Research Adoption Law
A new client has come to your office. She and her husband are in the process of adopting a new baby. A teenager who lives in their neighborhood has decided that she is too young to be a mother. The couple has no children and is extremely excited to be starting a family. Your supervising attorney has asked you to do some initial research on adoption law. You believe that adoption law is generally state law; however, you are not quite sure. Your client lives in the state of Iowa. The teenager who is giving up her baby would like an open adoption. The biological father does not want anything to do with the baby.
Please answer and discuss the following questions:
- Where would you begin your research and why?
- What is the jurisdiction that would govern your search? How did you figure this out?
- Do an initial search on Iowa?s government website. See if you can locate a statute or any other sources you would consider helpful with this research problem. Please share with your classmates what you find.
Provide a brief description of the source and a citation.
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Adoption of a child usually is an exhausting process not only for the adopting parents but also for the parents relinquishing any rights in relation to the child in question. This is sometimes caused by the legal discrepancies that surround the adoption process and the cross-border nature of the adoption process. Many at times, prospective parents opt to adopt outside of the United States because of the stringent applicable laws in the United States. Many people assume that adoption laws are state based oblivious of the fact that the federal government has its own reservations and legislation as regards adoption (Brodzinsky, 1993).
The first place one should look to when it comes to conducting research pending adoption is government websites or bureaus that are mandated to oversee adoption processes. This way one avoids the redundancy in acquiring inconsistent or inaccurate information. Legal affairs are naturally sensitive and one needs the most accurate information they can get they get their hands on. Generally speaking, federal law provides for the framework for adoption all over the United States. States on the other hand legislate on laws to provide for procedures to be followed in compliance with federal law within the individual states. This therefore means that both the federal government and state are responsible for the passing of adoption law (Reynaert, Bouverne-de-Bie, & Vandevelde, 2009).
In this case, the federal government law shall be equally as responsible as state law. This is because while the substance of the law is provided by the federal government, the state is responsible for the procedural bit. Logically speaking, none makes any sense without the other and that implies that both must be afforded due consideration. For example, the first step in the process of adoption is the relinquishing of parental rights by the by the child?s birth parents to pave way for the adopting parents to assume responsibility as the legal parents. While this law is of federal nature embedded in the United States family code, the procedures that need to be followed to be considered to have dully complied with the requirements are given by individual states and vary from state to state. This is discernable from the fact that both the federal government and individual states legislate on adoption laws and must therefore be dully regarded.
Since 1974, federal law has enthusiastically fended for adoption laws. This is a period of time characterized by active civil society groups which explains the passing of several civil statutes by either government; whether state or federal. Such include the Child Citizenship Act of 2000 which allows for adoption into the United States of certain foreign biologically born or adopted children of American Citizens to acquire American Citizenship. There are other legislations such as the Inter-Country Adoption Act of 2000. This information is freely and easily obtainable from the federal legislation index and the index of federal child welfare laws. Every single state has its own additional procedures most of which are identical to each other (Brodzinsky, 1993).
Brodzinsky, D. M. (1993). Long-Term Outcomes in Adoption. The Future of Children Adoption, 3(1). United States: University of Texas.
Reynaert, D., Bouverne-de-Bie, M., & Vandevelde, S. (2009, November). A Review of Children?s Rights Literature Since the Adoption of the United Nations Convention on the Rights of the Child. 1(5118-534). University College Ghent, Ghent University,.
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Your first article, where did you locate it? It think it might be a law review article. Here you use the traditional format of APA. While effective, we are going to work on translating into Bluebook. One of the big distinctions is that the author's names are First Last.
Your source of University College of Ghent. Is that a source specific to the United States? Remember that the question specifically asked us to look for the application in our given state of Iowa. Where might we find that specific application?
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