...| Family Law Tutorial | Adoption | | | 9/21/2012 | Saurabh Mishra, 211085, Section B | Introduction Reflecting a strictly general point of view, a person or a family may proceed to adopt a child for various reasons, varying from those of a genetic nature such as infertility and homosexuality to strictly humane sentiment, such as a desire to provide a child with a home and a caring family when he has been deprived of the same due to unavoidable and unforeseen circumstances. In order to completely establish the process of adoption, it is necessary to take into one’s family the child of another and give him or her, the rights, duties, and privileges of a child and heir. Adoption is the institutionalized practice through which an individual belonging by birth to one kinship group acquires new kinship ties that are socially and legally defined as equivalent to congenital ties. These new ties supersede the old ones either wholly or in part. Adoption: Religious legal opinions Personal laws of Muslims, Christians, Parsis and Jews do not recognise complete adoption. Hindu law is the only law which recognizes adoption in the true sense of taking of a son as a substitute for a natural born one. The reason for this is partly due to the belief that a son is indispensable for spiritual as well as material welfare of the family, particularly that of a father. The only personal law which permits adoption under statute is the Hindu Adoptions and Maintenance Act, 1956. There...
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...Table of Contents Table of Contents 2 Table of Authority 2 Statement of Jurisdiction 2 Question Presented 2 State of the Case 2 Facts 2 Procedure 2 Summary of the Argument 2 Standard of Review 2 Argument 2 Table of Contents Table of Authority Statement of Jurisdiction This court has jurisdiction to hear this case under Texas Government Code § 22.220, which authorizes appellate review of all civil cases within its district or county courts. Question Presented In Texas, adoption by estoppel is proven when the adoptive parent agreed to adopt the child and the child conferred benefits on the parent. Kim Griffin agreed to “raise [Elliot Griffin] as one of her own” and acted accordingly. In addition, Elliot spent significant money and time in handling Kim’s estate after she died. Did the trial court err in deciding that there is no genuine issue of fact in this case as a matter of law? Statement of the Case Procedural History: Plaintiff-appellant Elliot Griffin, brought suit against defendants – appellees, Amber Griffin, Lester Griffin, and Steve Griffin, all of whom are Kim Griffin’s natural children, in Harris County District Court, reclaiming a fair share of Kim Griffin’s estate as a child adopted by estoppel. The defendants denied the request and filed a motion for summary judgment, asserting that Elliot was not adopted by estoppel and therefore could not inherit from Kim. The trial court granted the defendants’ motion for summary judgment...
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...Overview of the various Adoption Acts , Procedures of Adoption in India Adoption can be a most beautiful solution not only for childless couples and single people but also for homeless children. It enables a parent-child relationship to be established between persons not biologically related. It is defined as a process by which people take a child not born to them and raise it as a member of their family.Sadly, in India, this beautiful relationship is given only limited encouragement by law. Only Hindus are allowed to legally adopt. Other communities can only act as legal guardians to the children they adopt. The adopted children do not receive the status of children; they only attain the status of wards. The law is still more parent-oriented than child-oriented. It does not recognise the right of every child to a caring family environment. In the case of Hindus, it is the spiritual motive that the law recognizes. Children, the true beneficiaries of adoption, are given short shrift. The UN Convention on the Rights of the Child, 1989The United Nations Convention on the Rights of the Child, 1989, recognizes a child's right to an identity and family.Article 21 of the Convention states that:State parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall: a. Ensure that the adoption of a child is authorized only by competent authorities who determine in accordance with applicable...
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...Lisa Gentzler 6239 Cloverleaf Drive East Amherst, NY 14051 gentzler@buffalo.edu SSC 221 January 31, 2008 Professor Charles E. Carr University at Buffalo 275 Park Hall Buffalo, NY 14260 RE: Reforming Adoption Legislation Dear Professor Carr: Throughout the history of the United States, individuals have sought a myriad of human rights. The Civil War was fought to free thousands of slaves, followed by the long and arduous battle for civil rights. Women waged a fight for voting rights and in 1973, the Supreme Court handed down one of the most important decisions of the 20th century, Roe v. Wade, which gave woman control over their reproduction rights. I was born in 1966, and it has often crossed my mind that had I been conceived a few years later, would I have been put up for adoption, or never been born at all? Nevertheless, I am one of many who are being deprived of one of the most basic human rights of all. In explanation, I am adopted, and because of archaic laws, created in some cases over 100 years ago, the right I am being denied is my birthright. This birthright is being withheld from an estimated six million adult adoptees in the United States. The basic right to know where you came from, to know who you look like, to know who gave birth to you, and, ultimately, to know why you were given away. I was blessed to have been adopted by incredibly loving parents, and even though I had a wonderful upbringing, I always wondered who I look like, my biological...
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...Course Instructor Date Adoption Jean Garton once said that adoption is the only thing that has served women, children and the society well. The decision to adopt a child is a serious and huge one. Families are increasingly becoming pro-adoption with some even crossing borders and continents for the sake of adoption. Adoption is the process whereby a child or children are brought together to form a family by adults, who are not their biological parents. Adoption is not a new practice in society, in fact it has been practiced for a long time, though mostly through informal processes. The adoption process in the US today involved a lot of legal processes mostly for the sake of protecting the welfare of the children. This is important due to the inability of their biological parents to care for them. The active history of adoption dates back to the period between 1945 to 1974.This period was named the baby scoop era because of rapid acceptance of adoption as a way of family building. The World War II brought about a rise in the number of illegitimate births. The option of adoption therefore became a remedy for the unmarried mothers and couples who had fertility problems (Conn 45) These occurrences promoted adoption in the American setting making adoption legal with its main aim being to ensure the best interest of the child. It is also worth noting that the first American adoption law began in Massachusetts. This law also upheld the secrecy of the adoption process especially by...
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...My Adoption Story I was a normal teen at the age of 16, enjoying time with friends, going to football games on Friday nights, going out to eat with my father on occasion and most of all spending time with the boyfriend. I was a normal sixteen year old girl, whose life was about to change. I was going to be a mother, yet I was still a child. I had to make one of the hardest decisions a person will ever have to make. What do I do with my baby? After a couple of months of dating my boyfriend at that time, we were so happy. It was Christmas break while I was visiting my mom for the holidays; my boyfriend was at his grandma’s house in Indiana. I didn’t know how to tell him that I was late getting my monthly cycle. So I decided to text him and it took him a while to text me back due to the fact that he was in shock that I might be pregnant. When school started back in January after the holidays and he came to me and asked if I was pregnant and I haven’t taken a test yet. Then it was February and I still have not received my monthly cycle and I knew that I had to be pregnant and I just kept hoping that I wasn’t because I was not ready to be a mother at such a young age. I was still in high school and wanted to go to college and be able to live in a dorm, as well as further my education. A few more weeks went by and I still not received my monthly cycle and I was beginning to get worried. When my boyfriend and I decided to tell his mom and dad that I was pregnant they didn’t...
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...Course Instructor Date Adoption Jean Garton once said that adoption is the only thing that has served women, children and the society well. The decision to adopt a child is a serious and huge one. Families are increasingly becoming pro-adoption with some even crossing borders and continents for the sake of adoption. Adoption is the process whereby a child or children are brought together to form a family by adults, who are not their biological parents. Adoption is not a new practice in society, in fact it has been practiced for a long time, though mostly through informal processes. The adoption process in the US today involved a lot of legal processes mostly for the sake of protecting the welfare of the children. This is important due to the inability of their biological parents to care for them. The active history of adoption dates back to the period between 1945 to 1974.This period was named the baby scoop era because of rapid acceptance of adoption as a way of family building. The World War II brought about a rise in the number of illegitimate births. The option of adoption therefore became a remedy for the unmarried mothers and couples who had fertility problems (Conn 45) These occurrences promoted adoption in the American setting making adoption legal with its main aim being to ensure the best interest of the child. It is also worth noting that the first American adoption law began in Massachusetts. This law also upheld the secrecy of the adoption process especially by...
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...Adoption: A Forever Family Tracey M. Bourgoin Liberty University Abstract "Adoption is the creation of a new, permanent relationship between an adoptive parent and child. Once this happens, there is no legal difference between a child who is adopted and a child who is born into a family. Birthparents have many different reasons for putting children up for adoption" (Gaddie, 2009). Some decide that they want better lives for their children than they feel they are able to provide. Many birthparents say that having their child placed for adoption with another family is the most difficult thing in the world, but that sometimes it is truly in the child's best interest. There are many people who associate adoption with infertility, although many people who can have children, or already do, are adopting children more and more. Adopting a child is a very lengthy process and can take several years before the process is finally complete. Knowing which direction to begin in the process can also be frustrating for couples who are seeking to adopt as well. After all the paperwork, interviews, and home visits you will find that in the end your adoption journey will have been the most rewarding and fulfilling experience of your lifetime - and one that you will never take for granted once that precious gift from God is placed in your arms. Keywords: Adoption, birthparents, infertility, home visits, and interviews Adoption Introduction There are many married couples who struggle...
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...1 Tawana Gant English 102 Professor Hennicke April 8, 2013 Open Adoption vs. Closed: A Narcissism Ride Imagine being blind and experiencing the following. You’re 7 years old and your parents have just been in a devastating car crash and right before your eyes you’re now an orphan. Suddenly within weeks, you’re with a family that is in no relation to you and you have brothers and sisters but you do not know where they are because they have been placed with another family. Now having no source of connection with them, you feel emptiness inside because of this tragic change that has happened around you and your family within a short time span. Personally speaking this would be incapacitating to be around a family that were no resemblance to me; who they were or where they came from, and having them make decisions about my life without having any benefaction of my choice. In what manner do the rights of others have to anyone’s information for medical records through a closed adoption process, halting any of the child’s connections? The steps of adoption is to give the child a better contingency at life, though to interfere and disconnect his or her life ties involving their bloodline and history would not be sufficient to their lives in anyway. In other words to have a closed adoption is like someone telling a child there is no way of acquainting with the birth family or simply there is no history to be told about his or her biological roots. Generally speaking...
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...Pet Adoption Many people have different thoughts on adoption. Such as why adoption is a good thing not only for the animal but also the owner, if each dog deserves a second chance, and if there should be kill shelters. Adoption is good for both the animal and the owner, by adopting an animal is gives them a new home that they deserve. Adoption gives the owner a sense of what the animal has gone through, which sometimes helps understand the way the animal may act and can help find ways to train them. Adoption gives the animal a new start and a family that will love them no matter what. It can also help a family come together in hard times and help each other get through it. I believe that every animal deservers a second chance. It’s not their fault they got beaten, thought to fight, or that they did not have food. They do not get to pick the family or owner they end up with or what they are thought to do. They do as they are told just to make their owner happy. Many people see the bad things that animals do and they see that animal as mean yet they do not see the person behind the dog telling it what to do, It is not always the dogs choice to act the way they do. Every animal should have a chance to have a good life that is full of love and kindness. They should at least have a chance to be the best animal that they can be. I do not think that there should be kill shelters. The only reason animals are being killed is because there is not enough room in the shelters for all of...
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...LGBT Adoption New Jersey’s statewide parenting legislation espouses a progressive stance on the matters of same-sex parenting and child care in the processes of adoption and foster parenting. The Garden State allows for same-sex adoption; allows single homosexuals to adopt; and allows second parent same-sex adoption (Lifelong Adoptions, 2013). New Jersey has passed progressive laws and policies that prohibit discrimination charged against LGBT individuals in the adoption process (Lifelong Adoptions, 2013). New Jersey state law also bans discrimination against LGBT individuals in the foster parent process (Lifelong Adoptions, 2013). New Jersey Statutes Annotated 9:3-43 enables for any person to adopt permitted the said person(s) pass a background investigation and meet adoption criteria for eligibility (Onelce, 2012). Unmarried joint adoptive parents petitioning to adopt a child can do so because of N.J.S.A. 9:3-43 (Onelce, 2012). In “Re-adoption of Two Children” by H.N.R., 666 A.2d 535 (Onelce, 2012) addresses second parent adoption; this statute exercises the possibility for an individual to petition for shared rights of custody with a parent who already possesses legal parental custody of a child. Several states prohibit joint adoption due to unmarried status. This statute is favorable for unmarried parents seeking to adopt in New Jersey. This New Jersey statute provides for an overall tolerant atmosphere for LGBT individuals and couples looking to adopt or become foster...
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...The purpose of this paper is to examine the laws standing in the United States that regulate who can and who can’t adopt, as well as to look at factors such as available funds, that can cause one to be unable to adopt. There are many factors that can affect one’s eligibility to adopt, such as marital status or sexual orientation; therefore there is an abundance of laws regarding adoption eligibility. Many of the laws standing today are rather old and haven’t been reexamined, but there are a number of states that are reevaluating their views on adoption regulations. States like California and New York, states with liberals and modern outlooks, are leading the pack in changing adoption standards. Whereas states like Kentucky and Mississippi, states with conservatives and traditional views, have refused to budge on certain regulations. However, all fifty states do share some commonalities. These include the requirements of a home study and a stable financial status. This paper will discuss all of these regulations, while also reviewing where each particular regulation occurs. Regulating Factors on Adoption in the US “We’re sorry, but you won’t be able to adopt a child with us.” A couple has just been told that their dreams of starting a family won’t be coming true any time soon. This couple, a young man and his wife, tried to have children for a long while before they found out it wasn’t possible. So, determined and hopeful, they went searching for other ways to start a family...
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...Gay Adoption Family is not determined by blood relations, legal documents, or a last name. The traditional definition of family is one man and one woman raising their children together. The key word is traditionally; America is so caught up in traditions. Traditionally, it would be ridiculous to think that a child could be raised in a gay household. But it is becoming more acceptable in our society to embrace different ideas of what a family should be, such as the acceptance of gay adoption. Gay adoption should be allowed because there are far too many children without loving homes, because it is prejudice to deny homosexuals the right to adopt based on sexuality, and because it is narrow-minded to assume that heterosexuals make better parents than homosexuals do. In the United States alone, the number of children forced into the foster care system is unimaginable. According to the most current Adoption and Foster Care Analysis and Reporting System Report there were about 423,773 children in foster care in the United States on September 30, 2009 ("The afars report," 2010). Each foster child in the system should have a chance at adoption. To deny homosexuals the right to adopt is heartbreaking for both the child and the potential gay parent or couple. Gay parents are already serving as foster parents towards children; adoption is simply confirming the legal rights of the gay couple. The sexual orientation of a potential parent looking to adopt should not matter; the child should...
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...century, in relation to the forced adoption practices that were taking place between the 1950’s and 1980’s. Forced adoption is used to explain a situation where a parent is having their child forcibly removed without their given consent. The Australian government together with all state governments failed to provide unmarried mother with equal treatment to that of married mothers in Australian public hospitals. In my essay I will be discussing the false distinction between capacities of young unwedded mothers to raising their children compared to the married financially secure mothers, along with analysing the shame and guilt felt by the mothers of losing their baby’s with the national apology trying to restore their lost dignity. The Oxford English Dictionary describes dignity as the quality of being worthy or honourable; worthiness, worth, nobleness and excellence (Oxford Dictionary).During the time when forced adoptions in Australia were taking place, legislative changes emerged in the 1950s and consolidated in the 1960s enshrined the concept of adoption secrecy and the ideal of having a "clean break" from the birth mother. Adoption practices in Australia has undergone a great deal of change along with society's responses and views towards pregnancies outside of marriage and single motherhood. Until a section of legal, social and economic changes in the 1970s, unwed women who were pregnant were expected to give up their babies for adoption. The shame, guilt and silence that...
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...century, in relation to the forced adoption practices that were taking place between the 1950’s and 1980’s. Forced adoption is used to explain a situation where a parent is having their child forcibly removed without their given consent. The Australian government together with all state governments failed to provide unmarried mother with equal treatment to that of married mothers in Australian public hospitals. In my essay I will be discussing the false distinction between capacities of young unwedded mothers to raising their children compared to the married financially secure mothers, along with analysing the shame and guilt felt by the mothers of losing their baby’s with the national apology trying to restore their lost dignity. The Oxford English Dictionary describes dignity as the quality of being worthy or honourable; worthiness, worth, nobleness and excellence (Oxford Dictionary).During the time when forced adoptions in Australia were taking place, legislative changes emerged in the 1950s and consolidated in the 1960s enshrined the concept of adoption secrecy and the ideal of having a "clean break" from the birth mother. Adoption practices in Australia has undergone a great deal of change along with society's responses and views towards pregnancies outside of marriage and single motherhood. Until a section of legal, social and economic changes in the 1970s, unwed women who were pregnant were expected to give up their babies for adoption. The shame, guilt and silence that...
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