正在加载图片...
child=s legal parent. In attempting to deal with this ambiguity, the courts have adopted one of two main analyses. The most common analysis is that the same-gender co-parent adoption is analogous to the codes= provisions authorizing stepparent adoptions. Consequently, since the co parent adoptions are factually similar to stepparent adoptions, the courts apply these provisions to grant the adoptions. This approach is known as the >functional equivalent= analysis and, most commonly, it is applied in situations in which the co-parent is seeking to adopt, with the consent of the legal parent. This is the approach also used by america=s most eminent legislative stud group, the National Conference of Commissioners on Uniform State Laws, which incorporated the adoption of a child by a same-gender co-parent into the Uniform Adoption Act, + under the provision entitled >Adoption of Minor Stepchild by Stepparent. The official Comment to the code cites, with approval, state-court decisions that have used the >fi unction al equivalent= approach in granting these adoptions. #I The other, less common, analysis is to treat the adoption request as a joint petition of doption by two single adults. In this situation, the legal parent and the co-parent file a joint petition of adoption, usually with the legal parent also filing a consent to the adoption by the co Matter of Jacob, 86 N.Y. 2d 651, 636 N.Y.S2d 716, 660N E 2d 397(1995)(also involving Matter of Dana, which the court combined with Matter of Jacob); Adoptions of B L.V. B. and E.L. V B 160Vt.368,628A.2d1271,27ALR5th819(1993) The National Conference of Commissioners on Uniform State Laws is a legislative study group and is comprised of numerous committees, the membership of which includes eminent judges, lawyers, and law professors who study and propose legislation in an area of law in which the committee members have particular expertise UNIF. ADOPTION ACT4-102 Standing to Adopt Minor Stepchild, 4-102(1994),9 U.L.A Comment, Electronic Pocket Part Update(1998). The Uniform Adoption Act was proposed by th National Conference of Commissioners on Uniform State Laws in 1994. The Uniform Act does not have the force of law, but is the National Conference=s proposal of what its ittee members believe a model code for adoption should include. Legislatures in the U.S. states can enact the Uniform Adoption Act as law if the majority of legislators vote in favor of the Uniform Act In addition to permitting individuals who are within the formal definition of >stepparent= to adopt a minor stepchild under this article, Section 4-102 allows an individual who is a de facto stepparent, but is not, or is no longer, married to the custodial parent, to adopt as if he or she were a de jure stepparent. To file a petition under this Article, the de facto stepparent or >second parent= has to have the consent of the court and the custodial parent, whose parental rights will not be terminated by an adoption under this Article. In addition, for the court to grant the petition, the other requirements of this Article have to be met, including the court=s determination that the adoption is in the minor adoptee=s best interests. See e.g., Adoption of B L V B, 628 A2d 1271(Vt. 1993)(de facto stepmother allowed to adopt her unmarried [female) partner=s biological children because it >serves no legitimate state interest= to deny the children >the security of a legally recognized relationship with their second parent). See similar analysis in Matter of Evan, 153 Misc. 2d 844, 583 N.Y.S. 2d 997(Surr. 1992) UNIF. ADOPTION ACT'4-102 Standing to Adopt Minor Stepchild, 4-102(1994), U. L.A. Comment Electronic Pocket Part Update (1998)child=s legal parent. In attempting to deal with this ambiguity, the courts have adopted one of two main analyses. The most common analysis is that the same-gender co-parent adoption is analogous to the codes= provisions authorizing stepparent adoptions. Consequently, since the co￾parent adoptions are factually similar to stepparent adoptions, the courts apply these provisions to grant the adoptions. This approach is known as the >functional equivalent= analysis and, most commonly, it is applied in situations in which the co-parent is seeking to adopt, with the consent of the legal parent.38 This is the approach also used by America=s most eminent legislative study group, the National Conference of Commissioners on Uniform State Laws,39 which incorporated the adoption of a child by a same-gender co-parent into the Uniform Adoption Act,40 under the provision entitled >Adoption of Minor Stepchild by Stepparent.= The official Comment to the code cites, with approval, state-court decisions that have used the >functional equivalent= approach in granting these adoptions.41 The other, less common, analysis is to treat the adoption request as a joint petition of adoption by two single adults. In this situation, the legal parent and the co-parent file a joint petition of adoption, usually with the legal parent also filing a consent to the adoption by the co- 38 Matter of Jacob, 86 N.Y.2d 651, 636 N.Y.S.2d 716, 660 N.E.2d 397 (1995) (also involving Matter of Dana, which the court combined with Matter of Jacob); Adoptions of B.L.V.B. and E.L.V.B., 160 Vt. 368, 628 A.2d 1271, 27 A.L.R.5th 819 (1993). 39 The National Conference of Commissioners on Uniform State Laws is a legislative study group and is comprised of numerous committees, the membership of which includes eminent judges, lawyers, and law professors who study and propose legislation in an area of law in which the committee members have particular expertise. 40 UNIF. ADOPTION ACT ' 4-102 Standing to Adopt Minor Stepchild, ' 4-102 (1994), 9 U.L.A. Comment, Electronic Pocket Part Update (1998). The Uniform Adoption Act was proposed by the National Conference of Commissioners on Uniform State Laws in 1994. The Uniform Act does not have the force of law, but is the National Conference=s proposal of what its committee members believe a model code for adoption should include. Legislatures in the U.S. states can enact the Uniform Adoption Act as law if the majority of legislators vote in favor of the Uniform Act. 41 In addition to permitting individuals who are within the formal definition of >stepparent= to adopt a minor stepchild under this Article, Section 4-102 allows an individual who is a de facto stepparent, but is not, or is no longer, married to the custodial parent, to adopt as if he or she were a de jure stepparent. To file a petition under this Article, the de facto stepparent or >second parent= has to have the consent of the court and the custodial parent, whose parental rights will not be terminated by an adoption under this Article. In addition, for the court to grant the petition, the other requirements of this Article have to be met, including the court=s determination that the adoption is in the minor adoptee=s best interests. See e.g., Adoption of B.L.V.B., 628 A.2d 1271 (Vt. 1993) (de facto stepmother allowed to adopt her unmarried [female] partner=s biological children because it >serves no legitimate state interest= to deny the children >the security of a legally recognized relationship with their second parent=). See similar analysis in Matter of Evan, 153 Misc. 2d 844, 583 N.Y.S.2d 997 (Surr. 1992). UNIF. ADOPTION ACT ' 4-102 Standing to Adopt Minor Stepchild, ' 4-102 (1994), 9 U.L.A. Comment, Electronic Pocket Part Update (1998)
<<向上翻页向下翻页>>
©2008-现在 cucdc.com 高等教育资讯网 版权所有