[AKidsRight.Org] The "You're a Parent Notification Act" - Rev B. / Your FEEDBACK

webmaster@akidsright.org

Good People & People of Faith,

We've had the Family Rights Act at the site for review,
http://www.AKidsRight.Org/approach.htm

As many of you who have contacted legislators know -- it is a big
step.  It would fully recognize and protect the basic Civil/Human
Right we all have to be parents to our own children, and for our
children to have BOTH parents in their lives.

Right now, even many parents don't think in terms of Civil Rights --
what can we expect of legislators?  Perhaps the introduction of a Law
(even at the State level), that directly addresses the concept of
equal notification in parenting might help?

John Murtari, Group Coordinator, had an opportunity to visit last year
with two members of his State Legislature (New York), Assemblyman
Robert Oaks and Senator Michael Nozzolio. He asked them about ensuring
parental notification of BOTH parents at the birth of a child.  They
both found the concept interesting and John promised follow up with
a draft for a Bill.

Obviously, in almost all cases a mother knows that she is going to be
parent and this Act hopes to bring equality to fathers; however, as
science advances we may soon find the ability to take an 'egg' and bring
it to term -- and perhaps ignore the biological mother. 

But remember, our group goal is to ensure we are all considered Fit &
Equal parents.  The discussion of this Act would help not only
Fathers, but Mothers, and also those who have suffered from false
child abuse allegations.  Why?  It will get people thinking about
rights and how those rights should be recognized and protected.

We have THREE sections in this message:

1. You're a Parent Notification Act - first sent out last December.
2. Your FEEDBACK - very good remarks.
3. You're a Parent Notification Act - revision 'B'.

This one is not 'easy'.  It does force you to think about rights.
Your further FEEDBACK is of course welcome.  We hope to bring this Act
into local Legislators within the month.  This message is going to
just direct LIST members.  We will probably do one more revision and a
final call for comments on not only this list, but also yahoogroups.

None of the Act is 'proprietary' -- anyone is welcome to modify it
and use it within your state.  Versions of the Act and background
are also at the web site:
http://www.AKidsRight.Org/parental_notification

1. You're a Parent Notification Act - first sent out last December.
-------------------------------------------------------------------

                "You're a Parent Notification Act"

Background:

   This Act is founded on the natural law that any child has TWO
   parents and that preparation for being a successful parent begins
   at conception.  Society should ensure the same rights &
   responsibilities to both parents.  No one should be a parent
   without their knowledge.

   [ your suggestions ]

Summary:

   It shall be the duty of a parent to notify the other parent upon
   the [birth or conception] of a child.  This notification should
   occur with [30] days of the event.  The State will maintain a
   registry of notifications for both parents.  If the [birth or
   conception] event is recognized by [medical or other health
   professionals] they will assist in making sure notification is
   completed.

   The scope of this Act [is limited to just] notification. Once
   notified the parent has recourse to existing law.

Exceptions:

   Notification need not occur in the designated period if a rape is
   alleged and criminal charges are pending against the other parent.
   [other exceptions/details]

Definition of Notification:

   Notification is documented by a [witnessed/signed] document from
   the parent.  It will include the date of [birth or conception] and
   the name and address of the other parent.

   The cost of notification will be shared equally between the
   parents.

Procedures: 

   If a parent can not be located [what?]

   If one parent refused to identify the other parent [what?]

   If one parent refuses to acknowledge notification [what?]

[Additional questions of scope for this Act. We do not want to make
this complicated, should the below be included or left out?]

   If a jurisdiction allows a parent to 'abort' a child within a time
   period, thereby relieving them of parenting responsibility --
   should the non birth parent have the ability to declare no desire
   to be a parent and abrogate responsibility for the child (but not
   force an abortion)?

   If a jurisdiction allows a parent, after a live birth, a certain
   period of time to leave a child for adoption, thereby relieving
   them of parenting responsibility -- should the non birth parent be
   presented with a similar option?

[anything else?]

2. Your FEEDBACK [in order of length]
-------------------------------------

--- "Jerry O'Neil" <oneil@CenturyTel.net>

> While I am a strong advocate of parental rights, I am also a strong
> opponent of government intrusion into our private affairs. Requiring
> a woman to notify the government if she becomes pregnant is way too
> intrusive.

---  Charles Horton <tafari4ii@sbcglobal.net>

> ... it is a sad day when we must get a law from man to uphold our
> God given rights, and inherent rights from a government that is
> suppose to be built on God as its core base.

--- Diane Booth <Childrescue2006@aol.com>

> I have questions about the "Exception" that: "Notification need not
> occur in the designated period if a rape is alleged and criminal
> charges are pending against the other parent.  In California
> probably at least 50% or more of the population has or had criminal
> "charges" against a parent.  We are supposed to be innocent until
> proven guilty.  In California parents are never allowed to prove
> their innocence.  A misdemeanor charge is never followed by a trial
> and often the charged person is not allowed to submit evidence at a
> hearing.

--- Robert Gartner <planetaryg@yahoo.com>

> Notification need not occur in the designated period if a rape is
> alleged and criminal charges are pending against the other parent.
> [other exceptions/details]

> Does this imply that the charges are for the alleged rape or some
> other criminal charges? In the past when my daughter was born and
> her mother ran to the state assistance bureau, all she had to tell
> them was that she'was afraid' to identify the father! They were
> happy to please her but in effect their process became an enabling
> thing.

--- Charles <iamjahlul@aol.com>

> ... you are on the right track, and train with this.  I will read
> it again, and forward any and all points that I feel needs
> addressing.  Thanks John you are picking up.

> We must receive our rights at the conception of the child.  We must
> have a say in whether or not child is given a chance to be born into
> this world.  As it stands now the mother is the only one that has a
> say.  The child doesn't nor the father has a say in whether or not
> the child lives or who the child's father is.  The courts have taken
> it on it's own to believe the mother and accept father's saying they
> are the father, even though they may not be as fact.  Their focus is
> getting money over the best interest of the family or the child.

> This will make a difference in our children and families to have the
> right to our God given inherent rights as a parent.  As of how it
> goes today, men are reduced to sperm donor's are less. Slave would
> be more like it.

--- Suzanne Shell <dsshell@ix.netcom.com>

> I think this is a bad idea. . .  could be used as a prelude to
> licensing parents. Also - this would impose costs of enforcement
> upon state agencies. Legislators are much more likely to pass bills
> that don't cost them anything. May I offer an alternative? Make it
> "A Parent's Right to Know" Act.

> Rather than forcing notification by law, write a law that imposes
> penalties if a parent doesn't notify the the other parent (OK enough
> cutsie politically correct stuff - if the mom does not inform the
> alleged father) OR if the mother lies about paternity - e.g. failure
> to notify or falsifying paternity precludes the mother from seeking
> benefits or remedies available under law. Possibilities include a
> prohibition on seeking and obtaining child support for any period of
> time before the father was notified or if paternity was falsified,
> she forfeits child related income tax deductions and earned income
> credits if she fails to notify papa or falsifies paternity, she is
> statutorily presumed (rebuttable?) to be acting in bad faith when
> issues involving the father's parent-child relationship are
> litigated if the father was never notified or notification was never
> attempted or she lied about paternity. . .you get the idea and you
> can take it from here.

--- Robert Green <Robert.Green@dshs.state.tx.us>

> Just think how many long-term tragedies such as paternity fraud and
> protracted paternity/child support cases could be avoided if only...
> like the principle of "informed consent," state laws REQUIRED that
> paternity and its associated rights, duties and privileges
> (Constitutionally-protected and equal for both parents) were
> routinely established within a very short time following the birth
> of EVERY child.  Every mother KNOWS she's a mother; but, a simple
> blood test collected in the hospital, or wherever, removes a man's
> total reliance on FAITH that the child is his biologically.  And,
> even if the child is shown to be the offspring of another, the man
> may now CHOOSE, "up front" and in writing, to accept the parental
> obligation legally...rather than having it forced upon him by a
> court should a divorce occur.  Such testing, if routinely required,
> would also reduce the necessity for "notifying" a lot of fathers
> (since the results would be given to him personally); and, it would
> surely reduce the complexity of any "child support" proceedings
> "down the road."

> In the immortal words of Ronald Reagan, "Trust...but verify!"

--- Ann Poorboy <aempoorboy@yahoo.com>

> I think if we want to get this through for the sake of our children,
> we need to stay away from the abortion issue all together.  It's too
> broad a topic to be covered here and a great excuse for them not to
> pass this act.  It brings into play the broad question of whether
> abortion is a civil matter, a religious matter, a personal
> healthcare matter, or a matter of parenthood.  Think from the
> perspective of the legislators who would vote on this.  If you want
> to address this I would recommend a separate act so as not to taint
> this one.

> As for the registry option, anyone listed on a birth certificate
> should be notified at their last known address by the department of
> vital records and have the option for paternal verification up to a
> time period after they are listed.  This takes out of play the
> question of did they or didn't they notify the other parent
> appropriately.  Having it come through an official channel makes
> more sense.  I think placing the burden on health care providers
> outside their current reporting practice, would be cumbersome and
> unfair.  There should be many easy ways to write this.

> For those birth mothers who simply don't know the birth father,
> either due to a casual relationship, involuntary act or otherwise,
> then perhaps newspaper legal notification in the paper where the act
> occurred might be appropriate and sufficient.

> I don't think anyone gets to opt out as a parent, think child
> support payments.  Opting in is more complicated.  Again staying
> away from abortion, adoption should probably also be addressed
> separately.  A male parent should have the right to assume
> responsibility for his newly born child should the birth mother want
> to put it up for adoption.  I'm not sure how child support would be
> or is addressed in this type of situation.  There are avenues in
> most states for the termination of parental rights, there might be
> something helpful there.

--- Steve <steve66oh@yahoo.com>

> I am in complete agreement that every parent has a right to know
> that they are (or are about to become) a parent. The inequalities
> that exist between men and women with respect to conception,
> pregnancy, "choice" and birth are integral parts of the whole
> problem, and I've spent many hours thinking about solutions to these
> problems.

> As much as I agree with the idea of a "Parental Notification Act", I
> see overwhelming problems. First of all, anyone attempting to draft
> this type of legislation should be completely familiar with the USSC
> decision in "Planned Parenthood of W. PA v. Casey" (1992). In Casey,
> the USSC revoked the "Fundamental Right" status of abortion, making
> it a little easier for states to regulate abortions. More to the
> current point though, in Casey the USSC overturned as
> unconstitutional a PA requirement that pregnant women seeking
> abortions must notify the (suspected) fathers.

> I see a glimmer of hope with the current proposal, because it would
> apply to ALL parents instead of just those seeking abortion, but I
> predict the N.O.W. will portray it as an attempt to impede abortions
> and will fight vigorously against it on that basis.

> Also, in keeping with the current legal status of "unviable tissue
> mass" unborn children, I believe the courts will find that a
> father's prenatal right to know is less important than the mother's
> right to privacy. Upon birth, when the abortion question has been
> made moot, then perhaps notification could be enforceable.

> I've thought about the possibility of shifting the notification
> requirement from the mother to the doctor, but I ran into the same
> privacy/confidentiality issue. At best, a prenatal notification
> would become "Dear Mr. _____, I have just diagnosed a pregnancy in
> which the (unnamed) mother has identified you as a possible
> father. Have a nice day." Even this would bring howls of protest
> from the N.O.W., which would trot out the all-powerful abuse card,
> claiming this law would endanger women carrying babies by allowing
> men to figure out their identities and then use all kinds of threats,
> intimidation and violence to get their own way regarding the babies.

3. You're a Parent Notification Act - revision 'B'.
---------------------------------------------------
In the original Act there was a big decision to be made whether
notification should be required at birth or conception.  In light of
the remarks, this revision of the Act was to have its provisions
start at birth.

It is a small compromise without diminishing, within its scope, a
parent's right to know.  It also gets rid of a lot of orthogonal
arguments that could be used as interference.  Obviously, once it is
passed and is accepted as 'normal' process -- more arguments could be
made to have notification started earlier.

             "You're a Parent Notification Act" - Rev. B

Background:

   This Act is founded on the natural law that any child has TWO
   parents and that preparation for being a successful parent
   certainly begins by birth.  Society should ensure the same rights &
   responsibilities to both parents.  No one should be a parent
   without their knowledge.

   While perhaps considered 'obvious' for the mother of a child; as
   bio-technology progresses, the Act would also insure notification
   if an 'egg' was brought to term by artificial means.

Summary:

   It shall be the duty of a parent to notify the other parent upon
   the birth of a child.  This notification should occur with 30 days
   of the event.  The State will maintain a registry of notifications
   for both parents.  If the birth event is witnessed by medical or
   other health professionals they will assist in making sure
   notification is completed.

   The scope of this Act is limited to just notification. Once
   notified the parent has recourse to existing law.

Exceptions:

   Notification need not occur in the designated period if criminal
   charges for a rape are pending against the other parent.

Definition of Notification:

   Notification is documented by a witnessed & signed document from
   the parent.  It will include the date of birth and the name and
   address of the other parent.

   The cost of notification will be shared equally between the
   parents.

Procedures: [WE COULD USE YOUR HELP ON THESE] 

   If a parent can not be located [what?]

      * Legal postings will be made in regional newspapers.

   If one parent refused to identify the other parent [what?]

      * Criminal proceeding beings, police investigation to
        identify/find the other parent.

   If one parent refuses to acknowledge notification [what?]

      * Use of third party process server.  Cost to be shared
        by both parents.

      * A Parent can require DNA Analysis.

-- 
                                     Webmaster
__________________________________________________________________
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