LEGAL BRIEF To: Attorney Barone From: Cynthia Fitzgerald Date: December 8, 2010 Re: Paternity & Maternity of Infant R. Court of Appeals of Indiana, No. 64A03-0908-JV-367 FACTS: T and V are husband and wife. They entered into a surrogacy agreement with V’s sister, D to implant in D an embryo created from T’s sperm and V’s egg. A successful pregnancy resulted and Baby R was born in February 2009. Two months earlier in December 2008 T, V, and D petitioned the Porter County Juvenile Court to establish paternity and maternity of the unborn child. The father, T, was able to establish paternity at that time simply by filling out an affidavit. The mother, V, was statutorily unable to prove maternity and her petition was denied. This is a case of first impression in this State. ISSUE: The question before the court is, according to Indiana Statute, did the trial court erroneously deny the maternity petition, which sought to establish V as the legal mother of Baby R.? …show more content…
16-37-2-2.1. Indiana has no statutory provision to establish maternity in these circumstances. In fact, Ind. Code sec. 31-9-2-10 defines the birth parent to be “the woman who is legally presumed to be the mother of biological origin” and therefore “the mother’s legal obligations to her child arise when she gives birth.” It should be noted that until maternity for V is established, D is legally responsible for Baby
The case being discussed is Central Queensland Hospital and Health Service v Q [2016] QSC 89. The applicant for this case is the Central Queensland Hospital and Health Service. The first respondent is Q, a 12-year-old girl who is nine weeks pregnant. Q was referred to the Central Queensland Hospital and Health Service after visiting a general practitioner to terminate her pregnancy. The Central Queensland Hospital and Health Service, the applicant for this case, then applied to the court in the parens patriae jurisdiction for authorisation to terminate Q’s pregnancy. The parens patriae jurisidiction refers to the power of the court to impose a decision about a child on the basis it is for the child’s best interest. The second respondent is Q’s Father and the third respondent is Q’s Mother. The amicus curiae Ms
In the United States today more than one-half of all marriages end in divorce. The purpose of this paper is to examine the reason why women have typically received custody of the children far more often than the fathers. In order to better understand child custody one must first examine how fathers have often times been left out of the picture, and conversely why mothers have had such hard times raising children on their own. This paper will first examine the perspective of a father who has lost custody of his children.
The notice of paternity may be filed before the birth, but must be filed before the date of any proceedings to terminate the mother’s parental rights. Any father of a child that is born out of wedlock and who fails to file and register his notice of commencement of paternity proceedings prior to the date of the filing of any proceedings to terminate the parental rights of the mother is deemed to have waived and surrendered any rights in relation to the child and of any notice of proceeding for adoption or termination of parental rights of the birth mother. Therefore, his consent shall not be required for any adoption proceedings. Furthermore, he shall be barred from bringing any action to establish paternity of the child. Finally, any failure to file or register will constitute an abandonment of the child and will constitute an irrevocable implied consent in any adoption or termination proceeding. Therefore, George really needs to hurry and file to protect his rights. Additionally, George will have to learn about the Proceeding to Establish Paternity Statute, Idaho Code § 7-1101-1126. The proceeding to commence paternity action a key
The Father (Appellant) and Mother (Appellee) had a child together in 2004. The parents were never married. The child lived at times with each of the parents separately, and at other times with both parents together in the same
Re: Whether the trial court acted appropriately in excusing Mr. Eldridge form paying $3,500 accrued in child support.
A court battle is erupting over the fate of a 3-year old named Braelynn. Her adopted family claims that she is theirs since they legal adopted her when her biological mother gave away all here parental rights. However, the father was incarcerated at this time and did not have a say in the ordeal. But now that he is out, he wants his daughter back since his parental rights should have never been terminated due to his incarceration. The Dalsings had adopted her from three weeks old and Braelynn has never met her biological dad. Yet a judge agreed with the biological father’s argument and vacated the adoption. Braelynn is still living with the couple but have requested a re-hearing at the state court of appeals.
Ms. Leavitt stated the reason for the evaluation is due to the divorce proceedings between the parents, where they were not able to come to an agreement regarding the custody of the children. She reported that the parents tried to mediate twice and was unsuccessful. She indicated that the parents did not discuss custody until the court appearance and Mr. Wilner indicated that he wanted full custody.
I am 31 male, divorced, though very well settled financially and professionally. I am done with my previous relationship last year. Now there are few things which keep on bothering me.
Ketan and his father, Charles met at the East Center for the DD Waiver wait list intake. Ketan is small framed 12 years old, boy. He will attend John Rolfe Middle School this school year for the first time. Mr. Howard explained Henrico County School hopes John Rolfe will manager his negative behaviors better.
Look no further than Trachman Law Center in Boulder,CO for all of your legal family formation needs. We specialize in this type of law, making us the perfect choice for your infertility lawyer. An infertility lawyer can and does handle all aspect of this type of law. This includes sperm donation, surrogacy, and pre birth orders. It's important to have all legal documents in place before the birth of a baby. Pre birth orders for example, are important during adoptions. These papers specify that the adoptive parents take responsibility for the baby from birth on. These papers benefit both the birth parents and the adoptive parents. These papers give paternal rights to the adoptive parents and ensures that their names are entered onto the birth
I haven't attended one of the Engagement Sessions yet, but I am scheduled to come on Friday. I have heard some wonderful things about the information presented. It is my understanding that leadership is asking for feedback about the concerns that employees have here at DSS. I wanted to express one of mine with you that I am not comfortable doing in the group setting. I hope you don't mind my sending you an email.
The Baby M case is about William and Elizabeth Stern, who are a couple that want a baby but are unable to have one on their own. Elizabeth Stern is unable to conceive a child because of medical reasons, which then lead them to a fertility centre that arranges surrogate pregnancies (Sandel, 2009, p. 91). They found a surrogate mother willing to carry their baby and her name was Mary Beth Whitehead. The issue arose when Mary wanted to keep the child and refused to give it to the couple.
The parties to this action were granted a FINAL JUDGMENT OF PATERNITY (“FJP”) (See EXHIBIT A) on August 7, 2014. The Final Judgment made determination of child support “based on the W-2 introduced into evidence and imputing minimum wage for the father[.]” Moreover, the mother testified as to her income to be of $3,266.67, which the court used for the calculation of child support, and this Court imputed an income of $1,374.53 to the father.
District Attorney: [Stands up and faces the Jury (class)] Your honour and ladies and gentlemen of the jury: the defendant has been brought to action to oppose the legalities implemented on the use of commercial surrogacy in the Queensland region. For those who do not know, commercial surrogacy is likewise alluded to as a pre-conception procedure or contract parenthood in which a lady conveys a pregnancy for another couple (Parliament of Canada, 2006). Now, commercial surrogacy has been illegal in Australia since the practice came into
The carrier, and the biological parents have to come to an understanding that the carrier must be aware that once the child is born they no longer have any type of custody of that child. The carrier must understand and agree that after giving birth to the child, the have absolutely no relationship/contact with the child. The