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Thread: Adoption of swanson

  1. #1
    chrisrs
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    Default Adoption of swanson

    ADOPTION OF SWANSON

    623 A.2d 1095 (1993)

    FACTS: Sorrels sought to adopt his companion of 17 years, Swanson Sorrels was 66 and Swanson was 51 They wanted to formalize their close emotional relationship and to facilitate estate planning The family court denied the petition as there was no existing parent child relationship between them This was appeal resulted

    ISSUE: Is the approval of an adult adoption contingent upon a preexisting family relationship1?

    RULE: The approval of an adult adoption is not contingent upon a preexisting family relationship

    HOLDING: (Moore, Justice) Is the approval of an adult adoption contingent upon a preexisting family relationship1? No A statute cannot be construed to produce an absurd, meaningless, or patently inane result This petition contemplates an adoption that is not only within the scope of the statute but which is also widely recognized as a proper exercise of the authority granted by the statute Reversed and remanded with direction to issue the petition

    LEGAL ANALYSIS: This is a great case because it portrays all the reasons for adult adoption, economic and inheritance rights but not for sexual favors The funniest rejected case is the one where in the older married man wanted to adopt his 20-year-old lover so he could get her into the will to the detriment of his wife and family So long as the purpose is not fraudulent, illegal, or patently frivolous adult adoptions are proper
    Last edited by chrisrs; 10-19-2011 at 12:46 AM. Reason: fix

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