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Parental Rights in Regards to Adoption: Case Study Questions

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Parental Rights in Regards to Adoption: Case Study Questions
Memorandum
From: Harlee Cuomo
To: Marvin Longabaugh
Date: June 2, 2015
Re: Parental Rights in Regards to Adoption
Relevant Facts Alex and his girlfriend, Elizabeth, live within the state of Washington. Alex is twenty-seven and his girlfriend is twenty-one. Elizabeth wants to become a cardiologist one day. Alex finds out that Elizabeth is pregnant and wants to give the baby up for adoption. Alex, however, wants to be a parent to the unborn child. Both Elizabeth and her parents believe the baby would be better off with a stable married couple.
Statutes
Rev. Code Wash. (ARCW) §§ 26.26.101, 26.26.116, 26.26.305, 26.26.505, 26.33.160, 26.33.170
Questions
1) What are Alex’s rights, if any, in this situation? Outline the steps Alex would go through in order to exercise his rights in this situation.
In order for Alex to exercise his rights there are several steps he must complete. To begin using Rev. Code Wash. (ARCW) § 26.26.101, Alex must establish that he is the father of the unborn child through presumption of parentage, acknowledgement, joint custody or adoption. Alex must attempt to establish the parent-child relationship. First, Alex that he must try to become the presumed father. Presumption of parentage could apply under Rev. Code Wash. (ARCW) § 26.26.116, “(1) In the context of a marriage or a domestic partnership, a person is presumed to be the parent of a child if: (a) The person and the mother or father of the child are married to each other or in a domestic partnership with each other and the child is born during the marriage or domestic partnership”. Therefore if Alex were to marry Elzabeth he would be presumed father of the unborn child, however due to Elizabeth wanted to put the child up for adoption it is unlikely that a marriage would occur. If Alex is opposed to marrying Elizabeth then under Rev. Code Wash. (ARCW) § 26.26.305 Alex must execute acknowledgement of paternity. By doing so it is stated in Rev. Code Wash. (ARCW) § 26.26.305 that, “an
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