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Same-sex Adult Adoption
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. Underlying reasons Before the legalisation of same-sex marriage, adult adoption was used to formalise same-sex relationships. The reasons associate ...
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Adult 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 natural families. In Japan, adult adoption may be used in order to facilitate the continuance of a family business. This form of adoption is known as ''mukoyōshi'' ("son-in-law adoption"). Adult adoption may also be used in some jurisdictions by same-sex couples in order to establish inheritance rights. 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 ...
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Legal Status Of Same-sex Marriage
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article. Civil recognition Global summary Same-sex marriage is legal (or will soon be legal) in the following countries: Opinion polls Africa South Africa is the only African country that legally recognizes same-sex marriage. South Africa In December 2005, in the case of ''Minister of Home Affairs v Fourie'', the Constitutional Court of South Africa ruled unanimously that bans on same-sex marriage were unconstitutional. The Court gave Parliament of South Africa, Parliament one year to change the laws, or same-sex marriage would be legalized by default. In November 2006, Parliament passed the Civil Union Act, 2006, Civil Union Act, under which both same-sex and opposite-sex couples may contract unions. A union under the Civil Union Act may, ...
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Same-sex Marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Same-sex marriage in Mexico, Mexico, constituting some 1.35 billion people (17% of the world's population). In Same-sex marriage in Andorra, Andorra, a law allowing same-sex marriage will come into force on 17 February 2023. Same-sex adoption, Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. ...
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LGBT Adoption
Same-sex adoption is the adoption of children by Same-sex relationship, 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 (stepchild adoption). Joint adoption by same-sex couples is permitted in most countries and territories that allow same-sex marriage, as well as in several countries and dependent territories that do not: namely Croatia, Israel, Liechtenstein, Bermuda and the Cayman Islands. (In some of the countries with marriage, legislation for adoption preceded that for marriage.) However, only stepchild adoption is permitted in Taiwan (though since 2022 there is court precedent for joint adoption), and not even that is allowed in Ecuador, which has a constitutional ban. Adoption is only permitted for same sex married couples in 21 of the 31 Mexican states and Mexico City, despite a Supreme Court ruling that requires states to allow it. Stepchild adoption is permitted for same-sex c ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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Obergefell V
''Obergefell v. Hodges'', ( ), is a List of landmark court decisions in the United States, landmark LGBT rights in the United States, LGBT rights case in which the Supreme Court of the United States ruled that the Fundamental rights in the United States, fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment of the Constitution. The 5–4 ruling requires all U.S. state, fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to ''Obergefell'', same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the Same-sex marriage in the District of Columbia, District of Columbia, a ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of " ...
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Testator
A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Mirza Ghulam Ahmad, Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjective, adjectival form of the word is testamentary, as in: # Testamentary capacity, or mental capacity or ability to execute a will and # Testamentary disposition, or gift made in a will (see that article for types). # Testamentary trust, a trust (law), trust that is created in a will. * A will (la ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Adoption And Children Act 2002
The Adoption and Children Act 2002 is a law that allows unmarried people and same-sex couples in England and Wales to adopt children. The reforms introduced in the Act were based on a comprehensive review of adoption and were described by ''The Guardian'' as "the most radical overhaul of adoption legislation for almost 30 years". The Act also allows for the introduction of special guardianship, a legal status that allows for a child to be cared for by a person with rights similar to a traditional legal guardian, but without a requirement for absolute legal separation from the child's birth parents. Special guardianship provisions were passed into law by statutory instrument in 2005 and came into force in 2006. The Act also introduced a procedure to allow people to trace relatives given up for adoption through an intermediary if both persons are over 18. An equivalent Act was passed in Scotland in 2007. See also * Same-sex adoption in the United Kingdom References {{Reflist ...
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Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.Wechsler (1952)Dubber (2015, pp. 7-10). The ALI performed an examination of the penal system in the U.S. and the prohibitions, sanctions, excuses, and authority used throughout in order to arrive at a cohesive synthesis to the extent possible, and the best rules for the penal system in the United States. Primary responsibility for criminal law lies with the individual states, which over the years led to great inconsistency among the various state penal codes. The MPC was meant to be a comprehensive criminal co ...
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