Confirm favorite deletion?
Family Law Keyed to Weisberg
In Re Adoption of Anonymous
Facts
Two types of artificial insemination exist: Homologous insemination, whereby the wife is artificially impregnated with the semen of her husband (AIH); and heterologous insemination, the artificial insemination of the wife by the semen of a third-party donor (AID). AID procedures have increased due to the unavailability of adoptive children. In the present case, a child was born of consensual AID during the marriage. The husband was listed as the father on the birth certificate. The couple later separated, followed by a divorce. The separation agreement and divorce decree declare the child to be the daughter and child of the couple. The wife was granted support and the husband visitation rights. Husband faithfully visited and performed all support conditions. The wife later remarried and her husband petitioned to adopt the child. The first husband refused to consent, and petitioner suggested that the first husband’s consent was not required because he is not the parent of the child.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.