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18 J. Fam. L. 79 (1979-1980)
Defining the Best Interests: Constitutional Protections in Involuntary Adoptions

handle is hein.journals/branlaj18 and id is 89 raw text is: DEFINING THE BEST INTERESTS: CONSTITUTIONAL PROTECTIONS IN INVOLUNTARY ADOPTIONS by Erwin Chemerinsky* Usually, a child's adoption occurs only after his natural parents consent.' The right to withhold consent, however, is not absolute.2 Every state has enacted a statute providing for involuntary termination of parental rights. Traditionally, these laws provide that natural parents have a right to the custody of their children until and unless they are shown to be unfit.4 In most states the pertinent statute sets out spe- cific circumstances which are sufficient to justify an involun- tary adoption, such as mental disability,5 failure to provide support,O habitual drunkenness,7 child neglect or abuse,8 abandonment,9 or extended imprisonment.10 * B.S., 1975, Northwestern University; J.D., 1978, Harvard Law School. Mem- ber, State of Illinois Bar. The author, formerly with the United States Department of Justice, is associated with Dobrovir, Oakes, and Gebhardt, Washington, D.C. I H. CLARK, THE LAW OF DOMESTIC RELATIONS IN THE UNITED STATES § 18.4 (1968). 1 Areen, Intervention Between Parent and Child: A Reappraisal of the State's Role in Child Neglect and Abuse Cases, 63 GEO. L.J. 887, 894-917 (1975). 3 Simpson, The Unfit Parent: Conditions Under Which a Child May Be Adopted Without the Consent of his Parents, 39 U. DET. L.J. 347, 360-63 (1962); Comment, A Compilation of Consent Provisions of Adoption Statutes, ROCKY MT.L.REv. 359, 360 (1952). 1 In re Kelly's Adoption, 47 Cal. App. 2d 577, 118 P.2d 479 (1941); Emmons v. Dinelli, 235 Ind. 249, 133 N.E.2d 56 (1956); In re Anonymous, 10 Misc. 2d 1076, 170 N.Y.S.2d 178 (Sup. Ct. 1958); In re Maisel, 395 Pa. 329, 149 A.2d 38 (1959); In re Child, 124 N.J. Super. 272, 306 A.2d 467 (1973); In re Luscier, 84 Wash. 2d 135, 524 P.2d 906 (1974). See, e.g., ILL. ANN. STAT. ch. 4, §§ 9.1-1D(h), 9.1-8 (Smith-Hurd 1975). See, e.g., IND. CODE ANN. § 31-3-1-6(g)(1) (Burns Supp. 1975); MINN. STAT. ANN. § 260.221(b)(2) (West Supp. 1975). 1 See, e.g., IOWA CODE ANN. § 232-41(d) (West 1969); Mo. ANN. STAT. § 453.040(4) (Vernon 1977). ' See, e.g., CAL. CIV. CODE § 232(a)(2) (West Supp. 1975); HAW. REV. STAT. § 578-2(c)(1)(A) (1976); N.C. GEN. STAT. § 48-5(a) (1976). See, e.g., VT. STAT. ANN. tit. 15, § 435 (Supp. 1974). See, e.g., MASS. GEN. LAWS ANN. ch. 210, § 3a, repealed by 1972 Mass. Acts, ch. 800, § 3 (West 1972).

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