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Two to Tango, One in Limbo: A Comparative Analysis of Fathers’ Rights in Infant Adoptions

Duquesne Law Review, Vol. 47, pp. 89-114, 2009

26 Pages Posted: 29 Apr 2009 Last revised: 5 Jun 2012

Margaret Ryznar

Indiana University Robert H. McKinney School of Law

Date Written: April 29, 2009

Abstract

Many American and English courts today permit infant adoptions without notifying or seeking the consent of biological fathers. However, children’s best interests would be better served by recognizing their father-child relationship, instead of institutionally denying it. Any legal approach that ignores the biological father devalues the importance of a child’s placement in the paternal family unit, the significance of the medical history on the father’s side, the emotional link between a father and his child, and the father’s legal right to his own child. This comparative law Article therefore argues, using the American and English legal systems as illustrative examples, that both the father and the child should have their father-child relationship protected, which must be properly severed and waived by informed consent before a child is placed for adoption.

Keywords: family law, comparative law, comparative family law, adoption, English law, Fourteenth Amendment, fathers' rights, children's best interests

Suggested Citation

Ryznar, Margaret, Two to Tango, One in Limbo: A Comparative Analysis of Fathers’ Rights in Infant Adoptions (April 29, 2009). Duquesne Law Review, Vol. 47, pp. 89-114, 2009. Available at SSRN: https://ssrn.com/abstract=1396789

Margaret Ryznar (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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