Abstract

http://ssrn.com/abstract=1154192
 
 

Footnotes (147)



 


 



Adoption Notices to Genetic Fathers: No to Scarlet Letters, Yes to Good-Faith Cooperation


Jeffrey A. Parness


Northern Illinois University - College of Law


Cumberland Law Review, Vol. 36, 2005

Abstract:     
American courts and legislatures have struggled to define the participation rights of genetic fathers in governmental adoption schemes for infants born to unwed mothers as a result of consensual sexual intercourse. Federal constitutional privacy interests in both paternity opportunity and childrearing compel a certain level of genetic father participation. However, excessive levels of participation undermine the goals of swift, final, and inexpensive adoptions, as well as deny some maternal preferences.

The difficulties in balancing genetic father participation with competing interests are well illustrated by recent developments in Florida. There, the so-called "Scarlet Letter" law of 2001 (effectively branding women as promiscuous and unfit parents for little reason) was rather quickly replaced by a "Putative Father Registry" law in 2003. Unfortunately, neither law strikes a proper balance. Scarlet Letter laws are unwarranted (as well as unconstitutional), while putative father registries confer inadequate participation rights for unwed fathers. The most appropriate course of action would be for Florida, and other states, to incorporate a good-faith cooperation responsibility for most genetic mothers during newborn adoptions, under which mothers would have greater duties in naming or helping to name the genetic fathers of newborns who are placed for adoption.

Number of Pages in PDF File: 19

Keywords: Family Law, Adoption, Genetic Fathers, Adoption Notice

Accepted Paper Series





Download This Paper

Date posted: July 4, 2008  

Suggested Citation

Parness, Jeffrey A., Adoption Notices to Genetic Fathers: No to Scarlet Letters, Yes to Good-Faith Cooperation. Cumberland Law Review, Vol. 36, 2005. Available at SSRN: http://ssrn.com/abstract=1154192

Contact Information

Jeffrey A. Parness (Contact Author)
Northern Illinois University - College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
Feedback to SSRN


Paper statistics
Abstract Views: 501
Downloads: 30
Footnotes:  147

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.328 seconds