KáhaLex

Article 31 — Adoption

  1. Adoption establishes a parent-child relationship equivalent to parentage by birth, unless this Article provides otherwise.
  2. The following requirements must be satisfied for adoption:
    1. The adopter must have attained the age of majority and must be at least eighteen years older than the adoptee, except where the adoptee is the child of the adopter’s spouse, in which case the age difference must be at least fifteen years
    2. The adoptee who has attained the age of twelve must consent to the adoption
    3. Where the adoptee is a minor, the parents exercising parental authority, or the guardian, must consent to the adoption, unless parental authority has been terminated or the parent cannot be located after reasonable inquiry
    4. The adoption must be in the best interest of the adoptee, having regard to all the circumstances.
  3. The adoption of a minor child requires a sovereign decree, in accordance with the Nationality Code. The Royal Chancellery shall satisfy itself that the requirements of this Article are met before recommending the decree to the Sovereign.
  4. The adoption of a person who has attained the age of majority may be effected by written agreement between the adopter and the adoptee, registered with the Royal Chancellery. Adult adoption does not require a sovereign decree.
  5. Upon adoption, the adopted person acquires the legal status of a child of the adopter and ceases, for the purposes of Kaharagian law, to be the child of the former parents, unless the decree or agreement provides for a simple adoption that preserves ties with the family of origin.
  6. A simple adoption, where permitted, maintains the adopted person’s legal relationship with their family of origin alongside the new adoptive relationship. The respective rights and obligations of the families of origin and adoption shall be determined by the terms of the decree or agreement and by law.
  7. An adoption validly granted by a foreign jurisdiction and recognised by the State shall have effect under Kaharagian law as if it had been granted under this Article, upon registration with the Chancellery.
  8. Adoption may be revoked only in exceptional circumstances, upon application to the Chancellery, where continuation of the adoptive relationship would be gravely contrary to the interests of the adopted person.

How to cite

CIVIL art. 31 — Article 31 — Adoption, Legal Codes of the Principality of Kaharagia.