Can A Biological Child Get Married To An Adopted Child Of The Same Or One Of The Same Parents?: Lawyer Answers

By Jimmy Abia, ESQ.

The implication of an Adoption Order is that all legal ties with the biological family are severed and transfered to the adoptive family. The child therefore becomes a full member of the adoptive family; is entitled to take their surname, and assumes the same rights and privileges as if he is a biological child of that family.

This includes the right of inheritance. The adopted child inherits on the intestacy of the adopter.

The implication of this new state of affairs is that a relationship of consanguinity is created between the adopter and the adopted child. Such a relationship is equally created between an adoptee and a natural child of the adopter.

As a consequence of the foregoing, Section 147 of the Child Rights Act prohibits marriage between an adopter and the adopted child. Similarly, marriage between the natural child of the adopter and the adopted child is prohibited and will be null and void, because the effect of adoption order is to create a relationship of same equivalence as blood relationship between them.

For consanguinity, it will not matter that only one of the spouses adopted the child. The adopted child will be in a consanguineous relationship with the other spouse. Such is the effect of combinative reading of the 1st Schedule to the Matrimonial Causes Act, 1970 (now Cap M7) and Section 147 of the Child Rights Act.