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Adoption
Laws In Lebanon
Find Below some facts regarding the adoption through the
catholic Church in Lebanon:
The adoption is a ceremonial judicial agreement
concluded between two persons and shall create civil relations
between them for legitimate paternity and filiation.
The adoption is only allowed for the rightness
reasons
and for the benefit of the adopter, after confirmation
of
the good discipline of the adopter, with reserve to the provisions
of the following:
Each secular person, a man or a woman, exceeding the
fortieth of his/her age, shall have the right of adoption provided
that he/she shall not have legal offspring during the adoption,
and to have the age of eighteen years old more than the adopted
person, under the responsibility of voidness.
The adopter who wants to adopt a Catholic person
shall be Catholic, but this shall not absolutely require the rite
unity.
The adopted person could not be adopted by more than
one adopter unless if he was adopted by one couple.
Any of the two spouses could not adopt without the permission of
the other one; except the permanent abandonment situation or the
presence of one of them in an impossible situation to show the
opinion. However, in this last situation, the bishop shall
give his approval.
1-For the good adoption of the minor, he shall approve on the
procedure, his parents or the one living of them or
the guardian of the minor, in case his parents were separated due
to permanent abandonment or annulment of the marriage.
2-In case they were either dead or they cannot show their
opinion, then the Metropolitan of the Eparchy shall replace them.
3-In all the cases, the adopted shall have the
right to ask from the Tribunal, during one year of being adult, to
cancel his adoption, and the Tribunal shall respond to his request
.
Shall be void and with no value the following:
A-The parents’ adoption to their illegal children.
B-The adoption of the custodian to the one under his custody, and
the keeper to the one under his safekeeping, and the one
responsible of the management of his money, in case these persons
were not definitively free and an accounting takes place before
the court.
The adopted person shall have the family name of his
adopter, and he shall also have the rights and the obligations
regarding his father as if he was his legal son with reserve to
the provisions of the following:
The adopted person shall remain a member of his
original family, with all the rights and the obligations towards
the same. However, the parent authority rights shall be restricted
to his adopter in case he was still alive or enjoying capacity. On
his death or if he lost his capacity, then he shall be replaced
with the father of the adopter or his agent.
The original parents shall not be obliged to pay the
pension to their adopted son, unless the adopter could not deliver
the same.
1- If the adopter was dead without any descendants or offspring,
then the adopted person shall inherit as if he was the legal son
of the adopter.
2- If the adopter has descendants or offspring or sisters, then
the adopted person shall inherit half of the legal son
inheritance.
1- If the adopted person was dead without having legal
descendants, he shall return what he received for the adopter to
him or to his heirs. His other funds shall be distributed to his
legal inheritors by virtue of public law.
2- The adopted’s right regarding the adopter’s inheritance shall
be transferred to his descendants only, and shall be restricted to
the adopter’s personal legacy. The adopted and his descendants
shall not have any right in the legacy of the adopter’s parents or
family.
The right adoption shall create a legal family
relationship that abstain the marriage between:
A-The adopter and the adopted person and his descendants.
B-The adopter and his children born after the adoption process.
C-The adopter and his spouse and between the adopter and the
spouse of the adopted person.
D-The adopted children by one adopter.
The adoption shall only be executed by virtue of a
resolution issued by the ecclesiastic Tribunal ratified by the
Metropolitan of the Eparchy.
The legitimate Tribunal authorized to decide the
adoption shall be the Tribunal of the adopter’s residence.
However, if the adopted person was minor, then the Tribunal of his
residence shall have the right to do so also.
In all the cases,
the Tribunal and before issuing its resolution shall listen to the
declaration of the justice agent, and shall take into
consideration the opinion of the adopted person’s parents even if
he was old.
1- The adoption shall be cancelled for dangerous reasons and with
judicial judgment issued by the Tribunal after listening to the
justice agent.
Shall be considered dangerous reasons that allow the
cancellation of the adoption, the situation when the adopter
misdeals the adopted person or vice-versa, when one of them shall
cause moral or big financial damages, or when one of them behaves
badly or shall leave the Catholic rite or else.
The right of filing the adoption cancellation
lawsuit shall be restricted to the adopted person and the adopter
only.
However, if the justice agent agreed that one of them can
cause damage to the other or to his family or that he shall
morally abstain him from the use of his freedom, then he shall
also have the right to file the same.
1-The judgment to cancel the adoption shall eliminate all the
effects related to this situation starting from the date of its
execution.
2-In both cases of the issuance and the cancellation of the
adoption, the Tribunal shall notify this to whom necessary in
order to register the same next to the adopted person’s register
in the baptism registers and in the civil census registers.
The adoption held in countries not having any
specialization to the ecclesiastic Tribunals, shall
be ruled according to its rightness or its cancellation according to
the laws of these countries.
Contact
Mattar law firm
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