ABSTRACT

This chapter addresses two types of non-core family concepts: adult adoption and adoptive incest. The strong public controls over every step of an adult adoption from the decision on whether to award the adoption itself to the determination of the ultimate property results of the adoption need to be visited, and visited quickly. If a court or legislature addressing adult incest is primarily interested in negative eugenics, then ironically, adult homosexual incest may be protected because the secular justification for precluding heterosexual incest is not present in regard to homosexual incest. Most American courts that have been faced with the adoption petitions of lovers have acceded to the petition and not looked at the underlying relationship between the partie. Consistently, incest has received precious little attention from scholars throughout American history, with the non-core incest subcategory of adopted relationships receiving even less.