Guide · Family Law

Adoption and Assisted Reproduction: A Comprehensive Guide to Parentage, Consent, and Interstate Placement

42 U.S.C. § 675(5)(E)

Type
Guide
Jurisdiction
National
Date
2024-08-14
Topic
Family Law

A complete practitioner's treatment of adoption and assisted reproduction for family formation counsel. Part I sets the modern parentage framework under the Uniform Parentage Act. Parts II through V cover adoption's core mechanics: the types of adoption and how their requirements differ, consent and the revocation rules that vary enormously by state, involuntary termination and the federal timelines that drive foster care adoptions, and the unmarried father problem including putative father registries and the constitutional line from Stanley through Lehr. Parts VI through VIII cover the placement constraints: the Indian Child Welfare Act and its survival in Haaland v. Brackeen, the Multiethnic Placement Act, and the Interstate Compact on the Placement of Children whose violation is the most common procedural error in interstate adoptions. Parts IX and X cover the home study through finalization and post-adoption contact agreements. Part XI covers intercountry adoption and the citizenship gap that follows an IR-4 visa. Parts XII through XV cover assisted reproduction: donor gametes and consents, gestational surrogacy from agreement through pre-birth order, embryo disposition disputes, and donor identity in an era when anonymity is unenforceable. Parts XVI through XVIII cover tax and immigration, the ethical problems distinctive to this practice, and the verification list.

Adoption and Assisted Reproduction: A Comprehensive Guide to Parentage, Consent, and Interstate Placement

Family Law > Adoption and Assisted Reproduction | Published 14 August 2024 - Updated 18 June 2026 | UpLaw - uplaw.us

In brief. Family formation practice has one organizing rule: obtain a judgment. A presumption may not travel; a consent form may not be honored elsewhere; a surrogacy statute protects a family in the enacting state and may not protect them after a move. What travels under the Full Faith and Credit Clause is a judgment entered by a court with jurisdiction over the class of case. Everything in this guide is an elaboration of how to get one and what can go wrong on the way.

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