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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A and B are a married couple who petition in the trial court to adopt their 9-year-old ward, M, whom they have cared for since infancy after she was found abandoned with unknown parentage. A paternal grandmother objects to the adoption, arguing that it would erase M’s bloodline and deprive her of potential inheritance from M. A social welfare report recommends adoption, and the court grants the petition after welfare evaluation. The grandmother appeals. (a)Is the consent of the birth parents required for this adoption, given M is a foundling with unknown parents? Under what conditions may the petition be granted if no consent can be obtained? (b)What is the effect of a final adoption on M's filiations and inheritance rights, particularly as between M, A and B, and the paternal grandmother?

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The grant of adoption automatically terminates all legal ties to any guardian or custodian previously appointed, including the paternal grandmother’s status as custodian. Adoption can proceed only if the adoptive couple adopts a male child; gender is a controlling factor in adoption petitions and the present case would be void if M were female. Consent of the birth parents is not required for this adoption because M is a foundling with unknown parentage and is under 10; the petition may proceed provided the social welfare report shows the home is suitable and the adoption serves M’s best interests. Upon final adoption, M becomes the legitimate child of A and B, severing filiations with the birth relatives (including the paternal grandmother), with M gaining inheritance rights from A and B and having no automatic right to inherit from the birth relatives unless provided by a will. Consent of the adoptee is required since M is 9 years old; the petition may proceed only if M consents, and without M’s consent the court must dismiss the case. Even with consent, filiations to the birth relatives are not severed.

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