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Troxel Revisited: A New Approach to Third Party Childcare
(2015)
In 2000 in Troxel v. Granville, four United States Supreme Court justices determined that the “liberty interests of parents in the care, custody, and control of their children” generally foreclose states from compelling ...
Federalizing Birth Certificate Procedures
(2003)
A natural father is usually afforded under American law the unique "opportunity... to develop a relationship with his offspring" born to an unwed mother as a result of consensual sexual intercourse. This paternity opportunity ...
For Those Not John Edwards: More and Better Paternity Acknowledgments at Birth
(2010)
When former U.S. Senator and Presidential candidate John Edwards (finally) declared his paternity of Quinn, born of sex to Rielle Hunter, many assumed he could then begin to raise as well as financially support the child ...
Legal Paternity (and Other Parenthood) After Lehr and Michael H.
(2012)
Actual genetic ties do not always establish, or even help to establish, legal paternity of children born of consensual sex, that is, male parental rights and/or duties as of the time of birth. Paternity status, typically ...
Deserting Mothers, Abandoned Babies, Lost Fathers: Dangers in Safe Havens
(2006)
Safe Haven laws allow genetic mothers to abandon their newborns with no questions asked. Newborns are then protected from potential abuse or neglect and can be adopted at an early age into loving and welcoming families. ...
New Federal Paternity Laws: Securing More Fathers for Children of Unwed Mothers
(2006)
Public policy demands that American lawmakers, both federal and state, more vigorously promote the early, accurate, informed, and conclusive designations of fathers in law around the time children are born. There is, in ...
Constitutional Constraints on Second Parent Laws
(2014)
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 ...
Participation of Unwed Biological Fathers in Newborn Adoptions: Achieving Substantive and Procedural Fairness
(2003)
In newborn adoptions in the United States, the participation rights of too many unwed, fit biological fathers are unfairly considered. Some fathers have little or uncertain information about their children prior to or at ...
Systemically Screwing Dads: Out of Control Paternity Schemes
(2008)
In 1983 in Lehr v. Robertson, the U.S. Supreme Court recognized that paternity opportunity interests for biological fathers in children born to unwed mothers usually implicate federal constitutional life, liberty or property ...
No Genetic Ties, No More Fathers: Voluntary Acknowledgment Recissions and Other Paternity Disestablishments Under Illinois Law
(2006)
This paper begins by examining federal paternity standards involving voluntary paternity acknowledgments of children born to unmarried women. These standards are increasingly important as voluntary acknowledgments are now ...