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Constitutional Constraints on Second Parent Laws
American state parentage laws have traditionally required biological or adoptive ties and no more than two parents for any one child at any one time. Biological ties were demonstrated by giving birth or sperm. Adoptive ...
Survey of Illinois Law: Stepparent Childcare
In Illinois, the “liberty interests of parents” are reflected in the “superior rights doctrine,” which holds, as elsewhere, that parents have superior rights regarding the care of their children. This doctrine is necessitated ...
Federal Constitutional Childcare Parents
The U.S. Supreme Court has long recognized federal constitutional childcare rights in parents that may not be easily diminished or eliminated by government. Yet it has allowed these childcare rightsholders to be chiefly ...
State Lawmaking on Federal Constitutional Childcare Parents: More Principled Allocations of Powers and More Rational Distinctions
Unlike other federal constitutional rightsholders, a parent with the federal constitutional right to exercise “care, custody, and control” over a child is defined by state lawmakers. While federal constitutional childcare ...
Challenges in Handling Imprecise Parentage Matters
Legal parentage under American state laws is significantly and rapidly evolving. And, it is increasingly imprecise. No longer is legal parentage only defined at precise moments in time or for particular conduct, as by ...