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Objection 1: It would seem that a relationship of this kind is
contracted only between the adopting father and the adopted child. For
it would seem that it ought above all to be contracted between the
adopting father and the natural mother of the adopted, as happens in
spiritual relationship. Yet there is no legal relationship between
them. Therefore it is not contracted between any other persons besides
the adopter and adopted.
Objection 2: Further, the relationship that impedes marriage is a
perpetual impediment. But there is not a perpetual impediment between
the adopted son and the naturally begotten daughter of the adopted;
because when the adoption terminates at the death of the adopter, or
when the adopted comes of age, the latter can marry her. Therefore he
was not related to her in such a way as to prevent him from marrying
her.
Objection 3: Further, spiritual relationship passes to no person
incapable of being a god-parent; wherefore it does not pass to one who
is not baptized. Now a woman cannot adopt, as stated above (Article
1, ad 2). Therefore legal relationship does not pass from husband
to wife.
Objection 4: Further, spiritual relationship is stronger than
legal. But spiritual relationship does not pass to a grandchild.
Neither, therefore, does legal relationship.
On the contrary, Legal relationship is more in agreement with carnal
union or procreation than spiritual relationship is. But spiritual
relationship passes to another person. Therefore legal relationship
does so also.
Further, the same is proved by the authorities quoted in the text
(Sent. iv, D, 42).
I answer that, Legal relationship is of three kinds. The first is
in the descending order as it were, and is contracted between the
adoptive father and the adopted child, the latter's child grandchild
and so on; the second is between the adopted child and the naturally
begotten child; the third is like a kind of affinity, and is between
the adoptive father and the wife of the adopted son, or contrariwise
between the adopted son and the wife of the adoptive father.
Accordingly the first and third relationships are perpetual impediments
to marriage: but the second is not, but only so long as the adopted
person remains under the power of the adoptive father, wherefore when
the father dies or when the child comes of age, they can be married.
Reply to Objection 1: By spiritual generation the son is not
withdrawn from the father's power, as in the case of adoption, so
that the godson remains the son of both at the same time, whereas the
adopted son does not. Hence no relationship is contracted between the
adoptive father and the natural mother or father, as was the case in
spiritual relationship.
Reply to Objection 2: Legal relationship is an impediment to
marriage on account of the parties dwelling together: hence when the
need for dwelling together ceases, it is not unreasonable that the
aforesaid tie cease, for instance when he ceases to be under the power
of the same father. But the adoptive father and his wife always retain
a certain authority over their adopted son and his wife, wherefore the
tie between them remains.
Reply to Objection 3: Even a woman can adopt by permission of the
sovereign, wherefore legal relationship passes also to her. Moreover
the reason why spiritual relationship does not pass to a non-baptized
person is not because such a person cannot be a god-parent but because
he is not a fit subject of spirituality.
Reply to Objection 4: By spiritual relationship the son is not
placed under the power and care of the godfather, as in legal
relationship: because it is necessary that whatever is in the son's
power pass under the power of the adoptive father. Wherefore if a
father be adopted the children and grandchildren who are in the power of
the person adopted are adopted also.
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