Adoption - Definition - Law Dictionary Home Dictionary Definition adoption

Definition :

Adoption, an act by which a person adopts as his own the child of another. Until recently there was no law of adoption in this country though it exists in other countries, as France and Germany, where the civil law (as to which, see Sand. Just.) prevails to any great extent. In 1889 and 1890, Lord Meath introduced Bills in the House of Lords to legalize adoption.

By the (English) Adoption of Children Act, 1926 (16 & 17 Geo. 5, c. 29), after the 31st December, 1925, the Court (usually in the Chancery Division) may authorize the adoption of an infant who is under twenty-one years of age, a British subject, and resident in England and Wales, by an applicant who is more than twenty-five years of age, and also twenty-one years older than the infant, unless closely related, and a British subject, resident and domiciled in England or Wales, but a single adopter, only, will be authorized unless two spouses jointly apply. A male may not adopt a female infant unless the court finds special reasons.

The consents of the parents and guardians (if any) and of any other persons having the custody of, or liable to contribute to, the support of the child, are required, and one of two spouses may not apply without the consent of the other, but the Court may dispense with any of these consents in the special circumstances provided for by the Act.

The Court may impose terms and require the adopter to make and secure such provision for the adopted child as the Court thinks fit. Probationary adoptions not exceeding two years may likewise be authorized, and if the infant had been maintained and in the custody of the proposed adopter for at least two years before 1926, the Court may dispense with the consents referred to. No money or reward may be paid to any adopter, parent or guardian without leave of the Court and no other person may give any such money or reward. The effect of the order is to place the adopted child for all purposes except as mentioned below in the position of a child as if born to the adopter in lawful wedlock, inter alia in regard to custody, maintenance and education, appointment of guardians or consent or marriage, and the child assumes the same relation to the adopter, e.g., in regard to liability for the latter's maintenance, and natural parents are deprived permanently of their parental rights, and are required to acknowledge the fact.

In regard to property, however, under any disposition or an intestacy the child retains his status as a child of his or her own parents and does not acquire any right or interest as a child of the adopter. The death duties in respect of any interest in property under any disposition of the adopter and vice versa are leviable as if the child had been born to the adopter in lawful wedlock. See DEATH DUTIES,INTESTACY.

The adoption of children is not recognized by the Common Law of Scotland, but the (English) Adoption of Children (Scotland) Act, 1930 (20 & 21 Geo. 5, c. 37), provides that upon an application of any person desirous of being authorized to adopt a child, the Court of Session or the Sheriff Court may in certain circumstances make an adoption order authorizing the adoption. Applications are made to the Court within whose jurisdiction the child resides at the date of application, and are heard in camera.

For the Ronan Law, as altered by Justinian, see Sand. Just.

Adoption is much practised amongst the Hindus, and in the United States of America there are State laws regulating it, Chamb. Encycl.

Except as provided by the (English) Adoption of Children Act, 1926, in English Law any renuncia-tion by parents of their legal rights and liabilities in favour of an adopter is a mere empty form; however desirable an adoption may be, and however solemnly consented to by the parents, it may be cancelled by them, and the adopted children restored to the parents, unless they be legally unfit to have the custody of the children; see (English) Custody of Children Act, 1891 (54 & 55 Vict. c. 3), s. 3. A contract by the mother of even an illegitimate child for the transfer to another person of the rights and liabilities of the mother in respects of the child is invalid, Humphreys v. Polak, (1901) 2 KB 385; Reg. v. Walker, (1912) 28 TLR 342 (375).

See Geary on Marriage and Family Relations, and Law Reform (Misc. Prov.) Act; 1934, s. 2.

Adoption of Poor Child.--Sometimes benevolent persons apply to County or Borough Councils, formerly boards of guardians, to be permitted to adopt children from the workhouse whose parents are unknown. Though there is no legal objection to the authorities giving up the possession of the children under such circumstances, they should satisfy themselves that it is for the child's advantage before consenting to it, Glen's Poor Law Orders. See now the (English) Poor Law Act, 1930 (20 & 21 Geo. 5, c. 17), s. 52.

In Family Law, means the statutory process of terminating a child's legal rights and duties towards the natural parents and substituting similar rights and duties toward adoptive parents, Black Law Dictionary, 7th Edn., p. 50.