A Father's Rights

Paper Summary:

This well-researched paper analyzes the role and rights of the biological father in adoption proceedings, while drawing upon an examination of relevant case laws. This paper details the history of the adoption process which was legally recognized in the U.S. in the 1850s, with the inception of the first adoption statute. The writer of this in-depth paper examines the Supreme Court's recognition and willingness to recognize and expand the rights of biological fathers in cases of adoption and / or custody matters. This paper provides a general overview regarding the current status of unwed fathers' adoption rights. This paper examines California law pertaining to the rights of the biological father. This paper discusses California's current stance on the issue, which is that the courts utilize the best interests of the child standard when considering whether the biological father presents a substantial risk of detriment to the child's well-being. While the other hand, other courts have argued that the best interests of the child standard should no longer be the primary consideration in the determination of whether the court should terminate an unwed biological father's rights. This paper cites numerous case studies containing relevant information to this particular topic. This paper details the case of Pena vs. Mattox, in which the biological father argued that his due process rights were violated when his parental rights were terminated by the adoption of his child. The writer contends and explains why are there are no clear guidelines establishing how courts should decide adoption cases involving fathers' rights, and as a result these rights have slowly evolved in favor of the father.

Table of Contents:
Introduction
General Adoption Information / History
A Father's Constitutional Rights
California Courts & Adoption Law
Role of the Supreme Court & The Present Status of Biological Father's Rights
Future of the Adoption Process
Bibliography
Cases Cited

From the Paper:

"Whatever method courts decide to use, it is of paramount importance that these disputes be resolved in a quick and efficient manner. Dragging custody disputes out over long periods of time only serves to cause emotional harm to everyone involved, especially to the child whose future hangs in limbo while the case slowly moves through the courts. By implementing a uniform system of deciding these cases, forum shopping will be avoided. Consequently, multiple courts will no longer be asked to hear the same case, as happened in the Baby Jessica case. This will surely lead to faster adjudication and resolution of these disputes and, consequently, to less psychological trauma to the children caught in the middle."

More papers on A Father's Rights:

• Essay # 40284 : "Securing a Father's Rights in Custody Battles"
• Analytical Essay # 26269 : "In My Father's House"
• Analytical Essay # 16242 : "Origins of the Bill of Rights"

APA Citation:

MLA Citation: