State v. Sharon H.
Superior Court of Delaware
429 A.2d 1321 (Del. Super. 1981)
Sharon H. (defendant), adopted as an infant, married Dennis H. (defendant), her half-brother by blood who shared their birth mother but had a different father; Dennis grew up in state-run programs. The two were arrested for violating Delaware's statute prohibiting marriage between blood relatives, including half-siblings. At trial, Sharon argued her adoption had legally eliminated any tie between her and Dennis, and that Delaware's sealed adoption records barred any inquiry into her adoption's circumstances; the trial court agreed and dismissed the charges, and the state appealed.
Whether a state adoption law that severs legal ties from an adoptee's natural parents has any effect on a consanguinity statute prohibiting marriage between blood relatives in ascending or descending lines.