Conversations on adoption, family, parentage and the law

What Adoption is not (or shouldn’t be)

You may have read about the Florida millionaire attempting to protect his fortune from a lawsuit by adopting his girlfriend, who is 42 years old.  According to media reports, as his legal child the girlfriend then becomes a beneficiary under a family trust set up for the benefit of his children.  As a result, the girlfriend/daughter can receive payouts from the trust, while the man’s creditors– including anyone with a court judgment against him– can’t touch the money, because it is held in trust for his children.

Could that happen here?  Should it be able to happen here?

The short answer to both questions is NO.  

First, B.C.’s Adoption Act  requires that if someone over the age of 19 is going to be adopted, the court must be satisfied that the person being adopted– the intended “child”–  actually lived with the person who wants to adopt them as a member of the family, and was supported by that person while still a child. The applicant must also convince the court that there is an acceptable reason for the adoption order to be made. 

Second, to allow such adoptions would be contrary to public policy and common sense, on many levels.

One objection is that adults adopting their lovers or spouses results in incestuous relationships, with possible criminal consequences– in some jurisdictions, the criminal definition of incest includes sexual relationships between persons related by adoption.  In addition, there is no roadmap for what should happen if the “parent” and “child” end their romantic relationship.  They can split up, but unless the “child” finds someone else to adopt him or her they will still be parent and child, with the legal and moral obligations to each other that stem from that relationship.  Estate law may give them inheritance rights and standing in an estate dispute.  And while it sounds like a stretch, in some jurisdictions they could face the possibility of parental support obligations.

This not what adult adoption laws are for.  Adoption  is about building family, not protecting people from creditors.

Bottom line– this is not what adoption laws are for.  Adult adoption is about building family, not protecting people from creditors.  In some places, adoption has occasionally  been used by same-sex couples to establish legal rights and protections for their partners, but it has been a tool of desperation utilized by couples with no other means of protecting each other.  Legal recognition of same sex relationships makes such well-intended use of adult adoption unnecessary.

Best of luck to the Florida millionaire and his girlfriend/daughter should they part ways.  Thankfully in BC we can just watch their drama from the sidelines, assured it won’t happen here.