Test 3 Review Sheet 10 12 2012 09 51 00 Levy v Louisiana Made clear that illegitimate kids that rights based on percentage pro under Constitution I Is a law that treats illegitimate children differently than legitimate for lawsuits for loss of a parent F Louisiana Statue allowed kids born in wedlock to recover for loss of mother but not illegitimate unmarried mom with 5 kids dies during operation Purpose was to discourage illegitimacy status had nothing to do with what happened to mother H Equal protection 14th amendment precluded the state from creating a right to sue in favor of legitimate child for the wrongful death of his parent then excluding illegitimate kids from that right Issue can an illegitimate child sue his biological status for causing Zeppeda v Zeppeda the legal disability illegitimate Facts plaintiff was an infant who sought damages by a lawsuit filed by his mother from his biological father for causing him to be born Holding court acknowledges the legal social judicial grounds that preclude a lawsuit for wrongful life to allow it would open floodgates for race characteristics etc Cause does recognize that child suffered injury by virtue of the legal status of illegitimacy Gomez v Perez Using Levy if a state establishes a right to paternal support this must extend to legitimate and illegitimate kids F In Texas both at common law and by state law a biological father has no duty to support his illegitimate kids Perez the natural father of Gomez his illegitimate daughter sued for support Court denied it not because she did not need it but because the state law penalized her birth status Stanley v Illinois Issue financial support is there a problem with how the states are implementing financial child support Thought couple was married not marred Female dies Under Illinois law illegitimate children become property of the state Father wants the children although he is a bad father Un wed fathers rights should not be different than normal father rights Deals with legitimacy and the rights of the biological father Lalli v Lalli Treats an illegitimate child whose father has not legally recognized him as not an heir is not unconstitutional it creates an evidentiary issue unique to the problem When father dies child does not receive inheritances since he is illegitimate Hard to identify legitimate children Court believes his name should have been written in will Buck v Bell Upheld Virginia s law that permitted eugenic sterilization Facts Carrie Buck 18 a feeble minded daughter of a feeble minded mother was institutionalized and when her daughter was born Virginia sued to have her sterilized at the urging of eugenics H US SCT Voting 8 1 when asked to balance the substantive due process rights of a feeble minded woman committed to State institution Raped causing Carrie to become pregnant Roe v Wade Decision that prevents the states from making an abortion criminal Pregnant woman lies to doctor about cause of rape and asks for abortion which is illegal in Texas H Right of privacy includes a woman s decision about abortion whether or not to have a child but must consider important state interest in regulating the practice including the viability of the fetus and the mother s health In re Juvenile Appeal Issue can the government take children away from a parent if the parent has not had a trial to prove she is fit Facts Single parent with 6 kids lived in small apt receiving protective services from the state in the system Holding state required to prove preponderance of evidence that child is at risk of harm in order to remove kid temporarily from parent No evidence kids were suffering from serious physical illness serious physical injury those they would be in immediate physical danger if they were returned to the mom s home Kids were in protective custody for more than 3 years Abuse of process Johnson v State Can we convict a mother for taking drugs while she is pregnant and does so knowingly F Woman has a history of drug abuse cocaine Admits she was concerned about effects of drugs on infant at the time Admits she used rock cocaine on the morning of her labor Smoked pot and crack every other day during pregnancy of her first child Sanders v State 3 month old infant found with bruising skin missing and mush head accidentally dropped on floor H Guilty battered parent syndrome se of circumstances which indicate child has been a victim of abuse e g parent product of a violent environment chronic stress history of poor social judgment etc Prosecutor uses it to convict People v Jennings Fact father disciplines 4 month old infant for being fussy stuck her with open hand stopped breathing causing brain damage blindness said cruel is vague Issue was he guilty of felony child abuse cruelty punishing her Holding term is intelligible capable of non arbitrary enforcement possible to distinguish disciple v abuse battered child syndrome article her most difficult call when is a mother so troubled Hecht v Kane Man was married and had kids and then gets divorced finds a new women and gives sperm Do we pass sperm under a wall Yes released sperm to girlfriend Baby M Surrogacy case contract between Husband 1 and surrogate mother Once woman has the children she releases her rights Wife 1 doesn t have to go through any of the usual adoption procedures receives child by fulfilling terms of contract Surrogate mother refuses to relinquish control of the baby Idea of baby selling violates state laws on adoption NJ says we are not going to enforce the contract due to these factors Court must now decide who gets the baby what would be in the Intended parents should receive it since they had been planning on best interest of the child raising a child They are biologically related Surrogate mother gets visitation rights NJ finds surrogacy to be illegal EXCEPT when they are done without financial obligations All surrogacy contracts in NJ void and illegal NO Herminson vs State Child has juvenile diabetes passes away due to parents decision not to follow medical treatments First convicted then challenge statue which was too vague Court states you can t charge parents for following religious beliefs Decision was that statue was not valid due to vagueness In Re Green Wisconsin v Yoder Amish community Public school up through elementary school then home school for middle and high school years Parents argue they take their children out of school so they will not leave community when they are 18 Do not support