Conscience Clauses and the Placement of Children

  • Mark Strasser Professor

Abstract

Adoption is a creature of statute. There is neither a fundamental right to adopt nor to be adopted and states have much discretion with respect to the contents of their adoption laws. Nonetheless, that discretion is not unlimited. Both the United States Constitution and federal statutes limit states with respect to how they regulate adoption, though the contours of those limitations are not clearly laid out. Those contours are now becoming more contested, and the courts will likely be forced to clarify the degree to which states with discretion with respect to the contents of their adoption regulations and statutes.

Author Biography

Mark Strasser, Professor
Mark Strasser, Trustees Professor of Law, Capital University Law School, Columbus, Ohio.
Published
2014-04-29
How to Cite
STRASSER, Mark. Conscience Clauses and the Placement of Children. Journal of Law and Family Studies, [S.l.], v. 15, n. 1, apr. 2014. Available at: <http://epubs.utah.edu/index.php/jlfs/article/view/1206>. Date accessed: 26 sep. 2017.
Section
Articles