Sunday, September 16, 2012

Stanley v. Illinois case brief

 Stanley v. Illinois (US 1972)

a. Facts: Unmarried mom & dad are living together w/kids. The mom died. The state took the kids away & the dad sues.

b. Held: (1) The father was entitled to a fitness hearing.

(2) All parents, including unmarried fathers, are entitled to a fitness hearing before the state can take the kids away.

E. Mere biology, without more (like a parent-child relationship) does not give the unmarried, biological father of a child the right to a hearing to contest his child's adoption.

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