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Child adoption laws

Child adoption laws allow for a person to permanently assume the role of a child's parent from the child's biological or legal parent, effectively transferring all rights and responsibilities associated with being a parent. This process is usually initiated when the biological or legal parents are unable or unwilling to care for the child. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, Child adoption law either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption; where others have tried to achieve adoption through less formal means, notably via contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation. Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations.

Adoption for the well-born

Adoption for the well-born

Adoption has been around for much longer than most people realize - with the first recorded instances appearing in the Code of Hammurabi and the Codex Just in. In ancient Rome, Adoption was often used as a tool to maintain social order - with wealthy families adopting children from poorer families in order to keep them from becoming a burden on society. While the modern form of adoption is somewhat different, the idea that it is used as a way to help children in need is still very much the same. Ancient adoption practices were focused on the adopter's political and economic interests, providing a legal way to strengthen ties between families and create male heirs. The aristocracy's use of child adoption law is well-documented; many of Rome's emperors were adopted sons. Adrogation was a type of Roman adoption that required the adopter to be at least 60 years old.

Adoption and commoners

Adoption and commoners

After the fall of the Roman Empire, the cultures that came to dominate Europe denounced the practice of adoption. In medieval society, bloodlines were of the utmost importance; if a ruling dynasty didn't have a “natural-born” heir, they would be replaced. This was a stark contrast to Roman tradition. The evolution of European law reflects this change in attitude towards adoption. For instance, English Common Law did not allow for adoption since it went against the customary rules of inheritance. The Napoleonic Code, which was put into place in France, made adoption more difficult by requiring adopters to be over the age of 50, sterile, and at least 15 years older than the person they were adopting. Although some adoptions still continued to happen, they became more informal and based on contracts. For example, in 737, three adoptees were made heirs to an estate in a charter from the town of Lucca. The agreement, like other similar arrangements at the time, placed the emphasis on the responsibility of the adopter rather than the adoptee. It focused on the fact that, under the contract, the adoptive father was responsible for caring for the adoptee in his old age; an idea that is similar to conceptions of adoption under Roman law.

Forms of adoption

Forms of adoption

Open or closed adoptions are the two main types of contemporary adoptions. Open adoption usually allows for communication between the adoptive and biological parents, as well as potential interaction between extended family members and the adopted person. In some cases, it is the result of laws that grant an adoptee access to their unaltered birth certificate and/or adoption records. However, this type of access is not always available (it is possible in a few jurisdictions—including the UK and six states in the United States). Open adoption is an arrangement in which the adoptive parents have sole custody of the child, but the biological parents may still visit or exchange information. In some cases, these arrangements are legally binding. As of February 2009, 24 U.S. states allow for legally enforceable open adoption contract agreements.



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