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Simple English definitions for legal terms
de facto adoption
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A quick definition of de facto adoption:
De facto adoption is when someone becomes a parent to a child even though they are not related by blood. This happens when a court decides that the child has been abandoned or is an orphan, or when the parents' rights have been taken away. The court then creates a legal parent-child relationship between the child and the adoptive parents. This means that the adoptive parents have all the rights and responsibilities of a biological parent. De facto adoption is different from fostering or legitimation, which is when a child is made legitimate by a parent related by blood.
A more thorough explanation:
De facto adoption is a legal term that refers to the creation of a parent-child relationship between two parties who are not related by blood or marriage. This relationship is established by a court order and gives the adoptive parents all the rights, privileges, and responsibilities of a biological parent.
De facto adoption is usually granted when a child is orphaned, abandoned, or when the biological parents' parental rights have been terminated by a court order. It is different from legitimation, which refers to the act of establishing a legal relationship between a child and their biological parent.
For example, if a couple takes in a child and raises them as their own, but without going through the formal adoption process, they may be considered the child's de facto parents. In this case, the court may grant them legal rights and responsibilities as if they were the child's biological parents.
Another example of de facto adoption is when a step-parent takes on the role of a biological parent and raises the child as their own. In this case, the court may grant the step-parent legal rights and responsibilities as if they were the child's biological parent.