Answer Review Questions 1 and 7 found on page 265 of
the textbook as well as Review Question 1 on page 303.
Your responses should be 250 - 350 words each.
Identify the three parties with the strongest
interests in parentage determinations and describe
the basic nature of those interests.
Identify and describe the three primary ways of
establishing legal parentage.
Identify four examples of contexts in which
parenthood is established through adjudication.
Describe the basic process for adjudicating
paternity.
Describe the equitable parent doctrine and explain
how it was applied by the Wisconsin Supreme
Court in A.J. v. I.J.
Define paternity fraud. Explain what it means to
“disestablish” paternity. Identify some of the
common arguments in favor of and against
disestablishment.
Identify and describe the four tests most often
applied by the courts to resolve disputes arising
out of surrogacy arrangements.
o Identify and distinguish among various types
of adoption based on how adoptions are
created and who can adopt.
Running head: REVIEW
QUESTIONS
1
Review Questions
Institutional Affiliation
Date
REVIEW QUESTIONS
2
Question 1
Question7
Question 1
References
Carbone, J., & Cahn, N. (2011). Marriage, Parentage, and Child Support. Family Law
Quarterly, 45(2), 219-240.
Sattawan, P., & MEdhi, P. P. (2007). Resolving Disputes Arising Out of Surrogacy. Available at
SSRN 998512.
Turney, K., & Wildeman, C. (2016). Mental and physical health of children in foster
care. Pediatrics, 138(5).
Running head: REVIEW QUESTIONS 1
Review Questions
Institutional Affiliation
Date
REVIEW QUESTIONS 2
Question 1
The three parties with the firm interests in parentage determinations are; the child, the
parents, and the government. Under the early common, the legal status of a child depends on
their parents’ marital status. Best interests of the child comprise of but not limited to; a reflection
of the child’s age; the type of the relationship between the child and their caregiver; the duration
the child has been under the caregiver; the age, sex , the child’s desires; and the mental as well as
physical fitness of the parents. Parents and guardians have the responsibility of following the
principle of the child’s best interests. This principle should be followed when raising a child to
ensure their development. The best interest of the child should be the parents’ basic concern
(Carbone & Cahn, 2011). They have the obligation of protecting a child from any form of
violence. They must also be involved in the child’s common responsibility for education and the
provision of basic needs. On the government side, it is responsible for developing methods to
coordinate services for families and children. When children request help, state and local
government assets shall be used to complement efforts to meet such children's needs. Prevention,
early noticing of problems and quick intervention have to be the guide philosophies of a
government towards a child’s best interest. When dislocated from their home, permanency
scheduling shall be the government's guiding philosophy towards a child. Lastly, when families
cannot reunite, and when active parental involvement is missing, the adoption shall be quickly
pursued.
Question7
In surrogacy arrangements, courts often apply these methods to resolve disputes; genetic
test, gestational test, intent-based test, and the best-interest test. A genetic test is used when a
REVIEW QUESTIONS 3
person has a child born via surrogacy treatment and requires a DNA test to offer evidence of a
biological connection between the commissioning parents and the child born through surrogacy.
This type of test reveals the presence or absence of a biological connection between the
commissioning parents and the baby (Sattawan & MEdhi, 2007). There is no biological relation
between the kid and the surrogate mother in gestational surrogacy, who is often called a
gestational carrier. Courts use this test to award authorized parenthood to the birth mother due to
the emotional as well as the physical link developed during pregnancy. This test unfairly
considers the connection built throughout pregnancy over all other connections. It does not value
other aspects that may lead to lawful motherhood. The intent-based test looks at the surrogate’s
pre-conception aim and arraigning side to be the determinative feature that expresses lawful
motherhood. For example, the California state courts focus on the pre-conception intent of the
parties engaged instead of whether the contract, if one is there, is lawfully enforceable. In the
best-interest test, courts resolve disputes arising out of surrogacy arrangements by making
decisions in the best interests of a parent who lacks capacity. In this test, courts make decisions
in the best interests of one parent. They ask them whether the plan gives the most they could
reasonably have expected under the circumstances before the court.
Question 1
There are different types of adoptions. The first one is adoption via an agency. These
agencies are controlled by the state and licensed to put kids with capable adoptive caregivers.
Public adoption agencies usually handle dumped, orphaned, or ill-treated kids. The Private ones
are generally managed by charities as well as social service groups and have kids brought there
by parents searching to give their child up for donation. The second type is an independent
adoption. This type includes a direct arrangement between the birth mother and the parents to
REVIEW QUESTIONS 4
adopt the child. Sometimes, the child’s father, a go-between like a doctor or religious leader, is
involved. This is a delicate adoption method and is advisable for the adoptive caregivers to have
an attorney to take care of the paperwork. A child can also be adopted through identification.
This adoption method combines independent and agency adoptions. Typically, the adoptive
caregivers search for a mother wishing to put their kid for adoption. After, they request an
adoption agency to handle the remaining procedure (Turney & Wildeman, 2016). The process
involves a home study, questions, interviews, as well as careful analysis. The other type of
adoption is adopting internationally. This is a complicated adoption method because the adopting
parents ought to meet the conditions of the country they stay in and the ones of the host nation.
They ought also to get an immigrant visa for the adopted child via the U.S citizenship and
Immigration services. Once accepted, the adopted kid is allowed to be a U.S citizen after going
into the country. Adopt as stepparents happens the moment a parent’s new partner adopts the
parent’s kid from a different partner. This is a easy type of adoption if the birth parents are both
in agreement.
REVIEW QUESTIONS 5
References
Carbone, J., & Cahn, N. (2011). Marriage, Parentage, and Child Support. Family Law
Quarterly, 45(2), 219-240.
Sattawan, P., & MEdhi, P. P. (2007). Resolving Disputes Arising Out of Surrogacy. Available at
SSRN 998512.
Turney, K., & Wildeman, C. (2016). Mental and physical health of children in foster
care. Pediatrics, 138(5).
