ADOPTION OF INFANTS BORN TO UNAWARE, UNWED FATHERS: A STATUTORY PROPOSAL THAT BETTER BALANCES THE INTERESTS INVOLVED

Abstract

Normal 0 false false false EN-US X-NONE X-NONE st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:Table Normal; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri,sans-serif; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Times New Roman; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:Times New Roman; mso-bidi-theme-font:minor-bidi;} After Stanley , many legal scholars and students began writing on the topic of unwed fathers' parental rights. Much scholarship has focused on the scope of an unmarried father's right to his child when that child has been relinquished for adoption by the mother. Most scholars argue that states fail to adequately protect the rights of unwed fathers. Commentators have not, however, addressed the scope of fathers' rights in the situation outlined in the above fact pattern, i.e., where the mother relinquishes the child for adoption and the father is simply unaware of the pregnancy. This Comment discusses in four parts the complex balancing of interests required in such a situation, and proposes a simple two-part adoption scheme that would better protect the multitude of interests at stake in newborn adoptions. Part II sketches the rough contours of the rights of unwed fathers as recognized by the Supreme Court and notes the uncertainty this framework has created regarding an unwed father's right to contest an adoption of his newborn child. Part III recounts the infamous case to demonstrate one state's failure to properly balance the interests involved in a newborn adoption. Part IV surveys two existing statutory adoption schemes. It argues that some states fail to properly balance the interests of the various parties involved and may have unwittingly set themselves up for a repeat of the tragic Baby Jessica saga. Finally, Part V offers a proposal for a two-part adoption scheme that will better protect the interests of unaware fathers vis-a-vis other interested parties, while better ensuring against a repeat of the Baby Jessica episode.