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Can you marry an adopted sibling?

They are in no way blood related, but is it legal for them to date or even marry eventually? ANSWER: The adopted siblings described here, who are related by adoption only, but not by blood, can marry. However, they must request authorization from the court.

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QUESTION: If a child was given up for adoption and was adopted, is that child entitled to inheritance from the biological parents and/or the adopted parents?

ANSWER: In Louisiana, an adoption decree terminates the right of the birth parent to inherit from the adopted child, but, the right of the child to inherit from his parents and other blood relatives is unaffected by the adoption. Also, it is written in the law that under certain circumstances, grandparents may obtain limited visitation rights to the adopted child. However, at this time, grandparents’ rights, in LA., are contested. This request must be made in a petition to the Court. THE LAW : Louisiana Legislature Children’s Code Art 1240 Effect of Final Decree states: A. Except as otherwise provided in this Title, upon a final decree of private adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, including the right of inheritance from the adopted child and his lawful descendants, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except as provided in Paragraph B. B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption. C. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.

QUESTION: I just received a tax form from my church showing the amount I tithed in 2018. Can I or anyone claim tithing on their taxes?

ANSWER: Yes, tithes and property as well as other contributions to a non-profit organization or church, can be deducted on IRS Schedule A, which indicates that the taxpayer is going to itemize their deductions. The donations must have been documented throughout the year. If the taxpayers donated cash or goods of $250 or more, they must have a written statement from the charity. The statement must show: Amount of the donation. Description of any property given. Whether the donor received any goods or services in exchange for the gift. This deduction will reduce the amount of their taxable income. NOTE: THE NEW STANDARD DEDCTIONS OF UNDER THE TAX CUTS AND JOBS ACT ENACTED IN LATE 2017 MAY NEGATE THE NEED TO ITEMIZE. The Law Center advises all tax payers to seek the advises of tax professional in preparing tax returns. THE LAW : Taxpayers who give money or goods to a charity may be able to claim a deduction on their federal tax return, which basically reduces the amount of their taxable income. Here are some important facts about charitable donations:

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Qualified charities. To receive a deduction, taxpayers must donate to a qualified charity. To check the status of a charity, use the IRS Select Check tool. Here are examples of things that taxpayers can’t deduct: Gifts to individuals; Donations to political organizations and candidates Itemize deductions. To deduct donations, taxpayers must file Form 1040 and itemize deductions using Schedule A. Benefit in return. Taxpayers can only deduct the amount of their donation that exceeds the fair market value of the benefit received. If taxpayers get something in return for their donation, they may have to reduce their deduction. Examples of benefits include merchandise, meals and tickets to events. Property donation. If taxpayers give property instead of cash, they can normally only deduct the item’s fair market value. Fair market value is generally the price they’d get for the property on the open market. Used clothing and household items donated must generally be in good condition or better. Special rules apply to cars, boats and other types of property donations. Form to File. Taxpayers file Form 8283 for all non-cash gifts totaling more than $500 for the year. Proof of Donation. If taxpayers donated cash or goods of $250 or more, they must have a written statement from the charity. The statement must show: Amount of the donation. Description of any property given. Whether the donor received any goods or services in exchange for the gift. Additional resources: Charitable Contributions Publication 561, Determining the Value of Donated Property Publication 526, Charitable Contributions Interactive Tax Assistant: Can I Deduct My Charitable Contributions? IRS YouTube videos: Charitable Contributions – English | Spanish | ASL Subscribe to IRS Tax Tips/ Home/ News/ IRS Tax Tips/Top Things to Know About Deducting Charitable Contributions on a 2017 Tax Return. For the 2018 Tax Year Take a look at Internal Revenue Bulletin (IRB): 2018-10 dated March 5, 2018.

QUESTION: My husband and I adopted 2 children from different parts of the world about 10 years ago. One child was a 10-year-old boy and the other was an 8-year-old girl. They are now 20 and 18 and have apparently fallen in love. They are in no way blood related, but is it legal for them to date or even marry eventually?

ANSWER: The adopted siblings described here, who are related by adoption only, but not by blood, can marry. However, they must request authorization from the court. Adopted siblings who are related within the fourth degree are prohibited from marrying each other. There is language in the answer that may be difficult to understand, so please consult the Southwest Law Center on this matter before planning the wedding.

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THE LAW : LA C.C.P. art. 74.3 Marriage of persons related by adoption Persons related by adoption seeking judicial authorization to marry in accordance with Civil Code Article 90 shall request authorization of the district court in the parish of either party's domicile.

Louisiana Civil Code Tit. IV, Art. 90. Impediments of relationship

A. The following persons may not contract marriage with each other:

(1) Ascendants and descendants.

(2) Collaterals within the fourth degree, whether of the whole or of the half blood. B. The impediment exists whether the persons are related by consanguinity or by adoption. Nevertheless, persons related by adoption, though not by blood, in the collateral line within the fourth degree may marry each other if they obtain judicial authorization in writing to do so. Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC-TV.

Copyright 2019 KPLC. All rights reserved.

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