Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec:

Filiation is the relationship which exists between a child and the child’s parents, whether the parents are of the same or the opposite sex. The relationship can be established by blood, by law in certain cases, or by a judgment of
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
. Once filiation has been established, it creates rights and obligations for both the child and the parents, regardless of the circumstances of the child’s birth.

Filiation differs from, but impacts, both parental rights and

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...

. An example of law regarding filiation is found in the Civil Code of Quebec, Book 2, Title 2 "Filiation", which details how filiation may be established, claimed, and transferred.

Filiation and adoption

When an

adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...

takes place under the laws of the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

, and the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

, a complete transfer of filiation takes place. A standard example in U.S. adoption law is seen in the

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

State Code:

8616. After adoption, the adopted child and the adoptive parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.

In other nations, a form of "incomplete adoption" may allow filiation with the biological family to remain. An example of this is in French law, where two types of adoption exist: ''adoption plénière'', where filiation is completely transferred, and adoption simple in which filiation to the adopting parents is added to, but does not replace, filiation with the biological family. The legal transfer of filiation is evident in cases where adult adoptees have legally terminated their adoptions, resulting in filiation restored to their biological families. One example of this is the Satnam Parmar Adoption Termination Act (1990) that was passed in the provincial legislature of

Alberta Alberta is a Provinces and territories of Canada, province in Canada. It is a part of Western Canada and is one of the three Canadian Prairies, prairie provinces. Alberta is bordered by British Columbia to its west, Saskatchewan to its east, t ...

, Canada. Parts 2 and 3 of this Act state:

2 Satnam Parmar is hereby declared not to be the lawful child and heir of either Swarn Singh Parmar or Amarjit Parmar, and not to have any rights of inheritance from Swarn Singh Parmar or Amarjit Parmar that might otherwise devolve on him by law.

3 The filial relationship which existed between Satnam Parmar and his natural parents, Balbhadar Singh Parmar and Charan Kaur Parmar, prior to the Adoption Order, is hereby restored.

Another instance involving the legal transfer of filiation in adoption occurs in cases where adult adoptees and their biological families restore their original filiation via adult adoption.Healing Families Dismembered By Adoption

References

{{Reflist Kinship and descent Family law Adoption law

Filiation and adoption

See also

References