Document Type
Article
Media Type
Text
Abstract
The U.S. Supreme Court has long recognized federal constitutional childcare rights in parents that may not be easily diminished or eliminated by government. Yet it has allowed these childcare rightsholders to be chiefly defined by state laws. The relevant state laws vary widely, dependent upon such factors as biological ties, functional parenthood, contracts, and the avenues to conception. Deference to state lawmaking here is unique. No other federal constitutional rightsholders are so significantly defined by state statutes and precedents. This deference has resulted in significant interstate variations in de facto parent, equitable adoption, presumed parent and surrogacy matters, as well as in significant problems that can only be remedied by further U.S. Supreme Court pronouncements. The high court should soon address important childcare parent issues, including paternity opportunity and gestational carrier interests during assisted reproduction; childcare interests for functional parents; the limits on parental and prospective parent waivers of federal constitutional childcare rights; and, clearer guidelines on the possibility of nonparental state childcare laws, as with those benefiting grandparents and stepparents.
First Page
305
Last Page
354
Publication Date
2-1-2013
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Parness, Jeffrey A.
(2013)
"Federal Constitutional Childcare Interests and Superior Parental Rights in Illinois,"
Northern Illinois University Law Review: Vol. 33:
Iss.
2, Article 6.
Suggested Citation
Jeffrey A. Parness, Federal Constitutional Childcare Interests and Superior Parental Rights in Illinois, 33 N. Ill. L. Rev. 305 (2013).
