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- Publisher
- Oxford University Press
- Copyright
- © 1990 by The American Association for the Comparative Study of Law, Inc.
- ISSN
- 0002-919X
- eISSN
- 2326-9197
- DOI
- 10.2307/840102
- Publisher site
- See Article on Publisher Site
Abstract
TAIMIE L. BRYANT The creation of fictive kinship ties through adoption is one of the oldest and most important mechanisms for modifying family composition. Informal adoption has been widely used throughout history because it permits temporary shifts in family composition in order to meet special needs for labor or care of children, the ill, or the elderly. Formal adoption through state authorized procedures is used to receive official recognition and enforcement of the adoption; th e adopted person's legal nexus of rights and responsibilities changes from the previous family to the adoptive family. While it is extremely difficult to ascertain the actual rates of in formal adoption in different societies, formal adoptions can be counted because they involve legal procedures. When different soci eties are compared with respect to use of formal adoption proce dures, Japan emerges as a country with a very high rate of legally effected adoption. A simple explanation is that the legal benefits that flow from formal adoption in Japa n are sufficiently great to off set the disadvantages associated with the assumption of the corre sponding legal duties. However, this explanation fails to capture the TAIMIE L. BRYANT is Acting Professor of Law, University
Journal
American Journal of Comparative Law – Oxford University Press
Published: Apr 1, 1990