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Marrying an adopted relation?

  • 21-07-2009 5:02am
    #1
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭


    I don't know why I ponder these things but I've yet another legal question. :)

    Supposing Barry aged 16 lives at home with his parents.
    For some reason, the parents decide to adopt a child, they take in Ann, we'll say aged 13.
    She was an orphan and no family to take care of her. Parents killed in a horror crash on the M50.

    So Ann and Barry are brother and sister now and grow up and go off to college or working after their Leaving Cert.

    But then Ann and Barry decide to get together and one day get married.

    Is this legally allowed?
    Now afaik in Ireland you can marry your 1st cousin but not a closer relation then that.
    Are Ann and Barry now legally brother and sister and now barred from getting married?


Comments

  • #2
    Princess Consuela Bananahammock
    Registered Users, Registered Users 2 Posts: 33,754 ✭✭✭✭Princess Consuela Bananahammock


    As far as I know, yes - she's not a blood relation.

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • #3
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    Ikky Poo2 wrote: »
    As far as I know, yes - she's not a blood relation.

    Actually some of the "Prohibited Degrees of Kindred and Affinity" for marrage include "non-blood" relationships like (for women)
    • Husband’s grandfather
    • Husband’s father’s brother
    • Husband’s brother’s son.
    • Brother’s daughter’s husband
    • Daughter’s husband

    Full details here.

    There was a supreame court challange to this a while back, so might be changing...


  • #4
    the_wheel_turns
    Closed Accounts Posts: 102 ✭✭the_wheel_turns


    mikemac wrote: »
    Are Ann and Barry now legally brother and sister and now barred from getting married?

    Yes, they are prohibited by Irish law - they would be unable to legally enter a marriage.

    Although no 'blood' ties can be connected by the formulation of an adoption, legal ties are most certainly created. For example, if the parents of Ann and Barry died, both would ordinarily be entitled to equal shares of the estate, as, legally, they are siblings.

    You could apply to Court to sever the adoption - that would be the only option available to Ann and Barry if they wished to marry.


  • #5
    jhegarty
    Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    GerardKeating wrote: »
    [*]Husband’s grandfather
    [*]Husband’s father’s brother
    [*]Husband’s brother’s son.

    Silly question , but don't you already need to be married for any of those relationships to exist ?


  • #6
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    jhegarty wrote: »
    Silly question , but don't you already need to be married for any of those relationships to exist ?

    Or widowed ....


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  • #7
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Section 24 of Adoption Act 1952
    http://www.irishstatutebook.ie/1952/en/act/pub/0025/sec0024.html#zza25y1952s24

    Legally they are considered as if they were born brother and sister.

    Therefore they are within the the prohibited degree of consanguinity and can not marry.


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