About the CA parent post below

Re: About the CA parent post below

• Ooglybear member

  July 2012

  I read a different article today, and it implied that there would be safeguards and strict requirements. I think the lawmakers probably considered a variety of scenarios (or will be considering the options before passing).

  In your hypothetical situation: I am assuming that the bio-parent and adoptive parents would make arrangements prior to the adoption to decide how involved the bio-parent is permitted to be, just as they currently do with open adoptions (and even custody orders). It is possible to limit the legal parental rights of one parents, and they couldn't change that without taking it to court. A reasonable judge would see that the child has grown up safe and happy in the adoptive home and would not uproot them just because biomom changed her mind. 

  Also, the article I read said that it was intended to be used when kids have "too few" parents. The case cited has two legal parents who are incapable of caring for the child (so the child has too few parents at that time), but the third party nonparent who was willing to pick up the slack was denied. In the situation you posed, the biomom would have the option to regain parenthood only if the adoptive parents became incapacitated.  

  I do think a law like this would need to be carefully thought out. It would be a huge change.

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• Ilumine member

  July 2012

  A legislated safeguard is only as safe as the judge(s) who hear a case in contention.  

  Once a precedent of a third "parent" is set, that opens to judicial review.... 

  file:///Users/Ilumine/Desktop/Family%20Portrait%20for%20gift.jpg

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