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Adoption and Children Act 2002
Tue, 25 Jul 2006 16:49:36 -0400
alt.talk.royalty
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vanderdecker...
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The Act states that "An adoption does not affect the descent of any
peerage or dignity or title of honour."
Does anyone know what this means for the adopted child of a peer where
that child is the *only* child (natural-born or otherwise)?
the_verminator...
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It means that a adopted child can never be heir to a peerage- unless of
course it was heir thru its natural father or mother and was given up
for adoption; in that particular case it is heir to the peerage in
spite of the adoption.
vanderdecker...
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So, in a case where the adopted child is the only child, the title
reverts to the crown or some such thing?
(Gary Holtzman) garyholtzman...
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If there is no eligible heir the title becomes extinct, even if there are adopted
children in the family. In the case of most peerages, the title becomes extinct
even if there are females in the family, but no eligible heir.
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At least that's how I understand it.
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Candide...
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Simply it means for all intensive purposes the adopted child has no
rights of inheritance regardless if he/she is the only child or has
siblings.
The act merely spells out what has been law and or written into Letters
of Patent for ages, in order to inherit a child must be the issue of a
peer's body and his (or her) lawful spouse.
There is nothing stopping a monarch (or more accurately his/her
government) from granting a peerage that fells into abeyance due to lack
of a legal heir to a peer's adopted child. However a long period
probably would have to pass to give a chance for any legal lateral heirs
to surface.
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