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Question 1
A father who has never seen his biological son for the past six years learns of his adoption proceedings. Wishing to interfere and stop the adoption, the father asserts a claim. What is the result?
Correct After Stanley, an unmarried father does have some rights in determining whether his child is allowed to be adopted. Where the father has actively and consistently cared for and supported the child, the state may not constitutionally allow an adoption without the father's consent. Here, the biological father never took an active role in his son's life; therefore, his permission is not needed before the child can be adopted.
Incorrect! After Stanley, an unmarried father does have some rights in determining whether his child is allowed to be adopted. Where the father has actively and consistently cared for and supported the child, the state may not constitutionally allow an adoption without the father's consent. Here, the biological father never took an active role in his son's life; therefore, his permission is not needed before the child can be adopted.
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Incorrect!
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Incorrect!
Question 2
Walter and Lillian are both 17 years old. When Lillian becomes pregnant, she feels it would be best to put the child up for adoption. At first, Walter wants to marry Lillian. When she declines his proposal, he wants to seek custody of the child and raise the child as a single parent. What is the most important factor the court would look at to determine whether Walter should obtain custody of the child?
Correct Traditionally, the mother had complete control over a nonmarital child's custody, including any decision on adoption. After Stanley, an unmarried father has legal rights to his child whether the child is born in wedlock or out of wedlock. Here, despite the fact that Walter and Lillian are not married, the court will evaluate Walter's fitness as a parent and decide what would be in the best interests of the child.
Incorrect! Traditionally, the mother had complete control over a nonmarital child's custody, including any decision on adoption. After Stanley, an unmarried father has legal rights to his child whether the child is born in wedlock or out of wedlock. Here, despite the fact that Walter and Lillian are not married, the court will evaluate Walter's fitness as a parent and decide what would be in the best interests of the child.
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Question 3
George and Danielle went through a brutal two-year divorce. Neither wants to see the other again. In addition, Danielle does not want her children to see George again either. Accordingly, Danielle decides to give her children up for adoption to her parents so that George will no longer have any control over them or access. At the adoption proceeding, George's consent is not obtained. What would be the result?
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Incorrect!
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Incorrect!
Correct Before an adoption can take place, parental consent must be given. Where a child is born in wedlock, the consent of both parents is needed before an adoption can be finalized, unless the natural parents' rights have been involuntarily terminated for unfitness or abandonment. Here, George did not consent to the proceeding; therefore, the adoption will not be allowed to proceed.
Incorrect! Before an adoption can take place, parental consent must be given. Where a child is born in wedlock, the consent of both parents is needed before an adoption can be finalized, unless the natural parents' rights have been involuntarily terminated for unfitness or abandonment. Here, George did not consent to the proceeding; therefore, the adoption will not be allowed to proceed.
Correct
Incorrect!
Question 4
When is parental consent necessary in an adoption proceeding?
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Incorrect!
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Correct Parental consent is necessary in an adoption proceeding unless the parent has voluntarily terminated the parental relationship or a court has involuntarily terminated this relationship. Here, a parent's acknowledgment of parentage indicates the parent wants to be responsible for the child. Accordingly, before that child can be adopted, the parent must give consent.
Incorrect! Parental consent is necessary in an adoption proceeding unless the parent has voluntarily terminated the parental relationship or a court has involuntarily terminated this relationship. Here, a parent's acknowledgment of parentage indicates the parent wants to be responsible for the child. Accordingly, before that child can be adopted, the parent must give consent.
Correct
Incorrect!
Question 5
Paula has a two-year-old daughter from a previous relationship. Recently, she started living with Timothy, who voluntarily supported her daughter and held her out as his daughter. When Paula dies unexpectedly, Timothy is not eligible to gain custody of the girl.
Correct
Incorrect!
Correct When a "parent" has voluntarily assumed responsibility for a child and has a clear intent to adopt the child, an equitable adoption may have taken place. In this circumstance, it would be in the best interests of the child to maintain the same household. Here, since Timothy was like a father to the girl, he should be given the chance to assert a claim to keep custody of the little girl.
Incorrect! When a "parent" has voluntarily assumed responsibility for a child and has a clear intent to adopt the child, an equitable adoption may have taken place. In this circumstance, it would be in the best interests of the child to maintain the same household. Here, since Timothy was like a father to the girl, he should be given the chance to assert a claim to keep custody of the little girl.