Preview

Parental Rights in Regards to Adoption: Case Study Questions

Good Essays
Open Document
Open Document
900 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Parental Rights in Regards to Adoption: Case Study Questions
Memorandum
From: Harlee Cuomo
To: Marvin Longabaugh
Date: June 2, 2015
Re: Parental Rights in Regards to Adoption
Relevant Facts Alex and his girlfriend, Elizabeth, live within the state of Washington. Alex is twenty-seven and his girlfriend is twenty-one. Elizabeth wants to become a cardiologist one day. Alex finds out that Elizabeth is pregnant and wants to give the baby up for adoption. Alex, however, wants to be a parent to the unborn child. Both Elizabeth and her parents believe the baby would be better off with a stable married couple.
Statutes
Rev. Code Wash. (ARCW) §§ 26.26.101, 26.26.116, 26.26.305, 26.26.505, 26.33.160, 26.33.170
Questions
1) What are Alex’s rights, if any, in this situation? Outline the steps Alex would go through in order to exercise his rights in this situation.
In order for Alex to exercise his rights there are several steps he must complete. To begin using Rev. Code Wash. (ARCW) § 26.26.101, Alex must establish that he is the father of the unborn child through presumption of parentage, acknowledgement, joint custody or adoption. Alex must attempt to establish the parent-child relationship. First, Alex that he must try to become the presumed father. Presumption of parentage could apply under Rev. Code Wash. (ARCW) § 26.26.116, “(1) In the context of a marriage or a domestic partnership, a person is presumed to be the parent of a child if: (a) The person and the mother or father of the child are married to each other or in a domestic partnership with each other and the child is born during the marriage or domestic partnership”. Therefore if Alex were to marry Elzabeth he would be presumed father of the unborn child, however due to Elizabeth wanted to put the child up for adoption it is unlikely that a marriage would occur. If Alex is opposed to marrying Elizabeth then under Rev. Code Wash. (ARCW) § 26.26.305 Alex must execute acknowledgement of paternity. By doing so it is stated in Rev. Code Wash. (ARCW) § 26.26.305 that, “an
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Case Brief on Adoption Case
    • 311 Words
    • 1 Page

    Case Brief on Adoption Case

    Facts: Mary Jo was born to her biological mother Martha Spinks. Martha had been battling a tough drug addiction, and when Mary Jo was just four years old, Martha was sent to prison. The Spinks' neighbors, Stephen and Melinda Parker had decided to adopt Mary Jo and would raise her. Upon moving in with the Parkers, Mary Jo took their last name, and was now Mary Jo Parker. Mary Jo was the oldest of the Parker's children, they later had 2 biological children. Throughout her life, Mary Jo was enrolled in school as the Parker's child, and changed the name on her Social Security Card as Mary Jo Parker. She resided with the Parkers from age four, until eighteen when she moved away to college. The Spinks took it upon themselves to pay for Mary Jo's education. Throughout her entire life the Spinks referred to Mary Jo as one of their three children and Mary Jo referred to them as her parents and referred to their other two children as her siblings. In 2005, Stephen Park became ill. Mary Jo was never formally/legally adopted by Mr. and Mrs. Spinks. In 2007 Mr. Parker died. When he died he left his entire estate to his wife. In his obituary, it was stated that he had three children. In 2013, Melinda died without a will. Her other two children feel that they are entitled to half of her estate. Mary Jo Spinks is seeking her rights to the estate of Melinda Parker regarding her will.…

    • 311 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Better Essays

    Gary's Case Of The Guardianship Of Infants Act
    • 1713 Words
    • 7 Pages

    Gary's Case Of The Guardianship Of Infants Act

    In relation to Gary’s child, Zoe, as she was born outside of marriage, only Jayne has automatic rights to guardianship of Zoe. This applies even if Gary’s name is on Zoe’s birth certificate, Gary still does not have any guardianship rights in relation to Zoe. Gary’s position as an unmarried father is not certain. Gary has a ‘defeasible right’ to apply to the court to be appointed guardian, under section 6A of the Guardianship of Infants Act, 1964, as inserted by Status of Children Act, 1987. Gary could apply for joint- custody, if Jayne would agree. This would mean they would both have to sign a ‘statutory declaration’; this must be signed with a Peace Commissioner or Commissioner for Oaths present. This ‘Statutory Declaration’ declares the names of both the mother and father of the child, that they are not married and they agree the father should be appointed as a joint guardian. It also declares the agreement of custody arrangements and access that the mother and father have made. If Jayne does not agree to sign this declaration or does not want Gary to be appointed as a joint guardian, Gary must then apply to the court to gain joint guardianship. Gary does not need legal representation for this; he can make this application on his own behalf. Gary can directly apply to the District Court…

    • 1713 Words
    • 7 Pages
    Better Essays
    Read More
  • Good Essays

    Matter Of Annette B Case Study
    • 627 Words
    • 3 Pages

    Matter Of Annette B Case Study

    A parent in Joseph’s position who did not want to lose custody of his child would have been more determined to find Annette and communicate and interact with her. Therefore I do not feel like he justifies the right to be a part of her life. Then he is not even fighting for full custody. It seems if he just wants to be able to deal with her at his convenience. This in my opinion is only going to cause more confusion in the child’s life. He should even feel embarrassed to even be fighting for this if it is not for full…

    • 627 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Speech on Adoption Issues in Nsw -Family Law Legal Studies
    • 1145 Words
    • 5 Pages

    Speech on Adoption Issues in Nsw -Family Law Legal Studies

    Adoption is the legal process, which permanently transfers all the legal rights and responsibilities of being a parent from the child’s birth parents to the adoptive parents.…

    • 1145 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Debrifing Case
    • 664 Words
    • 3 Pages

    Debrifing Case

    going to need protective custody after this, no lie!!” Alex Rosamilla. I assure him that we can see…

    • 664 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    June 2010 Question 3 - The Right to a Child
    • 2219 Words
    • 9 Pages

    June 2010 Question 3 - The Right to a Child

    Explain how a follower of Kantian ethics might approach issues surrounding the right to a child. [25]…

    • 2219 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Roe Vs Wade Research Paper
    • 487 Words
    • 2 Pages

    Roe Vs Wade Research Paper

    * She ends up having the child and giving it up for adoption because trail…

    • 487 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Adoption and Nature vs Nurture
    • 1028 Words
    • 5 Pages

    Adoption and Nature vs Nurture

    Melosh, B. (2006) Strangers and Kin: The American Way of Adoption. Boston. Harvard University Press.…

    • 1028 Words
    • 5 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Closed Adoptions
    • 327 Words
    • 2 Pages

    Closed Adoptions

    There is no danger of the birth parents interfering with the upbringing of the adopted child and there will not be any risk of ‘co-parenting’. (findlaw)…

    • 327 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Eveline Keeps Her Mother’s Promise
    • 409 Words
    • 2 Pages

    Eveline Keeps Her Mother’s Promise

    Eventually at the end of the story Eveline changes her mind at the very moment of eloping regardless of her unhealthy relationship with her father.…

    • 409 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Duty, Honor, Country Speech
    • 375 Words
    • 2 Pages

    Duty, Honor, Country Speech

    | Whoa! The dad was 15 years older than her! What was she thinking? Was this even legal back then? To be married at such young age?…

    • 375 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Best Essays

    International Adoption
    • 1992 Words
    • 8 Pages

    International Adoption

    Mohanty, J., Keokse, G. & Sales, E. (2006). Family cultural socialization, ethnic identity, and self-esteem: Web-based survey of international adult adoptees. Journal of Ethnic & Cultural Diversity in Social Work, 15(3/4), 153-172.…

    • 1992 Words
    • 8 Pages
    Best Essays
    Read More
  • Powerful Essays

    Fetal Rights
    • 2002 Words
    • 9 Pages

    Fetal Rights

    What is a foetus? The foetus is the developed mammal after the embryonic stage and before birth. The foetus develops from the ninth week of gestation, when primary structures and organ systems have formed, until birth. Factors affecting foetal growth include maternal, placental, and foetal. Maternal factors affecting foetal growth include size, weight, nutritional state, cigarette smoking, substance abuse, uterine blood flow, anaemia, and environmental noise exposure. Deficient growth can result in low birth weight and increased risk for perinatal mortality and other health dangers.…

    • 2002 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Good Essays

    Comparison Of Blessing And Bessie
    • 160 Words
    • 1 Page

    Comparison Of Blessing And Bessie

    In this situation, in 1955, both parents came together carried out the change over sacrifice, within three weeks Grace became pregnant of her first daughter Susana which is my elderly sister. However, in two years period, they had a baby boy named Ernest which is my elderly brother. In another two years they had twain girls, named Blessing and Bessie. In the process of time my father and mother had the total of seven children. However, out of the seven children, three are boys, while four are girls. My mother did not know Mark has married her for a second wife as a result, in those days; they normally have assorted mud house in a compound which makes it simple for a man to have a secret affair. Consequently, he has a hidden concubine and a…

    • 160 Words
    • 1 Page
    Good Essays
    Read More
  • Powerful Essays

    Gay Adoption in the United States
    • 1927 Words
    • 8 Pages

    Gay Adoption in the United States

    Latest statistics from the U.S. Census 2000, the National Survey of Family Growth (2002), and the Adoption and Foster Care Analysis and Reporting System (2004)…

    • 1927 Words
    • 8 Pages
    Powerful Essays
    Read More

Related Topics