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Featured Story: BETTER STORAGE MEANS BETTER COFFEE October 22, 2013 |
 Ever wonder why gourmet and specialty coffee shops serve the best and, not to mention, the most expensive cups of coffee?
It’s a known fact that coffee is best served when it’s at its freshest. Freshness is a big deal especially in the coffee business...
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Showing posts sorted by relevance for query paternity case. Sort by date Show all posts
Showing posts sorted by relevance for query paternity case. Sort by date Show all posts
Posted on
Wednesday, April 24, 2013
The recent case of an adopted American Indian child who was returned to her biological father has reached the courtroom of the nation’s highest judicial body. In it, a dispute that pits a father’s right as well as his heritage against the rights of adoptive parents who only wishes what they believe is the best interest of the child.
The law protecting the rights of aboriginal children and their adoptions are under the care of a federal act, the Indian Child Welfare Act, which was passed in 1978 to ensure that the heritage of American Indians are continued and protected from consequences of adopting and assimilating these children into non-Indian families.
This act gives protection to a father who wants his daughter to grow within the confines of his racial and cultural heritage. But sympathy should also be directed towards the girl’s adoptive parents who have developed a deep bond with the child in hoped of providing a life believed to be better by our standards.
The adoptive parents have to prove to the courts that being with the child’s biological father is not beneficial to her. By law, in a case such as this, children are not to be taken from their Indian families unless if there is reasonable doubt that custody by an Indian parent will likely results in serious emotional or physical damage to the child.
Other underlying angles are also disputed. A court brief for the adoptive parents and for the guardians began to suggest that the ICWA might cause a racial preference which should be voided under the Equal Protection Clause. It was justified that the issue is more political than racial in nature to accommodate Indian tribes as a dependent nation and not a race.
It is difficult to measure such a case and one could only feel bad for the child caught in the middle. For the judges presiding, their decision will have a great impact in future decisions as well as possible federal laws covering the topic.
Keywords: father's rights, paternity case, Indian Child Welfare Act
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The law protecting the rights of aboriginal children and their adoptions are under the care of a federal act, the Indian Child Welfare Act, which was passed in 1978 to ensure that the heritage of American Indians are continued and protected from consequences of adopting and assimilating these children into non-Indian families.
It is difficult to measure such a case and one could only feel bad for the child caught in the middle. For the judges presiding, their decision will have a great impact in future decisions as well as possible federal laws covering the topic.
This act gives protection to a father who wants his daughter to grow within the confines of his racial and cultural heritage. But sympathy should also be directed towards the girl’s adoptive parents who have developed a deep bond with the child in hoped of providing a life believed to be better by our standards.
The adoptive parents have to prove to the courts that being with the child’s biological father is not beneficial to her. By law, in a case such as this, children are not to be taken from their Indian families unless if there is reasonable doubt that custody by an Indian parent will likely results in serious emotional or physical damage to the child.
Other underlying angles are also disputed. A court brief for the adoptive parents and for the guardians began to suggest that the ICWA might cause a racial preference which should be voided under the Equal Protection Clause. It was justified that the issue is more political than racial in nature to accommodate Indian tribes as a dependent nation and not a race.
It is difficult to measure such a case and one could only feel bad for the child caught in the middle. For the judges presiding, their decision will have a great impact in future decisions as well as possible federal laws covering the topic.
Keywords: father's rights, paternity case, Indian Child Welfare Act
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
Posted on
Friday, January 4, 2013
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A Kansas man who donated his sperm to a lesbian couple is fighting back after the state ordered him to pay child support, arguing that he signed an agreement with the women that waives all his parental rights for the now three-year-old child.
William Marotta, 46, of Topeka, answered an online ad on Craigslist.com in 2009 from a then local lesbian couple, Angela Bauer and Jennifer Schreiner, who said they were looking for sperm donors. After several meetings and email exchanges, the parties signed an agreement relieving Marotta of any financial and paternal responsibilities including
The artificial insemination was handled in-house by the women themselves using a syringe. Last year, Bauer and Schreiner parted ways and the former had to seek assistance from the state for the care of her daughter.
Kansas Department for Children and Families spokeswoman Angela de Rocha said that when a single mother seeks benefits for a child, it’s routine for the department to seek out a child’s paternity and require the father to make support payment to lessen costs to taxpayers.
State law on sperm donation and artificial insemination is patterned after the Uniform Parentage Act (UPA) which was first promulgated in 1973 and is still in use by at least 10 other states. The case hinges on provisions for the use of medical professionals to supervise artificial forms of insemination. The original provisions of the Artificial Insemination (AI) statutes clearly state the need for a medical professional to supervise and perform any forms of insemination in order to waive or establish paternal rights through a signed, written contract between all involved parties. Since Marotta allegedly didn’t perform the insemination with a medical professional’s supervision, he can be held responsible for financial assistance received by the biological mother as well as future child support payments.
The Department insists that the agreement between Marotta, Bauer and Schreiner is not valid as the insemination was not performed under the supervision of a physician, a crucial element in the AI statutes of the UPA which does not distinguish between known donors and anonymous donors. Marotta is asking the state to dismiss the case, arguing that he’s involvement is only that of a sperm donor and that, legally, he is not the child’s father.
Several U.S. states, including Delaware, Texas, Washington, North Dakota, Utah, Oklahoma, and Wyoming, have already amended their versions of the UPA to add certain rights to donors not included in the original adopting a new UPA as approved by the National Conference of Commissioners of Uniform State Laws in 2002. This group also recommended that Kansas amend state family laws to reflect changes that give donors waiving rights regardless if the insemination was performed with a medical professional or not.
Experts strongly encourage potential donors to seek out legal information first as to their state’s local family codes and to know what rights they have to avoid any legal issues that could arise.
About The Author
Victor Dela Casa is a Filipino-Canadian who spent over a decade working as business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College.
