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A spouse is a significant other in a marriage. In certain contexts, it can also apply to a civil union or common-law marriage. Although a spouse is a form of significant other, the latter term also includes non-marital partners who play a social role similar to that of a spouse, but do not have rights and duties reserved by law to a spouse.
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.
A stepfamily is a family where at least one parent has children who are not biologically related to their spouse. Either parent, or both, may have children from previous relationships or marriages. Two known classifications for stepfamilies include "simple" stepfamilies, where only one member of the family's couple has a prior child or children and the couple does not have any children together, and "complex" or "blended" families, where both members of the couple have at least one pre-existing child.
Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec:
Filiation is the relationship which exists between a child and the child’s parents, whether the parents are of the same or the opposite sex. The relationship can be established by blood, by law in certain cases, or by a judgment of adoption. Once filiation has been established, it creates rights and obligations for both the child and the parents, regardless of the circumstances of the child’s birth.
The international adoption of South Korean children was at first started as a result of a large number of orphaned mixed children from the Korean War after 1953, but later included orphaned Korean children. Religious organizations in the United States, Australia, and many Western European nations slowly developed into the apparatus that sustained international adoption as a socially integrated system. This system, however, is essentially gone as of 2020. The number of children given for adoption is lower than in comparable OECD countries of a similar size, the majority of adoptees are adopted by South Korean families, and the number of international adoptees is at a historical low.
International adoption is a type of adoption in which an individual or couple residing in one country becomes the legal and permanent parent(s) of a child who is a national of another country. In general, prospective adoptive parents must meet the legal adoption requirements of their country of residence and those of the country whose nationality the child holds.
Closed adoption is a process by which an infant is adopted by another family, and the record of the biological parent(s) is kept sealed. Often, the biological father is not recorded—even on the original birth certificate. An adoption of an older child who already knows his or her biological parent(s) cannot be made closed or secret. This used to be the most traditional and popular type of adoption, peaking in the decades of the post-World War II Baby Scoop Era. It still exists today, but it exists alongside the practice of open adoption. The sealed records effectively prevent the adoptee and the biological parents from finding, or even knowing anything about each other. However, the emergence of non-profit organizations and private companies to assist individuals with their sealed records has been effective in helping people who want to connect with biological relatives to do so.
More adoptions occur in California each year than any other state. There is domestic adoption, international adoption, step parent adoption and adult adoption.
In the United States, adoption is the process of creating a legal parent-child relationship between a child and a parent who was not automatically recognized as the child's parent at birth.
Open adoption is a form of adoption in which the biological and adoptive families have access to varying degrees of each other's personal information and have an option of contact. While open adoption is a relatively new phenomenon in the west, it has been a traditional practice in many Asian societies, especially in South Asia, for many centuries. In Hindu society, for example, it is relatively common for a childless couple to adopt the second or later son of the husband's brother when the childless couple has limited hope of producing their own child.
The main family law of Japan is Part IV of Civil Code. The Family Register Act contain provisions relating to the family register and notifications to the public office.
Genealogical bewilderment is a term referring to potential identity problems that could be experienced by a child who was either fostered, adopted, or conceived via an assisted reproductive technology procedure such as surrogacy or gamete donation.
The Uniform Adoption Act (1994) is a model law proposed by the U.S. Uniform Law Commission. It attempts to "be a comprehensive and uniform state adoption code that:
- is consistent with relevant federal constitutional and statutory law
- delineates the legal requirements and consequences of different kinds of adoption
- promotes the integrity and finality of adoptions while discouraging "trafficking" in minors
- respects the choices made by the parties to an adoption about how much confidentiality or openness they prefer in their relations with each other, subject, however, to judicial protection of the adoptee's welfare
- promotes the interest of minor children in being raised by individuals who are committed to, and capable of, caring for them."
The Hindu Adoptions and Maintenance Act (HAMA) was enacted in India in 1956 as part of the Hindu Code Bills. The other legislations enacted during this time include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to codify and standardise the current Hindu legal tradition. The Adoptions and Maintenance Act of 1956 dealt specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide "maintenance" to various family members including their wife or parents, and in-laws.
The following outline is provided as an overview of and topical guide to adoption:
Adult adoption is a form of adoption between two or more adults in order to transfer inheritance rights and/or filiation. Adult adoption may be done for various reasons including: to establish intestate inheritance rights; to formalize a step-parent/step-child relationship or a foster parent/foster child relationship; or to restore the original legal relationship between adult adoptees and their biological families.
Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."
The second-parent adoption or co-parent adoption is a process by which a partner, who is not biologically related to the child, can adopt their partner's biological or adoptive child without terminating the first legal parent's rights. This process is of interest to many couples, as legal parenthood allows the parent's partner to do things such as: make medical decisions, claim dependency, or gain custody in the event of the death of the biological parent.
Adoption does not exist formally as a practice in Jewish Law (Halacha), although rabbinic texts were not uniform on whether or not they recognized the validity of adoption and several examples of adoption take place in the Hebrew Bible and texts from the Second Temple Judaism. The Hebrew word for adoption ‘אימוץ’ (immutz), which derives from the verb ‘אמץ’ (amatz) in Psalm 80 verse 16 and 18 meaning ‘to make strong’, was not introduced until the modern age. Jewish perspectives towards adoption promote two contradictory messages towards nurture and nature. On the one hand, Judaism expresses favourable attitudes towards adoption across religious movements and is widely viewed as a good deed (mitzvah). Based on the Talmudic teachings that when one raises an orphan in their home, "scripture ascribes it to him as though he had begotten him," Rabbis have argued that the commandment of procreation can also be fulfilled through the act of adoption. However, this interpretation raises a number of questions in relation to lineage and biological status, which is a core value in Halacha.
Same-sex adult adoption involves adult adoption—the adoption of one adult by another—of a partner in order to benefit in some way, such as to create family relationships, to ensure inheritance rights and to keep collateral relatives from contesting the estate plan of the adopted adult. It was most prevalent from the 1970s and 1980s to early 2000s, as during that time, many countries had not legalised same-sex marriage. It was mostly used due to same-sex marriage not being available in some countries, to create a family unit, get property and inheritance rights, securing insurance benefits and allowing recovery in tort. Same-sex adult adoption has evolved during the years, becoming less prevalent in countries where same-sex marriage is legal. It is not to be confused with LGBT adoption, wherein another party is adopted by a couple.
References
- ↑ "France" (PDF). adoptionpolicy.org. Retrieved 8 May 2023.
- ↑ "Adoption and child welfare protection in France" (PDF). hal.inserm.fr. Retrieved 8 May 2023.
- ↑ "Adoption Glossary: Plenary adoption". Archived from the original on 16 June 2008. Retrieved 7 July 2008.