Marriage of MEW & MLB

4 Pa. D. & C.3d 51, 1977 Pa. Dist. & Cnty. Dec. LEXIS 225
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedApril 12, 1977
Docketno. 2-77-R-920
StatusPublished

This text of 4 Pa. D. & C.3d 51 (Marriage of MEW & MLB) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of MEW & MLB, 4 Pa. D. & C.3d 51, 1977 Pa. Dist. & Cnty. Dec. LEXIS 225 (Pa. Super. Ct. 1977).

Opinions

BOYLE, J.,

The question to be determined on this record is whether two persons who are unrelated by blood but who become brother and sister by reason of an adoption of the male applicant by the natural mother of the female applicant may lawfully obtain a license to marry under the provisions of The Marriage Law of August 22, 1953, P.L. 1344, sec. 5, as amended, 48 P.S. §1-5. The issue comes before the court on a certification of the question by the register of wills who, as ex officio Clerk of the Orphans’ Court Division, has declined to issue a marriage license to these applicants. See Act of June 30, 1972, P.L. 508, sec. 2, 20 Pa. C.S.A. §907. The register’s certification was considered by the court en banc on March 7, 1977, and the case has been referred to Boyle, J., for hearing and determination.

A written stipulation of facts has been entered into and filed by counsel for the applicants and the Deputy Attorney General of the Commonwealth to [52]*52whom notice was given and who opposes the application.

The agreed facts are as follows:

1. The male applicant MEW is presently 20 years of age, having been born on May 24, 1956, at Pittsburgh, Allegheny County, Pa.

2. The female applicant MLB is presently 23 years of age, having been born on August 3, 1953, at Tallahassee, Fla.

3. Although the male applicant is residing at State Park, Pa., his domicile is . . . Monroeville, Allegheny County, Pa. 15146.

4. The female applicant’s domicile and residence is . . ., Wilkinsburg, Allegheny County, Pa. 15221.

5. The natural parents of the male applicant were MHW and AJKW, who were married to one another at the time of the male applicant’s birth.

6. The natural parents of the female applicant were MEB and SEMB, who were married to one another at the time of the female applicant’s birth.

7. Neither the applicants nor their ancestors are related to one another by any blood relationships. The family of each is a separate and distant blood line.

8. As children, the applicants grew up separately and apart from one another.

9. The male applicant was born and raised at Monroeville, Allegheny County, Pa.

10. The female applicant was born in Tallahassee, Fla., lived there until she was 2Vz years old, moved with her family to the Squirrel Hill section of Pittsburgh and then to the Borough of Mon-roeville, Pa.

^ 11. The female applicant’s father, MEB, died on September 9, 1970, when the female applicant [53]*53was 17 years of age and living together with her natural parents.

12- The male applicant’s mother,, AJKW, died on January 28, 1971,, when the male applicant was 14 years of age and living together with his natural parents.

13. On June 19, 1971, the surviving parent of each applicant, MHW and SEMB, married to each other at Monroeville, Pa-, before Justice of the Peace Saltón.

14. On June 19,, 1971, the female applicant,, at the age of 17 years,, married TCC at Pittsburgh, Pa. The said TCC was a stranger to both the W and B families.

15. On June 19, 1971, the mother of the female applicant went to live with her husband, the father of the male applicant, at . . ., Monroeville, Pa. 15146.

16. On June 19, 1971, the female applicant separated from her natural mother and went to live with her husband, the said TCC.

17. On June 23, 1972, more than one year after her marriage to the father of the male applicant, the mother of the female applicant filed a petition to adopt the male applicant, then 16 years of age, an older brother and two younger sisters, said older brother and younger sisters all being related to the male applicant by blood, in the Common Pleas Court of Allegheny County, Pa. at no. 320 of 1972.

18. On June 27, 1973, after hearing the Court of Common Pleas of Allegheny County, Pa., decreed that the children of MHW, which included the male applicant, became the adopted children of SEMW.

19. On March 7, 1973, because of serious domestic problems, the female apphcant filed a [54]*54divorce action against her husband, the said TCC, in the Common Pleas Court of Allegheny County, Pa., Family Division, at no. ...... . term 1973.

20. On July 16, 1973, after a hearing on June 28, 1973, the Court of Common Pleas of Allegheny County, Pa., Family Division, at the aforementioned number and term, decreed that the female applicant and her spouse, the said TCC, were divorced from the bonds of matrimony on the ground of the husband’s indignities.

21. During a short period of time in 1973, the female applicant went to live with her mother at . . ., Monroeville, Pa. 15146.

22. In 1973, the female applicant moved from ..., Monroeville, Pa., 15146 and into her own apartment in Wilkinsburg, Pa., where she continues to reside even at the present time.

23. The male applicant is a college student, in his junior year at Penn State University where he is majoring in accounting.

24. The female applicant received nurse’s training at the Columbia Hospital School of Nursing and is presently a registered nurse.

25. At no time have the applicants ever looked upon each other as “brother” and “sister,” but only as the offspring of different natural parents, which they are.

26. There is not now and there has never been any blood relationship of any degree between the applicants.

27. There is not now and there has never been any relationship of affinity between the applicants.

28. Both the natural father of the male applicant and the natural mother of the female applicant are in favor of the marriage between the applicants.

[55]*5529. In August 1976, at the occasion of the marriage of the older brother of the male applicant, the applicants herein began a friendly relationship which has blossomed into a desire to marry.

The question is thus presented whether the legal relationship of brother and sister, created by the process of adoption, constitutes an impediment to the proposed marriage of these applicants who have filed their application for a marriage license on February 25, 1977, in the Marriage License Bureau of the Clerk of the Orphans’ Court Division.

The Marriage Law, supra, provides in subsection (i), section 5 of the Act of August 22, 1953, P.L. 1344, as amended, 48 P.S. §1-5, as follows:

“No license to marry shall be issued by any clerk of the orphans’ court:

U

“(i) To applicants within the prohibited degrees of consanguinity and affinity, which are as follows:

“Decrees of Consanguinity

“A man may not marry his mother.

“A man may not marry his father’s sister.

“A man may not marry his mother’s sister.

“A man may not marry his sister. (Emphasis supplied.)

“A man may not marry his daughter.

“A man may not marry the daughter of his son or daughter.

“A man may not marry his first cousin.

“A woman may not marry her father.

“A woman may not marry her father’s brother.

“A woman may not marry her mother’s brother.

“A woman may not marry her brother.

“A woman may not marry her son.

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Related

Tafel Estate
296 A.2d 797 (Supreme Court of Pennsylvania, 1972)
Schwab Adoption Case
50 A.2d 504 (Supreme Court of Pennsylvania, 1946)
Cave's Estate
192 A. 460 (Supreme Court of Pennsylvania, 1937)

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Bluebook (online)
4 Pa. D. & C.3d 51, 1977 Pa. Dist. & Cnty. Dec. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-mew-mlb-pactcomplallegh-1977.