I did not take notes for this class as well. Below are the slides for the class. I was wondering if you could please answer the questions provided in the slides and explain them. Could you also add any important notes for the questions and other bullet points as well. For exam studying purposes. Or if you know documents/website that may help, a lot of material is Arizona specific too.

More disputes over parenthood This Photo by Unknown Author & licensed under CC BY-NC-ND Assisted reproduction, surrogacy, de facto parents, and the problem of fraud This Photo by Unknown Author is licensed under CC BY-NDAlternatives for resolving parentage D D disputes . Contract/Intent . Genetics . Gestation . Conduct . Best interests of childArtificial insemination Gamete Embryo In vitro fertilization Genetic (or "traditional\") surrogacy Gestational surrogacy Donor Intended parent UPA (2017) on assisted reproduction Sections 704, 705 . Distinguishes "donor," "parent," and "intended parent" . Parentage from assisted reproduction can be based on: - mutual consent in writing - express agreement proved by clear & convincing evidence - residing together and holding out child as theirs in first two years . Presumption of spouse's consentArizona's sparse law on artificial insemination... ARS 25-501 DUTIES OF SUPPORT B. A child who is born as the result of artificial insemination is entitled to support from the mother as prescribed by this section and the mother's spouse if the spouse either is the biological father of the child or agreed in writing to the insemination before or after the insemination occurred. WHAT ISSUES DOES THIS STATUTE LEAVE OPEN?Evolution of surrogacy law In re Baby M. (NJ 1988) Statutory prohibitions - e.g., ARS 25-218 and Soos v. Superior Court (Az. App. 1994) Gradual acceptance https://www.creativefamilyconnections.com/us- surrogacy-law-map/UPA on surrogacy Genetic & gestational ' Surrogate eligibility - Contents of agreement - Independent legal representation Compensation 0 Prebirth order only for gestational surrogacy WHY? Problem 5-6, p. 351 De facto parentage Parentage based on history of consistent caretaking and existence of bonded and dependent relationship with child supported and fostered by legal parent Codified in Maine, through adoption of UPA Martin v. MacMahan (Maine 2021): M and F struggled with homelessness, unemployment, and criminality, during which Ostranders continually cared for twins. Why does court hold that the Ostranders had to prove that father "fostered or supported" the Ostranders' parental role? Should the state have simply terminated the parents' rights? Are four legal parents too many?Disestablishing paternity and the problem of fraud . . . Should bio F be able to avoid paternity because woman misrepresented birth control status? Should man be able to set aside paternity adjudication if can show he's not bio F? What factors were important in In re C.E. (Tex. App. 2012)? Whose interests go unmentioned? From mother's initiative . . . Should M be able to terminate parental rights of F if child conceived by rape? Should M be able to disestablish paternity at divorce with proof that man is not bio F? What doctrine might be useful for man who wants to keep parental status? Disestablishing paternity... Should M be able to terminate parental rights of F if can prove child conceived by rape? UPA Section 614 - Inapplicable if parent-child relationship exists - Time constraints - Burden of proof - Presumptive continuation of child support ADOPTION CREATING PARENTCHILD RELATIONSHIP BY COURT ORDER NECESSARY FIRST STEP: Voluntary or involuntary termination of parental rights of legal parents (except for stepparent/second-parent adoptions) METHODS Through private agency holding legal custody of child - By direct placement from birth parents to adoptive parents ' From state foster care Fulton v. City of Philadelphia (US 2021) A preliminary question... Why is ICWA an express exception to the general mandate of the Multi-Ethnic Placement Act (p. 387)? INMAGIN ThisA few answers Destruction of tribes, tribal communities, and tribal families through systematic removal of Native children . Boarding schools . Child welfare abuses . Tribal sovereigntyGoals of ICWA Protection of best interests of Indian children 0 Promotion of tribal stability and security Respect for unique values of tribal culture ARE THERE POSSIBLE TENSIONS AMONG THESE GOALS? How did Congress try to achieve its goals? - Procedural protections for parents, tribes, and Indian children, including: Recognition of tribal jurisdiction 0 Active efforts requirement Heightened burdens of proof - Substantive preferences for adoptive and foster care placement The text of 25 USC 1912 (d) Any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under State law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have been unsuccessful. . . . (f) No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. \fBaby Veronica's hard iourney - Born to unmarried parents, Cherokee F and non-Indian M. M relinquished child to white adoptive couple at birth, without telling F. F received notice of adoption when V was 4 months old and signed \"relinquishment.\" - Under South Carolina law, F had no standing to object to adoption because had not lived with M or provided support. RELYING ON ICWA, F PREVAILED IN SC COURT \" ? w V WAS TRANSFERRED TO F AT 2 V2 YEARS OF AGE Justice Alito for maiority 0 \"This case is about a little girl who is classified as Indian because she is 1.2% (3/256) Cherokee." The terms "breakup" and "continued custody" show that intent is to provide safeguards against removing Indian child from Indian family. Here F \"abandoned\" child before birth and never had legal or physical custody of child, making ICWA's safeguards inapplicable. ICWA's placements preferences don't apply if only one proposed placement is before court. Under [South Carolina court's approach],many prospective adoptive parents would surely pause before adopting any child who might possibly qualify as an Indian under the ICWA. Such an interpretation would raise equal protection concerns. Justice Sotomayor for dissenters . . . Section 1912 (d) and (f) must be read to include discontinuance of parent-child relationship, not only literal "break-up" of Indian family or "removal" from custody. Majority's approach is driven by disagreement with congressional policy. Would fathers who exercised parental role but never had custody be outside of ICWA's protections? ICWA's protections shouldn't turn on vagaries of state law. Congress intended for ICWA to deter adoptions of Indian children by non-Indians. In an ideal world parents would never become estranged and leave their children caught in the middle....They are families nonetheless. \fCONSTITUTIONAL CHALLENGES CONTINUE ... Texas Federal District Court, in suit by states and prospective adoptive parents, held ICWA is unconstitutional under Equal Protection Clause, Indian Commerce Clause, and 10th Amendment. Fifth Circuit reversed, but en banc review was ordered sua sponte. Brackeen v. Haaland (5th Cir. 2021) (en banc decision): ICWA's placement preferences violate Equal Protection in certain respects, and other ICWA requirements intrude on state authority in violation of 10th Amendment (affirming certain holdings of district court in 8-8 split). PETITION FOR CERT PENDING!White Earth Band of Ojibwe Customary Adoption -waabaabigani PCA Gaa-w ikaag How do the goals expressed in this tribal code differ from Anglo- White Earth Nation American adoption policies