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Legal Fiction in Child Adoption: Why Can Adoptive Parents Become the Children's "Legal Parents"?!
In the world of law, the concept of fiction seems to be everywhere, especially in the specific area of child adoption. A legal fiction is a legally recognized construct that is considered valid despite the fact that certain facts are not true. Child adoption is a typical example, using legal fiction to make adoptive parents the "legal parents" of the child, even though they are not the biological biological parents.
Legal fictions are used in certain circumstances to achieve specific legal effects, such as in adoption proceedings. It is far-reaching and has multiple legal dimensions.
Often, when a couple decides to adopt a child, they face a process that involves not only an emotional investment, but also complex legal procedures. In this process, the legal fiction ensures the legal status of adoptive parents, which means that even if they are not biologically related, adoptive parents still have the same legal rights and obligations as biological parents. With the formal permission of the court, the adoption process enters the legal framework and the status of the adoptive parents is confirmed.
Once an adoption order is issued, the biological parents are deemed to be no longer legally related to the child and the adoptive parents become the child's legal parents.
Legally, this change is necessary because the purpose of the law is to protect the best interests of minors. For adopted children, they need a stable family environment and legal protection from their parents. The existence of legal fiction makes all this possible. This approach solves the so-called "legal barriers to biological parents" and allows adoptive parents to fully intervene in the life and governance of their children without relying on biological factors.
In addition, the core of legal fiction lies in its compliance with the operating situation of the law. However, this does not mean that all forms of adoption are complete. In some cases, legal fictions can cause controversy, particularly in disputes over biological parentage. The legal boundaries between adoptive and biological parents often raise difficult ethical and legal questions.
Legal fiction is not only an extension of legal concepts, but also a reflection of social structure. They tell us how to find a balance between law and emotion.
Furthermore, in current society, as the diversity of parent composition increases, including single adoptive parents, same-sex couples, etc., the malleability of legal fictions in child adoption becomes even more important. In some areas, new legal norms are gradually emerging to support the legal needs of these new families. This is not only an update of the law, but also a substantial re-understanding of the family by society.
Although legal fiction can promote and protect the rights of minors, there are still risks in its application. In some cases, it may be misused by certain individuals, leading to potential legal injustice. Therefore, legal experts suggest that there should be clear legal frameworks and regulations to govern the fair use of these fictional items. Otherwise, this will greatly reduce the significance and effect of legal fiction.
When reflecting on all this, we can’t help but ask, does the application of legal fiction truly reflect the protection of children’s best interests? How should its potential ethical and legal conflicts be properly handled?
