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Article: Balancing "Parents Are" and "Parents Do" in the Supreme Court's constitutionalized family law: Some implications for the ALI proposals on de facto parenthood
- Article from:
- Brigham Young University Law Review
- Article date:
- January 1, 2001
- Author:
CopyrightCopyright Brigham Young University, Reuben Clark Law School 2001. Provided by ProQuest LLC. (Hide copyright information)
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Balancing "Parents Are" and "Parents Do" in the Supreme Court's Constitutionalized Family Law: Some Implications for the ALI Proposals on De Facto Parenthood*
I. INTRODUCTION
Chapter 2 of the American Law Institute's ("ALI") proposed Principles of the Law ofFamily Dissolution1 proposes to widen considerably two relatively new concepts in family law: "de facto parenthood"2 and "parenthood by estoppel."3 Of course, persons other than biological or adoptive parents have been acting in parental roles
toward children for ages; what is new here as in other parts of the ALI Principles4 is the taking of historically nonlegal relationships into the domain of law.
This proposal would recognize ...