Family Law Chapter 8

Which of the following statements is true regarding who must consent to the adoption of a child? a. the child's legal mother must consent b. the child's father must consent c. step-parents must consent d. children must consent if they are over the age of 12

a. the child's legal mother must consent

Which of the following is an argument in favor of eliminating closed adoption laws? a. they injure adoptees by depriving them of their rights to identify b. in states with closed adoption laws, exceptions are made for good cause shown such as a medical emergency c. they protect the privacy of the biological parents d. they protect the security of the new family bond

a. they injure adoptees by depriving them of their rights to identify

The last step in the adoption process is a. placing the child with the adoptive parents b. considering challenges to the adoption if any c. issuing the interlocutory decree of adoption d. completing the final home study

b. considering challenges to the adoption if any

Maria was fifteen years old when she gave birth to a baby girl. She was unmarried and her parents told her she had to give up the baby and go back to school or they would disown her and send her to a juvenile detention facility as an incorrigible child. She believed them and consented to an agency adoption. Six weeks later, she decided she wanted to revoke her consent and raise the baby herself. The baby's father has promised he will help her. Which of the following statements is TRUE with respect to her prospects? a. "Change of heart" rules allow biological parents to change their minds, revoke their consents, and have their children returned to them so her prospects are good. b. A biological parent can revoke their consent if it was given as a minor and was the result of parental duress so her prospects are good. c. A biological parent can revoke his or her consent any time up to two years after the adoption is final so her prospects are good. d. All of the above are true.

b. A biological parent can revoke their consent if it was given as a minor and was the result of parental duress so her prospects are good.

Gary is the unwed father of a baby boy born two years ago. He just learned about the pending adoption of his son and wants to exercise his parental rights and responsibilities and object to the adoption. Which of the following best describes his rights in this situation? a. as an unwed father he has no rights in the adoption contexts b. Gary's rights as unwed father are subject to the biology-plus rule c. Gary has the same rights as the baby's mother d. Gary's rights are the same as those of a married biological

b. Gary's rights as unwed father are subject to the biology-plus rule

Safe haven laws a. protect the rights of unwed mothers b. allow parents to abandon their newborns without risk of liability c. protect the rights of unwed fathers d. promote adoptions that will not be at risk of being challenged at a later date

b. allow parents to abandon their newborns without risk of liability

which of the following statements accurately describes a closed adoption? \a. it is a private proceeding between biological and adoptive parents b. it is an adoption in which the biological and adoptive parents do not know each other's identities c. it is one in which the child is not permitted to know the identity of his or her biological parents until age 18 d. it is one in which the adoptees have access to their birth certificates but cannot contact their biological parents

b. it is an adoption in which the biological and adoptive parents do not know each other's identities

Which one of the following statements about putative father registries is true? a. the stated purpose of putative father registries is to assist unmarried mothers in their efforts to obtain child support b. when a putative father registers with a putative father registry, he is declaring his intent to assert his rights and responsibilities as a father c. they require a putative father to rely on the birth mother or prospective adoptive parents for information about any pending adoption d. registries exist in all states

b. when a putative father registers with a putative father registry, he is declaring his intent to assert his rights and responsibilities as a father

Which of the following statements regarding consent is not accurate? a. The Indian Child Welfare Act prevents a mother from consenting to adoption until ten days after the child's birth and allows her to revoke her consent up until the adoption is final. b. Each state establishes by statute or administrative regulation the requirements governing consents to adoption. c. All states allow a biological parent to revoke consent provided they do so in writing and within seventy two hours of the initial consent. d. The general rule is that a consent to adoption that is given voluntarily, knowingly, and intelligently cannot be revoked absent proof that it was obtained by fraud, duress, or undue influence.

c. All states allow a biological parent to revoke consent provided they do so in writing and within seventy two hours of the initial consent.

Which of the following is the most accurate statement with respect to who can adopt in most jurisdictions? a. anyone can adopt provided they are older than the individual they want to adopt b. adoptions of adults are not permitted in any state c. children may be adopted by family members, step-parents, married couples, single persons, and co-parents depending on the jurisdiction d. step-parents are not permitted to adopt their step-children because their spouses would have to relinquish their parental rights given the "cut-off rule"

c. children may be adopted by family members, step-parents, married couples, single persons, and co-parents depending on the jurisdiction

Richard and Elaine agreed to adopt the daughter of their unmarried best friend who was dying of AIDS and was unable to take care of the child. They took the child. Tina, into their home and raised her as their own but never got around to filing a petition to adopt. Richard died of a heart attack when the child was sixteen. He had no will and Tina sought to inherit under the state's intestacy laws. The court may find that she should be allowed to inherit on the basis that there had been an a. agency adoption. b. illegal adoption. c. equitable adoption. d. independent adoption.

c. equitable adoption.

What standard do courts use when deciding whether or not to approve an adoption? a. parental fitness of the biological parents b. the tender years doctrine c. the best interest of the child d. agency approval of the adoption

c. the best interest of the child

the tort of "interference with parental relationships" can be described as follows: a. when a biological mother who initially consented to an adoption changes her mind and interferes with the new family unit. b. when adoptive parents refuse to permit biological parents to exercise their rights to see the child according to an open adoption agreement. c. when a person has knowledge of the whereabouts of a newborn child's birth or physical location and when asked, intentionally or willfully conceals that information from the child's parent thereby irreparably harming that parent's ability to establish a relationship with his or her child. d. All of the above describe the tort.

c. when a person has knowledge of the whereabouts of a newborn child's birth or physical location and when asked, intentionally or willfully conceals that information from the child's parent thereby irreparably harming that parent's ability to establish a relationship with his or her child.

a wrongful adoption occurs when a. adoptive parents change their minds about wanting to adopt a child b. when an agency fails to guarantee the health of the children it places for adoption c. when an agency deliberately conceals or misrepresents facts about adoptive child to the adoptive parents d. all of the above

c. when an agency deliberately conceals or misrepresents facts about adoptive child to the adoptive parents

Maria and Mike want to adopt a child, Jocelyn, whose mother has chronic drug problems and whose father is unknown. They are concerned about whether the child will be freed for adoption given the circumstances. Which of the following options should they pursue? a. encourage the mother to surrender her parental rights to the state so the child can be adopted b. ask the court to dispense with the father's consent because his whereabouts are unknown c. ask the applicable social services department to seek state custody of the child and petition to have the mother's rights terminated on the basis of unfitness given her drug issues. d. All of the above are potential options.

d. All of the above are potential options.

The paralegal's role in an adoption case depends on which of the following? a. the extent to which the firm where he or she is employed specializes in adoption b. the type of adoption involved in the case c. the nature and level of the paralegal's skills d. all of the above

d. all of the above

Which of the following statements is true regarding the nature and purpose of adoption? a. adoption has existed in one form or another for centuries and historically served the purposes of adults seeking to maintain power and ensure heirs and the orderly transfer of wealth b. the primary purpose of adoption in this country has been to protect children in the context of a family unit c. adoption is basically a two step process in which an existing parent child relationship is terminated and a new parent child relationship is judicially created d. all of the above

d. all of the above

Which one of the following statements is true regarding the rights of biological parents int he adoption context? a. according to the United States Supreme Court, an unmarried father must take affirmative steps to demonstrate his parental commitment in order to have constitutionally protected rights in the adoption context b. a biological mother's rights are essentially established at birth regardless of whether she is married or unmarried c. under common law, the father of an illegitimate child had no standing to intervene in an action to adopt his child d. all of the above statements are true

d. all of the above statements are true

Dottie is in a committed same-sex relationship with Kelly. Kelly gave birth to a daughter through in vitro fertilization and Dottie wants to acquire parental rights so she can raise and provide for the child along with Kelly. In some states she can acquire those rights through a(n) ________________ adoption. a. step-parent b. independent c. equitable d. co-parent

d. co-parent

Which of the following is most likely to result in termination of parental rights? a. the use of spanking as a form of discipline b. an unclean house with too many pets c. incarceration of a parents for check forgery d. failure to see or financially support a child for a specified period of time

d. failure to see or financially support a child for a specified period of time