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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 ...
Parentage Prenups and Midnups
In July 2012, the National Conference of Commissioners on Uniform State Laws recommended for enactment in all American states the Uniform Premarital and Marital Agreements Act. Unlike its predecessor, the Act treats ...
Federal Constitutional Childcare Interests and Superior Parental Rights in Illinois
Even without a majority rationale, the opinions in Troxel v. Granville, 530 U.S. 57 (2000), support the notion that there are federal constitutional “liberty interests of parents in the care, custody, and control of their ...
Nonparental Childcare and Child Contact Orders for Grandparents
The U.S. Supreme Court has long recognized that the regulation of certain areas of domestic relations, including standing to seek a childcare order, rests within the virtually exclusive province of the states. State lawmakers ...
Marriage Equality, Parentage (In)Equality
Recently, several quite distinguished commentators have asked how, if at all, the U.S. Supreme Court will speak, after its same sex marriage ruling in Obergefell v. Hodges, to interstate inequalities involving the federal ...