Marriage Rights of the Mentally Challenged
Mentally challenged citizens enjoy the legal right to marry and procreate. Every individual with an intellectual, developmental or physical disability has the right to certain extensions within the law, allowing for further support. The law in most states requires that a mentally challenged individual be able to understand and approve of any situation in which they are participating. Assistance from family members and other community resources can help a mentally challenged person make realistic choices regarding her future.
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Reasonably Self-Supporting
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According to the American Association on Intellectual and Developmental Disabilities, any mentally challenged citizen can marry and raise a family, providing that individual can be effectively self-supporting. Their definition of self-supporting includes someone who has demonstrated economic self-sufficiency, or a person who is able to reasonably and effectively perform the obligations of marriage and parenthood.
Extensions
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Many state laws permit certain extensions for mentally challenged citizens in the United States of America. These individuals hold the right to participate in publicly supported and administered trainings and programs. These programs can teach and model certain interpersonal academic skills, as well as job training functions. Classes can even cover pregnancy and parenting.
Children
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Many mentally challenged individuals are capable of having healthy children without mental disabilities. However, if an individual's mental disability is a result of a genetic condition, the law advises that the mentally challenged couple receive appropriate genetic counseling. The law regarding child abuse is the same regardless of mental disability. If a mentally challenged couple does not care for their children in the proper manner, social services has a legal right to take those children out of the home.
Annulment
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Some mentally challenged adults are subject to the guardianship of a family member or foster parent for an extended period of time. At no time should a guardian or parent have the legal right to annul a mentally challenged person's marriage simply because the individual is mentally retarded. Similarly, guardians and parents do not have a right to limit a person's ability to bear children, unless that person does not have the capability to sexually consent.
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