NCJ Number
150040
Journal
State Court Journal Volume: 18 Issue: 1 Dated: (Summer 1994) Pages: 11-14
Date Published
1994
Length
4 pages
Annotation
Current major legal issues in adoption were identified by means of an analysis of all 58 State appellate court opinions published during 1993.
Abstract
The analyses revealed several substantive and procedural issues related to the termination of the legal rights of the natural parent or parents as a prerequisite to adoptions. Substantive legal issues related to adoptions by relatives, adoptions by foster parents, adoptions of American Indian children, adoption by same-sex pairs of parents, wrongful adoption, and open adoption. Most courts reject a predetermined hierarchy between competing candidates for prospective parents and focus on the best interests of the child. Ambivalence exists over whether foster parents should be encouraged to adopt children placed in their care. Courts in two States have ruled that when a family unit is composed of a birth mother and her same-sex partner and the adoption is in the best interests of the child, the second woman should be allowed to adopt the child while leaving the parental rights of the birth mother intact. Courts are reluctant to encourage causes of action against adoption agencies for wrongful adoption. Reference notes