Sunday, April 14, 2013

Adoption of Kelsey S. case brief

 Adoption of Kelsey S. case brief summary
SUBJECT: Unmarried birth father's right.

FACTS:
-Father does not want to consent to the adoption of his child, which was born out of wedlock.
-The father wanted custody of the child and wanted to rear it himself.
-Mother instead wanted to put the child up for adoption.
-The father was married to another woman and was in divorce proceedings when the mother of the child became pregnant.

RULES:
A man becomes a presumed father under the section if he receives the child into his home and openly holds out the child as his natural child.

ANALYSIS:
-Here, the father held out himself to be the father of the child but did not physically receive the child into his home due to being prevented by the mother in doing so.

Does the state prefer adoption to unwed fathers having custody?
-Adoptive couples generally wealthier than the parents who give up their children.
-States get federal funding for adoptions.

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