the other parent of the adoptee was the victim of the rape or incest and the adoptee was conceived as a result of the rape or incest.” Elizabeth has the right to place the baby up for adoption if either of those scenarios apply however if they do not then Alex has the right to contest the adoption and take the child under his own care. The likely outcome in this case is to allow Alex to raise the child once paternity is established. The reason for this is that Elizabeth will go full term and have the child regardless of who ends up raising the baby. Due to this information the father should have the right to raise the child with or without the consent of Elizabeth. Once Alex establishes paternity it can be concluded that he will receive full parenting rights and be able to
Procedural Facts: In May 2010, a couple of months after Plaintiff Jacob Szafranski donated his sperm and have eight eggs fertilized for freezing, Plaintiff Jacob Szafranski sent Defendant Karla Dunston a text message ending the relationship. In August 2010, two months after the relationship ended, Plaintiff Jacob Szafranski filed a pro se complaint in the circuit court of Cook County. Plaintiff Jacob Szafranski sought to keep Defendant Karla Dunston from using the frozen pre-embryos so he was not forced to father a child against his will. Defendant Karla Dunston ended up counterclaiming and asking the court to grant her sole custody and control over the pre-embryos so she could someday use the pre-embryos to bear her children. Defendant Karla Dunston sited breach of contract and asked the court for relief under promissory estoppel. The circuit court ended up siding with Defendant Karla Dunston by granting her full custody and control over the use of the frozen pre-embryos.
Amie Cullimore, a medical practitioner, filed a child support claim against Michael Ranson, who more than two decades ago donated his sperm to Amie Cullimore, who subsequently conceived two children. Cullimore alleges that throughout the years, Ranson has assumed the role of loco parentis, which means that Ranson has stood in the place of the parent throughout the years. Ranson filed a response that Bill 28, also known as, All Families Are Equal Act, which extinguishes Cullimore`s claim based on the assertion that the surrogate parents who lack an intention to be parents cannot be considered parents in law.
The Father (Appellant) and Mother (Appellee) had a child together in 2004. The parents were never married. The child lived at times with each of the parents separately, and at other times with both parents together in the same
United States can be analyzed to support the charge. The case involved Shirley Green who was not the legal guardian of a child that failed to provide food and medicine for the child resulting in his death. She was charged with involuntary manslaughter, but it was reversed because there was no finding of legal duty CITE218. Legal duty is a critical element is cases and since Mrs. Kones has a legal duty for the care of John Jr. she can be charged with this crime. Within the text it explains that someone ca be held criminally liable when there is a statute that imposes a duty. Next, when someone has a certain relationship to another. When someone accepts a contractually duty to care for someone. Finally, when someone voluntarily assumes the responsibility to care for another CITE 218. The next individual that can fall under this category is the defendant’s husband, Charley Kones, despite not being the biological father of the child, upon marrying Cynthia he assumed responsibility for her offspring. This can be supported by the case of People v. Carroll were a stepmother was charged with child endangerment for failing to stop he husband from killing his daughter CITE229. The New York Court of Appeals concluded that the stepmother had a duty to care for her husband’s children because “a person who acts as the functional equivalent of a parent in a familial or household setting is … legally responsible for a child’s care” CITE229. The husband
Sub-section (i) will require George to file will a court a sworn affidavit stating his ability and willingness to have full custody of the child. Additionally, under Idaho Code § 7-1111, can file a verified voluntary acknowledgement of parentage with Annie, but if she will not then he must file a verified complaint, alleging that he is the father of the child. Additionally, following sub-section(ii), George will need to file notice of proceedings of his paternity with the department health and welfare, pursuant to Idaho Code § 16-1513, and this is where it will get really interesting for
Adoption is defined as the “act by which an adult formally becomes the guardian of a child and incurs the rights and responsibilities of a parent.” (Legal Information Institute, 2015). The first legislation ACT to govern legal adoptions was made in Western Australia in 1896 at a peak of high infanticide and infant mortality rates. Since then, new legislations have been made across each state and adoption rates have been increasing steadily. However, as indicated by a series of National Data collected by the Australian Government, following the peak of almost 10,000 adoptions between 1970 and 1971, there has been a sharp decline in adoption rates. Over the last decade specifically, there has been a low and steady rate of 400-600 adoptions per
In the Baby Jessica case, the birthmother intentionally identified the wrong man as the birth father. The adoptive parents took custody believing they had the consent of the birthfather, only to find out later that the real birthfather objected to the adoption. As a result of this case, state courts are recognizing that even when there is consent from a man who pretends to be a child's father, greater efforts must be made to identify others that may claim to be the father and steps must be taken to terminate their rights. (Gray, 18)
The father of the legitimated child gains the right to petition for child custody and visitation rights. The child also gains the right to inherit from the father, access medical history on the father’s side, and be placed in a paternal relative’s home if the mother can no longer care for the child. It also provides the legal basis for the child to establish an emotional bond with the
Birth fathers who wish to voluntarily establish paternity in order to do what is in their child’s best interests, can
Martin and Lewis walk into the building, heads held high with smiles on their faces. Lewis grabs Martin’s hand and squeezes it, a nervous gesture. Walking to the front, Martin takes a clipboard from the unperturbed lady at the desk. As they fill out their information, a few Housewife Kelly and Lawyer John couples stare at Martin and Lewis with disdain. Martin whispers words of encouragement to Lewis who is visibly upset while they wait to be called back to a small, dimly lit room in the back. When they are finally interviewed, the glasses-faced women tell them that “this just isn’t going to work out”. Martin and Lewis leave, disconsolate and enraged; this was the sixth adoption center to turn them down. Gay couples should be given the same rights to adopt children as heterosexual couples because it is the gay couple’s right as humans to pursue happiness, their sexuality is not a correlation to their parenting skills, and adoption is a preferable alternative to foster care or homelessness.
By law, adoption terminates the biological parent’s legal rights and duties to the adoptive parents (Law offices of Stimmel, Stimmel
PER REPORTER: Shauntia is pregnant and her due date is March 29th. In November 2016, she was an inpatient at the hospital. She was 15 years old when she got pregnant. The unborn child's father is 22 years old. Shauntia won't give the father's name. Shauntia's mother has filed charges with Tate County Police Department. The case is pending because they can't do a paternity test until she delivers. There was no report called in about Shauntia's and the father's age difference. Shauntia confirmed it was consensual and the pregnancy was not the result of an assault type of rape. She didn't give details of where she was when it happened. The mother is aware that the child is pregnant. It is unknown when mom found out she was pregnant. In November
A couple is looking for a surrogate. They find an interested individual named Sue. When they sit down to discuss the details of their arrangement, Sue disagree that parental rights are automatically acquired by those who have genetic claims to the fetus. What should Sue do?
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.”
The brother initially denied that he was the baby's father. However, a paternity test determined that he was the father. The mother and father were put into separate foster homes after the baby was born. A psychiatrist stated that the mother was not capable of consenting to the adoption. That is the judge decided to make the decision for the mother.