Question
In the year 2010 Sarah & Jim were unmarried but living together in New Jersey. In 2011 baby Jane was born. Jim was present for
In the year 2010 Sarah & Jim were unmarried but living together in New Jersey. In 2011 baby Jane was born. Jim was present for Jane's birth and both Sarah and Jim are listed as the biological parents on Jane's birth certificate. Sarah, Jim, and Jane were a happy family for 3 years. Jim's parents frequently visited Jane at Jim and Sarah's home and they babysat her many times. She is their only beloved grandchild. In 2015, before Jane's fourth birthday, Sarah and Jim broke up. Sarah moved with Jane to California. Jim has not seen Jane or Sarah since they left for California because he does not know their address. Jim and Jim's parents paid for a detective to find Sarah and Jane but the detective could not find them. It is now 2016 and Jim saw in theCalifornia Heraldnewspaper online that Sarah and Millionaire Melissa, the black lesbian owner of a mega-vitamins Fortune 500companyare getting married. Their marriage is the first celebrated lesbian marriage in the county since California's recent passage of a same-sex marriage act. In the announcement it states that Melissa loves little Jane like her own daughter and she will be adopting her as soon as possible to make her the heir to her mega-vitamins fortune. Jim is upset and does not want Jane to be adopted, he would like to re-establish his father-daughter relationship but he does not know what to do next. He has come to your law firm for advice. The attorney wants to help Jim but he has only done wills and bankruptcy. The attorney remembers that your cover letter states you are particularly interested in "fathers' rights". The attorney comes to you to help describe how Jim might be helped. Jim's parents are willing to pay the attorney however much it takes to help Jack.
- Can Jim object to the adoption on the basis that Millionaire Melissa is black? How might the court respond?
- Can Jim object to the adoption because Millionaire Melissa is a lesbian/homosexual? What might the court say?
- What should Jim do next to establish his parental rights?
- Would a petition in the California county where the wedding announcement was made help?
- What about a putative father registry?
- Based on the SupremeCourts' decisionsinQuilloin v.Walcott,Caban v. Mohammed, andLehrv.Robertsonhow might the courtview (favorably, unfavorably) Jim's relationship with Jane?
- According to theUniform Adoption Act of 1994and the2002 Parentage Actdoes Sarah need to notify Jim formally of Millionaire Melissa's intentions?
- Is the newspaper wedding announcement enough notice?
- Is Jim's consent needed?
- What are the rights, if any, of Jim's parents if Millionaire Melissa succeeds in adopting Jane?
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