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November 2009

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Subject:
From:
Bill Davidson <[log in to unmask]>
Reply To:
Research and writing about Virginia genealogy and family history." <[log in to unmask]>
Date:
Mon, 9 Nov 2009 09:34:35 -0500
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I am certainly not an expert on adoptions versus guardianships, but I 
thought that I read somewhere that "true/formal" adoptions were not even 
allowed (in VA, anyway) until sometime well into the 1800s.  Does anyone 
know if that is correct, and if so, when did such "formal adoptions" become 
"legal/recognized?"  I also read somewhere that there was some REQUIREMENT 
to include the "birth surname" in the given name of the child (for a male, 
anyway), if the "new father" was going to give that child the surname of 
that "new father."  Does anyone know if that is actually correct?  If that 
is correct, when was that requirement deleted?

My gg-grandfather was born around 1817, per the various censuses, and he was 
a "Smith infant/toddler" who was taken-in and named Smith W. Brown by his 
"new parents" (John and Mary (Bennett) Brown).

Note: Mary Brown's mother, Mrs. Winnie Bennett, was also a descendant of the 
referenced Smith family.

DNA testing on a "male Brown" in this line proves that this is actually a 
"blood Smith" (versus a "blood Brown") family.  I have traced this Smith 
family back to the mid-1600s in Lancaster/Middlesex Co., VA.  Whether this 
was a guardianship versus a formal adoption, I wonder if they named him 
"Smith" simply to honor his true surname/heritage, or if they named him 
"Smith" becaue they were REQUIRED to?  Comments?

Bill Davidson 

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