Legal Question in Family Law in Pennsylvania
Family/Adoption
I am adopted and have entered into a relationship with my adopted brother. We did not grow up together. He was out of his parent's house before I was adopted. Is it illegal for us to have a sexual relationship in the state of Pennsylvania? Will I have trouble securing visitation rights for my son who lives in Pennsylvania because of the relationship I have with my brother because we will be living together?
1 Answer from Attorneys
Re: Family/Adoption
Since no Pennsylvania attorney has emerged to address this question, I offer the following which could be relevant under Virginia law:
Virginia Code Sec. 18.2-345, prohibits "lewd and lascivious cohabitation" between any persons not married, or even married under certain specified conditions, and categorizes the violation of this statute as a Class 3 misdemeanor offense. (The reality, of course, since the U.S. Supreme Court decided Lawrence v. Texas in June of 2003, no one in the Commonwealth is prosecuted under this statute and even before this cited case, such prosecutions were a rarity.)
Virginia Code Sec. 20-138.1(2) also prohibits marriages between brothers and sisters who acquire that status as relatives through adoption.