Legal Opinion · Dissent

Delgado v. Fawcett

Alaska Supreme Court

Decided October 29, 1973No. 1594Published

1DissentErwin, Justice

I dissent from the views expressed by the majority. The majority has equated the concept of visitation rights with the legal definition of custody and, in the process, has deprived the Alaska courts of the ability to grant adoptions in cases where adoption may, in fact, be in the best interest of the child or children involved.

I feel strongly that biological parenthood should never be used as a device to deprive children properly before the Alaska courts of a judicial determination on whether or not adoption is in their best interest. While I understand the fears of separated and divorced…

2Cases cited23 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Wisconsin v. YoderSupreme Court of the United States · 1972
  4. Meyer v. NebraskaSupreme Court of the United States · 1923
  5. Armstrong v. ManzoSupreme Court of the United States · 1965

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