No. 20-849

P. F. v. J. S., et al.

Lower Court: Kansas
Docketed: 2020-12-23
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: adoption adoption-law biological-parenthood constitutional-standard due-process evolving-family-landscape family-dynamics family-rights gender-assumptions liberty-rights parental-rights
Key Terms:
DueProcess FourthAmendment Privacy
Latest Conference: 2021-04-30 (distributed 2 times)
Question Presented (from Petition)

1. With the familial landscape having evolved over the last thirty years, neither parent fitting assumed roles and a bond formed between father and child as a case in point, can the "biology-plus" standard still be considered constitutional when it can no longer be justly applied?

2. Ultimately having a negative impact on the children, does it serve the ends of justice if fundamental rights afforded to parents by the U.S. Constitution are unethically contemned when contesting adoption?

3. As federal laws provide encompassing standards with which state adoption laws comply, any action based on the implemented statute, which a broader definition of support is to be affixed, requires that all relevant surrounding circumstances be considered. Once accurately interpreted, is there clear and convincing evidence that Father did not provide support to Mother for the last six months of pregnancy?

Question Presented (AI Summary)

Can the 'biology-plus' standard still be considered constitutional when it can no longer be justly applied?

Docket Entries

2021-05-03
Rehearing DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-03-23
Petition for Rehearing filed.
2021-03-01
Petition DENIED.
2021-02-11
Supplemental brief of petitioner P.F. filed. (Distributed)
2021-02-10
DISTRIBUTED for Conference of 2/26/2021.
2021-01-19
Waiver of right of respondents J.S., et al. to respond filed.
2020-10-22
Petition for a writ of certiorari filed. (Response due January 22, 2021)

Attorneys

P.F.
Paul Fiscus — Petitioner