The Question of Best Interest of the Child in Failed Adoptions: A Case Study.

Autor: Platt, Stacey, Weinberg, Anita
Předmět:
Zdroj: Adoption Quarterly; 2001, Vol. 4 Issue 4, p57-68, 12p
Abstrakt: This article presents the adoption case of Ella. For the first two-and-a-half years of her life, Ella was raised in Chicago, Illinois primarily by her father James. When Ella was two-and-a-half years old, her mother removed her from the family and without James' knowledge placed her for adoption with a couple in Florida, the Andersons. When James discovered that she had been placed in adoption, he sought to stop the proceeding. He was denied access to the process by the Andersons' attorney who did not advise the court of James' contact and desire for the return of his child. After months of searching for help, James found legal counsel at the Legal Assistance Foundation of Chicago. The Andersons, however, along with Ella's own representative who was appointed by the court in the original adoption proceeding, argued that while the adoption order was vacated it should not be considered void altogether. The trial court found that there was no basis for depriving James of his rights regarding his daughter and that he was entirely fit to care for her and named James Ella's guardian. Since 1923 the U.S. Supreme Court has consistently recognized the primary role parents play in a child's development.
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