Title: Family Ties: Solving the Constitutional Dilemma of the Faultless Father
Abstract: In this article, Professor Meyer examines how developments in constitutional theories of parental rights in both the U.S. Supreme Court and the state courts have introduced significant insecurity into adoption law, exemplified by the highly publicized transfers of children to their biological fathers in the Baby Jessica and Baby Richard cases. He goes on to argue that recent legislative efforts to address this insecurity - by expanding the grounds upon which biological parents' rights may be terminated and by providing for the possibility of long-term third-party custody of children without adoption - have failed to achieve the goal of maximizing the welfare of children consistent with the constitutional rights of unwed fathers. Toward this end, he proposes a new model of adoption, under which, in limited circumstances, adoption of children would be permitted without terminating the rights of an unwilling biological parent. He then demonstrates why this new form of adoption would better serve the interests of children, without violating the constitutional rights of biological parents.
Publication Year: 2000
Publication Date: 2000-10-09
Language: en
Type: article
Access and Citation
Cited By Count: 6
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot