Measuring the Distance Between Parentage and Adoption

Project period: 2025-2027

Societies historically have opted to create legally recognized kinship relationships in one of two ways: either through parentage or adoption. The pattern, already apparent in Roman law, found its way into the modern codifications of Continental Europe, common law legal orders, and other bodies of law. However, what exactly is it that a given legal order attaches to the distinction between parentage and adoption? What is the basis for this dualism, how did it develop, and what is the object of insisting on the defense of two parallel institutions for establishing kinship? This research seeks answers to these questions as they arise in German law. The distance between the doctrines of parentage and adoption will be measured, and what emerges is that the respective underlying concepts have converged in several essential ways since 1900. This convergence presents an opportunity to consider whether adoption and parentage might be subsumed under a single, unified legal institution. These studies may also help advance our thinking in terms of decategorizing family law.