Adoption Law Final Exam

How long has Christine been practicing law?

11 years

In Florida, Children have to reach the age of ___ to consent to an adoption.

12

At what age can most people adopt a child?

18

When was the Indian Child Welfare Act adopted?

1978

Since when has Christine been working in the legal field?

1993

The Hague Conference on Private International Law adopted the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption became law in the United States in ________.

2008

What year was DOMA declared unconstitutional?

2010

How old do you have to be to become a foster parent?

21

How old was Lily when she was adopted?

3

_______ states have enacted statutes that allow adopting parents to abrogate adoptions. a) 3 b) 5 c) 12 d) 27

3

When can a birthparent sign consents for a child over six months old?

3 business days

In Florida, when can the birth Mother sign the consents to be able to give her child up for adoption if the child is a newborn?

48 hours after delivery or upon discharge

Which one of these is NOT considered a disability? a)physical disability b)A child under 8 years old c)Developmentally disabled d)emotionally disability

A child under 8 years old

When David was 8, what did his adoptive parents show him?

A picture of his biological parents

What did David's birth Mom give his biological mom as a token of appreciation?

A scrapbook

In ________________________, a blind woman and her husband who were found unsuitable to become foster parents sued the county agency. a)Americans With Disabilities Act of 1990. § 202, 402 U.S.C.A. § 12132 b)Massachusetts case of In re Goldman, 121 N.E.2d 843 (Mass. 1954) c)Goodridge v. Department of Public Health, 798 N.E.2d 941 (Mass. 2003) d)Adams v. Monroe County Dept. of Social Services, 21 F. Supp. 2d 235 (W.D.N.Y. 1998)

Adams v. Monroe County Dept. of Social Services, 21 F. Supp. 2d 235 (W.D.N.Y. 1998)

What is the first easiest adoption Christine does?

Adult Adoption

A child adopted from a non-Convention country must qualify as an orphan under U.S. immigration law and the adopting parent(s) generally must follow the non-orphan process. True or False

False

Adoption proceedings and records are not confidential in nature. True or False

False

Adoption severs the legal relationship of adopted children with their adoptive parents, and adopted children become, for all legal purposes, the children of their biological parents. True or False

False

David never knew he was adopted until he was way older. True or False

False

Florida has always allowed adoptions by same sex couples. True or False

False

Foster parents are not allowed to adopt. True or False

False

Foster parents don't have to update case workers about any adjustments in school, home or the community. True or False

False

In the Florida you have to be married to adopt. True or False

False

Some states allow Mother's to consent to an adoption before the child is born. True or False

False

Step-parent adoption is directed by federal law. True or False

False

Under the Due Process Clause of the Fifth Amendment to the US Constitution, the Supreme Court has held that natural parents have a fundamental liberty interest in the care, custody, and management of their children. True or False

False

Waiver of consent is not an issue in an involuntary termination of parental rights. True or False

False

Your ability to adopt is restricted based on your religion and sexual orientation. True or False

False

ART procedures never uses donor eggs, donor sperm, or previously frozen embryos. True or False

False ART does use donor eggs, sperm donors or previously frozen embryos.

Unwed father's have no rights and are not considered parents under the constitution. True or False

False Unwed fathers, the Court held, are parents and as parents are constitutionally entitled to a hearing on their fitness before their children are removed from their custody. The Court further held that the denial of such a hearing violates the equal protection clause.

What Federal Program Offers Adoption subsidies? a)Adoption Title 2 b)Special Needs Article 3 c)Adoption Title X d)Federal (Title IV-E)

Federal (Title IV-E)

What disability did Lily have?

HIV

An unmarried biological father only has what type of rights?

Inchoate Rights

What does ICPC stand for?

Interstate Compact on the Placement of Children

In _______________________, the Wisconsin Supreme Court held that a wrongful adoption claim can be brought by an adoptive parent against an agency for negligently misrepresenting the child's health. a)Meracle v. Children's Service Society of Wisconsin b)M.H. v. Caritas Family Serv c)Roe v. Catholic Charities of the Diocese of Springfield d)Michael J. v. County of Los Angeles Department of Adoptions

Meracle v. Children's Service Society of Wisconsin

Who is the act meant to protect?

Native American Children

Did David's Birth Parents stay together?

No

Mary and Joe are married, they have been struggling with infertility issues for many years. They were finally able to afford going through the IVF process and were able to successfully create 10 embryos. They had all of them frozen until they were ready to transfer. Mary underwent (2) months of fertility injections to prepare her lining for an embryo transfer. They thawed 5 embryos, but only (2) survived the thawing. Mary and Joe decided to have both embryos transferred, despite doctors warning her that she may be at a higher risk of multiple. They transferred the embryos which resulted in successful pregnancy with twins. The twins are now 2 years old and Joe wants Mary to undergo IVF again to have another baby. Mary is done having children, the twins are a handful and she doesn't want anymore children. Can Joe force Mary to thaw the (5) remaining embryos and have them transferred? a)Yes, they are married. So, he can make her do it. b)Maybe, but he might have to get a Court order. c)No, you can't force someone to become a parent. d)No, but he can have a surrogate carry them.

No, you can't force someone to become a parent

Define Involuntary Adoption

Placement After Dependency

According to Christine, what 2 types of surrogacy's are there in Florida?

Preplanned Adoption and Gestational Surrogacy

If one or both parents are deceased or have lost their parental rights for other reasons, however, consent may be given all of the following except: a)A guardian of the child b)A court that has jurisdiction over the child c)An agency or person that has custody of the child d)The Biological Mother or Father

The Biological Mother or Father

Define Embryo Adoption

The phrase used to describe the practice of donating cyrogenically preserved embryos to a genetically unrelated woman for implantation and eventual birth.

Why were they removing Native American children from their tribes?

They wanted native american children to become assimilated.

Define Putative Father Act

This act requires notice to every potiential father of the child known to the person seeking termination of his rights.

How did David get to Indiana to meet his Birthmom?

Train

A home study may be waived in the case of a step-parent adoption or a kinship adoption. True or False

True

Adoption attorneys who have worked in family law for three years and served as counsel on at least 25 adoptions can apply for provisional membership in the American Academy of Adoption Attorneys. True or False

True

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents, and, in so doing, permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents. True or False

True

Any intervention by the State into family life on behalf of children must be guided by law, by strong philosophical underpinnings, and by sound professional standards of practice. Child welfare services must be based on these principles. True or False

True

Assisted reproductive technology (ART) is used to treat infertility. True or False

True

Before 2003 no state supreme court had decided that the restriction of a marriage license to a same-sex couple was a violation of that couple's fundamental right to marry. True or False

True

Before voluntary termination can take place, state laws require one or both birth parents to legally "consent" to the adoption. True or False

True

Birth parents rights can be terminated involuntarily if certain conditions are met. The most common grounds for involuntary termination of parental rights include: Severe child abuse or neglect of the child -Mental illness or incapacity based on alcohol or drug use of the parent -Abandonment -Conviction of a crime by the parent involving children -Conviction of a crime by the parent requiring jail time beyond which time would negatively impact the child True or False

True

Endometriosis is a leading cause of Infertility. True or False

True

ICWA was enacted in 1978 because of the disproportionately high rate of removal of Indian children from their traditional homes and essentially from Indian culture as a whole. Before enactment, as many as 25 to 35 percent of all Indian children were being removed from their Indian homes and placed in non-Indian homes, with presumably an absence of Indian culture True or False

True

If you wish to adopt a child from a Hague Adoption Convention country, you must begin the adoption process by filing Form I-800A. True or False

True

If you wish to adopt a child from a country not party to the Hague Adoption Convention, you may choose to file the Form I-600A before identifying a child for adoption. True or False

True

In most states, it is legal to adopt an adult. True or False

True

In response to the high breakup rate of Indian families by nontribal agencies, ICWA was enacted to establish standards for the placement of Indian children in foster and adoptive homes and to prevent the breakup of Indian families. True or False

True

Individuals may adopt in Florida as well as married couples. But most adoption professionals will have adoption requirements about married couples and individuals adopting. True or False

True

Intercountry adoptions are governed by three different sets of laws: U.S. federal law, the laws of the prospective adoptive child's country of origin, and the laws of your U.S. state of residence. True or False

True

Iowa and Illinois have authorized standby adoption, which in Iowa's statute is "an adoption in which a terminally ill parent consents to termination of parental rights and the issuance of a final adoption decree effective upon the occurrence of a future event, which is either the death of the terminally ill parent or the request of the parent for the issuance of a final adoption decree. True or False

True

Preborn(embryos) children are entitled to the rights and protections accorded to all children legally and morally. True or False

True

Some agencies use a sliding scale to adopt children based on income. True or False

True

Standards for placement are statutory and in cases of agency placement, they are determined by the agency itself. True or False

True

Surrogates can opt to keep babies, which has happened invariably in many cases. True or False

True

The Goodridge decision did not herald a widespread legal acceptance of same-sex marriage. True or False

True

The Hague Adoption Convention generally forbids prospective adoptive parents from having any contact with the child's birth parents, and/or the child's legal guardians before the country of birth determines the child is adoptable according to Convention principles and refers the child for adoption to a family. True or False

True

The Indian Child Welfare Act (ICWA) was enacted in 1978 in response to a crisis affecting American Indian and Alaska Native children, families, and tribes. True or False

True

The Indian Child Welfare Act of 1978 establishes standards for the adoption and foster care of Indian children. True or False

True

There are two ways of adopting a foreign-born child. One is to adopt the child in the country of the child's birth and bring the child to the United States, in some instances adopting the child again in the adoptive parents' home jurisdiction. The other is to have the child brought to the United States and to adopt the child in the adoptive parents' home jurisdiction. Either way, the United States Citizenship and Immigration Services (USCIS) must be consulted for purposes of determining whether the child qualifies for obtaining an IH-3. True or False

True

To be eligible to receive an immigrant visa through the immediate relative process, the child must have been adopted while under the age of 16 (or be the natural sibling of such a child, adopted by the same parents as his or her sibling while under the age of 16). True or False

True

Until 2010, Florida adoption law prohibited LGBT individuals from adopting. This law was ruled unconstitutional, and in 2015, the repeal of the ban was officially signed into law. True or False

True

When there is no genetic link to either the woman who has provided an egg to be fertilized or to man who has provided his sperm, adoption of the child who has been conceived through the new assisted reproductive techniques may be the appropriate vehicle for parenthood. True or False

True

Where did Christine go to undergrad?

UCF

What is t he cap per the Florida Statute on the expenses paid for the birth mother, such as clothing, food, cell phone.

Up to $5,000 without a court order

Define Artificial Insemination

With this method, the mother is known but the sperm donor may or may not be known depending on the circumstance.

______________ adoption is a term used to describe the cause of action available to an adoptive couple for the agency's failure, whether negligently or intentionally, to disclose important facts about the child and her birth parents, like the child's health, the birth parents' genetic background or the circumstances surrounding the birth of the child. Some states have specific statutes that require agencies to provide information about the child to the prospective adoptive parents.

Wrongful

U.S. immigration law provides three different processes through which a child may immigrate on the basis of an adoption:1) _________________ 2 _____________________ 3) _________________________. a)LPR, Permanent resident, green card holder b)Second class citizen, first class citizen, non-convention process c)convention process, non-convention process and immediate relative petition process d)non-convention, permanent legal resident, immediate past relative

convention process, non-convention process and immediate relative petition process

You must meet certain requirements to bring a foreign-born child whom you've adopted to the United States. Some of the basic requirements include the following EXCEPT: a)You may adopt if you are 16 and have been emancipated from your parents b)If you are married, you must jointly adopt the child (even if you are separated but not divorced), and your spouse must also be either a U.S. citizen or in legal status in the United States. c)U.S. Citizen d)If you are unmarried, must be at least 25

You may adopt if you are 16 and have been emancipated from your parents

Which one of these is NOT a type of adoption? a)infant adoption b)foster adoption c)closed adoption d)embassy adoption

embassy adoption

Where can you find a child to adopt? (Select all that apply) a)Interstate Compact on Placement b)word of mouth c)adoption agency d)foster care

word of mouth, adoption agency, and foster care

____________________ is a term used to describe the cause of action available to an adoptive couple for the agency's failure, whether negligently or intentionally, to disclose important facts about the child and her birth parents, like the child's health, the birth parents' genetic background or the circumstances surrounding the birth of the child. Some states have specific statutes that require agencies to provide information about the child to the prospective adoptive parents. a)wrongful adoption b)wrongful death c)putative adoption d)illegitimate adoption

wrongful adoption

It is common practice to use _____________ in the adoption process to adopt children based on the ethnic background of the child. a)shifting fee structures b)mono racial adoption structures c)unilateral adoption structures d)rainbow baby structures

shifting fee structure

How much does Florida offer for the adoption subsidy annually?

$5,000

Where did Christine go to law school?

Barry

What is one of the standards for placement of a Native American Child?

Best Interest of the Child

A Judge signs an _________ in order to finalize the adoption? a)certificate of health b)adoption decree c)order d)final disposition form

adoption decree