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In re Adoption of Swanson

Supreme Court of Delaware

623 A.2d 1095 (1993)

Family Law
Relevant factsFree

Sixty-six-year-old Richard Sorrels (plaintiff) petitioned to adopt his 51-year-old, 17-year companion James Swanson to formalize their relationship and facilitate estate planning; the family court denied the petition, reasoning on its own that adult adoption required a preexisting parent-child-type relationship, which it found absent here, despite the state's adult-adoption statute imposing no such requirement.

IssueFree

Whether a trial court may require a preexisting parent-child relationship for the adoption of one adult by another when no such condition exists in an otherwise clear and unambiguous adult-adoption statute.

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Hollis v. Hollis427 S.E.2d 233 (Va. Ct. App. 1993)In re Adoption of F.H.851 P.2d 1361 (1993)Hardy v. Hardy429 S.E.2d 811 (1993)Johnston v. Johnston22 Cal. Rptr. 2d 253 (Cal. Ct. App. 1993)In re Interest of B.G.C.496 N.W.2d 239 (1993)