Adult adoption

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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 interstate inheritance rights; [1] 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. [2]

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In Japan, adult adoption may be used in order to facilitate the continuance of a family business. [3] This form of adoption is known as mukoyōshi ("son-in-law adoption"). [4]

Depending on the laws of the jurisdiction, adult adoption may not be available as a legal option. In the United Kingdom, only children may be adopted. The Adoption and Children Act (2002) states, "An application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application." [5]

In places where adult adoptions exist, it may or may not transfer filiation in addition to inheritance rights. For example, in Colorado, one can adopt an adult of age 21 or older for inheritance purposes, but filiation will remain unaffected. [6] However, adoption of a person between the ages of 18 and 20 (inclusive) transfers both inheritance rights and filiation. [7] In most other American states, both filiation and inheritance rights are transferred.[ citation needed ] In countries where same-sex couples have not received the same legal protections as heterosexual couples, adult adoption of a partner has been used to ensure the property transfer to the surviving partner upon death. [8] [9] [10]

Among same-sex couples

During 80s and 90s, in absence of recognition of same-sex marriage, adult adoption was a way used by some persons having same-sex preference to let their partner inherit their estates. [11] The process however involved the convoluted process of first getting rid of the formal parent child relationship of the adoptee from his/her biological parents and then applying for an adult adoption where his/her partner would be the adopter. In the 2010 book Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States, author Yuval Merin called adult adoption among same-sex couples "problematic" and noted that it had not gained popularity as a means to "circumvent the impossibility of same-sex marriage" at that time in the U.S. [12]

See also

Related Research Articles

<span class="mw-page-title-main">Adoption</span> Parenting a child in place of the original parents

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.

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2024, marriage between same-sex couples is legally performed and recognized in 37 countries, with a total population of 1.4 billion people. The most recent country to legalise same-sex marriage is Nepal. A 38th country, Liechtenstein, will begin performing same-sex marriages in 2025.

A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.

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.

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.

Same-sex marriage has been legal in Ireland since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Same-sex marriages in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day. Ireland was the eighteenth country in the world and the eleventh in Europe to allow same-sex couples to marry nationwide.

<span class="mw-page-title-main">Recognition of same-sex unions in Croatia</span>

Croatia recognizes life partnerships for same-sex couples through the Life Partnership Act, making same-sex couples equal to married couples in almost all of its aspects. The Act also recognizes and defines unregistered same-sex relationships as informal life partners, thus making them equal to registered life partnerships after they have been cohabiting for a minimum of 3 years. Croatia first recognized same-sex couples in 2003 through a law on unregistered same-sex unions, which was later replaced by the Life Partnership Act. The Croatian Parliament passed the new law on 15 July 2014, taking effect in two stages. Following a 2013 referendum, the Constitution of Croatia has limited marriage to opposite-sex couples.

Domestic partnerships were established in the state of Maine by statute in April 2004, taking effect on July 30, 2004. This placed Maine in the category of U.S. states that offered limited recognition of same-sex relationships, but not all of the legal protections of marriage, as Maine does not recognize common law marriages.

Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the rights offered to married couples within the state. Furthermore, since July 2009, these relationships are recognised at federal level, providing couples with almost all of the federal rights and benefits of marriage. The legislation came into effect on 1 January 2004. In September 2010, the Parliament of Tasmania approved legislation to recognize same-sex unions performed outside Tasmania as significant relationships.

<span class="mw-page-title-main">Same-sex relationship</span> Romantic or sexual relationship between people of the same sex

A same-sex relationship is a romantic or sexual relationship between people of the same sex. Same-sex marriage refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries where same-sex marriage does not.

The U.S. state of Colorado has provided limited recognition of same-sex unions in the form of designated beneficiary agreements since July 1, 2009, and as civil unions since May 1, 2013. Same-sex marriage was legalized on October 7, 2014.

Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.

<span class="mw-page-title-main">Same-sex marriage and the family</span>

Concerns regarding same-sex marriage and the family are at the forefront of the controversies over legalization of same-sex marriage. In the United States, about 292,000 children are being raised in the households of same-sex couples. Concern for these children and others to come are the basis for both opposition to and support for marriage for LGBT couples.

The topic of same-sex unions and military service concerns the government treatment or recognition of same-sex unions who may consist of at least one servicemember of a nation's military.

Law in Australia with regard to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As of April 2018 all Australian states and territories allow adoption by same-sex couples.

Until 2017, laws related to LGBTQ+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other.

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.

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

  1. ↑ Ratliff, S. (2011). "Adult Adoption: Intestate Succession and Class Gifts under the Uniform Probate Code" (PDF). Northwestern University Law Review. 105 (4).
  2. ↑ Healing Families Dismembered By Adoption.
  3. ↑ Mehrotra, Vikas; Morck, Randall; Shim, Jungwook; Wiwattanakantangd, Yupana (2013). "Adoptive Expectations: Rising Sons in Japanese Family Firms" (PDF). Journal of Financial Economics. 108 (3): 840–854. doi:10.1016/j.jfineco.2013.01.011. ISSN   0304-405X.[ permanent dead link ]
  4. ↑ "Keeping it in the family: Family firms adopt an unusual approach to remain competitive". The Economist. 1 December 2012. Retrieved 10 September 2015.
  5. ↑ "Adoption and Children Act 2002". legislation.gov.uk . Section 49 (4).
  6. ↑ "Article 1 Adoption - Adults, Section 14-1-101 "Adoption of Adults"" (PDF). Domestic Matters. Colorado Revised Statutes. Vol. Title 14. p. 1. Archived from the original (PDF) on 9 March 2016.
  7. ↑ "Article 5 Relinquishment and Adoption, Part 2 Adoption, Section 19-5-201 "Who May be Adopted"" (PDF). Children's Code. Colorado Revised Statutes. Vol. Title 19. p. 301. Archived from the original (PDF) on 11 October 2016. Retrieved 10 September 2015.
  8. ↑ "Adoption gave gay Fox Chapel couple legal stature; now it disallows them marriage". Pittsburgh Post-Gazette. Retrieved 20 November 2019.
  9. ↑ Green, Elon (19 October 2015). "The Lost History of Gay Adult Adoption". The New York Times. Retrieved 20 November 2019.
  10. ↑ Maree, Claire. "Sexual citizenship at the intersections of patriarchy and heteronormativity Same-sex partnerships and the koseki" (PDF). University of Melbourne. p. 194. Retrieved 20 November 2019.[ permanent dead link ]
  11. ↑ Green, Elon (19 October 2015). "The Lost History of Gay Adult Adoption". The New York Times. ISSN   0362-4331 . Retrieved 24 October 2021.
  12. ↑ Merin, Yuval (2010). Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States. University of Chicago Press. p. 196. ISBN   978-0-226-52033-9 . Retrieved 8 May 2020.


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