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Parentage Law (R)Evolution: The Key Questions
American state parentage laws have evolved significantly in the past half century in response to changes in both reproductive technologies and human conduct. Yet further evolution, if not a revolution, seems inevitable. ...
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 ...
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 ...
Choosing Among Imprecise American State Parentage Laws
Not too long ago American state laws chiefly designated parentage at precise moments in time. One became a parent upon giving birth; upon having one’s spouse give birth; upon formal adoption; upon completion of a birth ...
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 ...