A single parent is a person who has a child or children but does not have a spouse or live-in partner to assist in the upbringing or support of the child. Reasons for becoming a single parent include death, divorce, break-up, abandonment, becoming widowed, domestic violence, rape, childbirth by a single person or single-person adoption. A single parent family is a family with children that is headed by a single parent.
DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child's paternity is in doubt. Tests can also determine the likelihood of someone being a biological grandparent. Though genetic testing is the most reliable standard, older methods also exist, including ABO blood group typing, analysis of various other proteins and enzymes, or using human leukocyte antigen antigens. The current techniques for paternity testing are using polymerase chain reaction (PCR) and restriction fragment length polymorphism (RFLP). Paternity testing can now also be performed while the woman is still pregnant from a blood draw.
Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.
Closed adoption is a process by which an infant is adopted by another family, and the record of the biological parent(s) is kept sealed. Often, the biological father is not recorded—even on the original birth certificate. An adoption of an older child who already knows their biological parent(s) cannot be made closed or secret. This used to be the most traditional and popular type of adoption, peaking in the decades of the post-World War II Baby Scoop Era. It still exists today, but it exists alongside the practice of open adoption. The sealed records effectively prevent the adoptee and the biological parents from finding, or even knowing anything about each other. However, the emergence of non-profit organizations and private companies to assist individuals with their sealed records has been effective in helping people who want to connect with biological relatives to do so.
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review and strict scrutiny.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
Plyler v. Doe, 457 U.S. 202 (1982), was a landmark decision in which the Supreme Court of the United States struck down both a state statute denying funding for education of undocumented immigrant children in the United States and an independent school district's attempt to charge an annual $1,000 tuition fee for each student to compensate for lost state funding. The Court found that any state restriction imposed on the rights afforded to children based on their immigration status must be examined under a rational basis standard to determine whether it furthers a substantial government interest.
Beulah George "Georgia" Tann was an American social worker and child trafficker who operated the Tennessee Children's Home Society, an unlicensed adoption agency in Memphis, Tennessee. Tann used the home as a front for her black market baby adoption scheme from the 1920s to 1950. Young children were kidnapped and then sold to wealthy families, abused, or—in some instances—murdered. A state investigation into numerous cases of adoption fraud led to the institution's closure in 1950. Tann died of cancer before the investigation made its findings public.
In the United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an "obligor" to an "obligee" for the financial care and support of children of a relationship or a marriage. The laws governing this kind of obligation vary dramatically state-by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support.
The Indian Child Welfare Act of 1978 is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and adoption cases.
The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.
Until 2017, laws related to LGBTQ+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other.
Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), was a decision of the Supreme Court of the United States which held that several sections of the Indian Child Welfare Act (ICWA) do not apply to Native American biological fathers who are not custodians of a Native American child. The court held that the procedures required by the ICWA to end parental rights do not apply when the child has never lived with the father. Additionally, the requirement to make extra efforts to preserve the Native American family also does not apply, nor is the preferred placement of the child in another Native American family required when no other party has formally sought to adopt the child.
Stanley v. Illinois, 405 U.S. 645 (1972), was a landmark United States Supreme Court case in which the Court held that the fathers of children born out of wedlock had a fundamental right to their children. Until the ruling, when the mother of a child born out of wedlock was unable to care for the child, through death or other circumstances, the child was made a ward of the state and either placed in an orphanage or foster care or for adoption.
Raymond W. Godwin is an adoption attorney based in South Carolina.
ABC v. The State is a case decided by a two-judge bench of the Supreme court of India, which held that an unwed woman belonging to the Christian faith can become a legal guardian of her child without the father's consent.
Adoption in South Korea, specifically the low rates of domestic adoption in their history, has been a point of discussion for the country, causing new policies to be passed over the years. South Korea, at the conclusion of the Korean War in 1953, began to partake in transnational adoption. As these overseas adoptions increased over the next couple of decades, South Korea pushed to encourage fewer transnational adoptions and more domestic adoptions. The high number of children put up for adoption each year in South Korea can be attributed to a variety of factors: the lack of support for unwed mothers, as well as social stigma, contributed greatly to these numbers. Several organizations have been created to support unwed mothers and combat stigma. There has been changes to adoption policies throughout the decades as well. The Special Adoption Act was passed in 2011 with the intention of boosting domestic adoptions. However, the unexpected outcome of more abandoned children ensued following the amendment taking effect.
Haaland v. Brackeen, 599 U.S. 255 (2023), was a Supreme Court of the United States case brought by the states of Texas, Louisiana, and Indiana, and individual plaintiffs, that sought to declare the Indian Child Welfare Act (ICWA) unconstitutional. In addition to Haaland v. Brackeen, three additional cases were consolidated to be heard at the same time: Cherokee Nation v. Brackeen, Texas v. Haaland, and Brackeen v. Haaland.
Fiallo v. Bell, 430 U.S. 787 (1977), was a U.S. Supreme Court case that challenged the constitutionality of Sections 101(b)(1)(D) and 101(b)(2) of the Immigration and Nationality Act of 1952. The Sections gave immigration preference to children or parents of either existing U.S. citizens or of noncitizens residing under lawful permanent resident status. But, as the Court wrote, the statute defined “child” narrowly: “an unmarried person under 21 years of age who is a legitimate or legitimated child, a stepchild, an adopted child, or an illegitimate child seeking preference by virtue of his relationship with his mother”.
Michael H. v. Gerald D., 491 U.S. 110 (1989), was a case decided by the Supreme Court of the United States involving substantive due process in the context of paternity law. Splitting five to four, the Court rejected a challenge to a California law that presumed that a married woman's child was a product of that marriage, holding that the due-process rights of a man who claimed to be a child's biological father had not been violated.
