# Sealed adoptions invalidating marriages? **URL:** \ **Category:** Factual Questions\ **Created:** [January 27, 2017, 7:21am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304 "2017-01-27T07:21:12Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [January 27, 2017, 7:21am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/1 "2017-01-27T07:21:12Z")
Or, A Close Melodrama: Prose and Consanguinity. Let’s say an infant is adopted in a closed adoption. The blood parents are not known to the child, and they do not want to be known to the child. However, the child grows up and ends up marrying someone who looks… funny. Everyone around the now-grown child agrees that the marital partner looks… funny. A judge agrees that something looks… funny, so the adoption records are unsealed. That until-now secretive family didn’t adopt out _all_ of their children, and they stayed in the area. Assuming the area is Oklahoma, [where marrying or having sex with someone you’re too closely related to to validly marry is a crime punishable by up to ten years in prison](http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69416), is this kind of ignorant incest, incest without malice aforethought, really subject to punishment? Obviously, the marriage cannot exist, which raises the question of what happens to any children thus far produced… another sealed adoption? ---
**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\ **Post date:** [January 27, 2017, 8:00am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/2 "2017-01-27T08:00:42Z")
There doesn’t seem to be strict liability attached, so I assume the lack of intent to commit incest would be enough to get these people off the hook. Not sure what problem you perceive wrt to the children. Valid marriage or not, their parents are still their parents. There’s no reason why they should be adopted out. Also, this situation [actually happened](http://www.standard.co.uk/news/shock-for-the-married-couple-who-discovered-they-are-twins-separated-at-birth-6682411.html). ---
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [January 27, 2017, 8:04am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/3 "2017-01-27T08:04:01Z")
There was a case in Spain, in Galicia: a married couple, both adopted, who discovered they were biological siblings. They already had children by the time they found out. The marriage wasn’t annulled (it could have been at the request of either of both, but the state wouldn’t do it _de oficio_ without their agreement); at the time of the interview I read they were still trying to wrap their heads around the whole situation. ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [January 27, 2017, 10:08am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/4 "2017-01-27T10:08:01Z")
> [@Nava](#): > > There was a case in Spain, in Galicia: a married couple, both adopted, who discovered they were biological siblings. They already had children by the time they found out. > > The marriage wasn’t annulled (it could have been at the request of either of both, but the state wouldn’t do it _de oficio_ without their agreement); at the time of the interview I read they were still trying to wrap their heads around the whole situation. That’s interesting. I didn’t think the marriage would be legally possible, so I’d have thought it would behave like a void contract: Not _voidable_, but born void, and therefore a nullity from day one, retroactively. You know, like a contract to buy drugs illegally, or a contract to murder someone. > [@clairobscur](#): > > There doesn’t seem to be strict liability attached, so I assume the lack of intent to commit incest would be enough to get these people off the hook. This seems like the humane option, but the Oklahoma statute doesn’t mention intent one way or the other, and law is not always humane. > [@](#): > > Not sure what problem you perceive wrt to the children. Valid marriage or not, their parents are still their parents. There’s no reason why they should be adopted out. No _reason_, but I expected the _revulsion_ to kick in a lot stronger than it did. ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [January 27, 2017, 10:29am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/5 "2017-01-27T10:29:56Z")
In the UK a [similar marriage](http://www.standard.co.uk/news/shock-for-the-married-couple-who-discovered-they-are-twins-separated-at-birth-6682411.html) was ruled invalid. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [January 27, 2017, 10:40am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/6 "2017-01-27T10:40:20Z")
Are we absolutely certain that the marriage _is_ illegal? Legally, they have different parents. Does the law on incestuous marriages allow a DNA coincidence to override the state’s binding declaration that they have different parents? ---
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [January 27, 2017, 10:52am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/7 "2017-01-27T10:52:57Z")
> [@Derleth](#): > > That’s interesting. I didn’t think the marriage would be legally possible, so I’d have thought it would behave like a void contract: Not _voidable_, but born void, and therefore a nullity from day one, retroactively. You know, like a contract to buy drugs illegally, or a contract to murder someone. Those contracts wouldn’t be void: in order to declare them illegal, first the state needs to accept their existence. In that particular case, since there had been no ill intent and declaring the marriage void would have hurt both the spouses and their children, it wasn’t declared void. The law banning marriages between second-degree relations is intended to be protective, not punitive. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [January 27, 2017, 10:56am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/8 "2017-01-27T10:56:17Z")
Oklahoma’s [law on adoption](http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=64550) says: > [@](#): > > After the final decree of adoption is entered, the relation of parent and child and all the rights, duties, and other legal consequences of the natural relation of child and parent shall thereafter exist between the adopted child and the adoptive parents of the child and the kindred of the adoptive parents. There might be some other law lurking out there with other definitions, but this whole situation sounds like an “other legal consequence” to me. ---
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [January 27, 2017, 11:01am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/9 "2017-01-27T11:01:25Z")
That doesn’t void relationships with the biological family, only create new ones with the family of adoption. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [January 27, 2017, 1:37pm UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/10 "2017-01-27T13:37:43Z")
So a marriage between a child of two parents, and an unrelated child adopted by those same two parents - once the two children reach the age of consent for marriage - is that legal? The link only mentions “consanguinity” i.e. “from same blood”. How does a law indicate that intent is needed or strict liability attaches? ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [January 27, 2017, 2:19pm UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/11 "2017-01-27T14:19:38Z")
One point here is that, even if it would be strictly illegal, there are still many mechanisms in the law by which an illegal act can go unpunished, such as prosecutorial discretion, jury nullification, sentencing discretion, and executive pardon, and it’s likely that at least one would be used in such a situation. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [January 27, 2017, 3:47pm UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/12 "2017-01-27T15:47:52Z")
> [@Nava](#): > > Those contracts wouldn’t be void: in order to declare them illegal, first the state needs to accept their existence. > > In that particular case, since there had been no ill intent and declaring the marriage void would have hurt both the spouses and their children, it wasn’t declared void. The law banning marriages between second-degree relations is intended to be protective, not punitive. No, I would say that the examples given of drug-dealing and murder for hire are absolutely void. There are some things that you cannot contract for, and will not be recognised by the courts. ---
**Author:** ![MandaJo](https://avatars.discourse-cdn.com/v4/letter/m/ac91a4/32.png) [@MandaJo](https://boards.straightdope.com/u/MandaJo)\ **Post date:** [January 27, 2017, 4:52pm UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/13 "2017-01-27T16:52:41Z")
> [@Derleth](#): > > No _reason_, but I expected the _revulsion_ to kick in a lot stronger than it did. Do you have children? Do you really think that finding out an academic fact about your child would make a parents so revulsed they would want to permanently cut that child out of their life? ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [January 27, 2017, 8:13pm UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/14 "2017-01-27T20:13:08Z")
> [@Northern\_Piper](#): > > No, I would say that the examples given of drug-dealing and murder for hire are absolutely void. There are some things that you cannot contract for, and will not be recognised by the courts. No, a person can agree to whatever they want with whomever they want… the only reason for the courts to get involved in such a contract is if a dispute arises and one party needs to enforce the contract against the reluctance of the other party. If the contract involves an illegal act, then the courts cannot (and refuse to) get involved. That leaves it up to aggrieved party and his friends with the baseball bats to sort it out on their own. What difference would declaring the marriage invalid do? Children are still the children of both “spouses”. Only immediate family can visit the sick one in hospital? Duh. Inheritance? Double duh? The only question for the courts and prosecutor might be to prevent the couple from continuing to procreate. The thing is, I haven’t heard too many cases - but what two consenting adults get up to, odds are most prosecutors don’t care. The laws are usually there to prevent exploitative situations and to prevent backwoods communities becoming excessively “all in the family”. ---
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [January 27, 2017, 9:43pm UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/15 "2017-01-27T21:43:32Z")
> [@Northern\_Piper](#): > > No, I would say that the examples given of drug-dealing and murder for hire are absolutely void. There are some things that you cannot contract for, and will not be recognised by the courts. Different legal systems. In Spain they’re considered unenforceable in civil court (that is, you can’t sue someone over such a contract… or rather, you can, but both parties are supposed to then be taken for a visit of a nice hotel with bars in the windows), but the act of having such a contract is itself illegal. To have something, that something has to exist. Hiring someone to kill someone else isn’t null, it’s illegal. Hiring someone who isn’t legally capable of entering a contract (a minor without parental consent, for example), isn’t illegal, it’s null. ---
**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\ **Post date:** [January 28, 2017, 12:54am UTC](https://boards.straightdope.com/t/sealed-adoptions-invalidating-marriages/778304/16 "2017-01-28T00:54:31Z")
> [@Nava](#): > > There was a case in Spain, in Galicia: a married couple, both adopted, who discovered they were biological siblings. They already had children by the time they found out. Since it was in Spain, all they’d have to do is change their name to Hapsburg and Roberto is their uncle (both maternal _and_ paternal uncle, mind you). They might even be adopted into the royal family…