From: aryk@gpu.utcs.utoronto.ca (A.J.S. Nusbacher)
Subject: Re: Adopted children
Organization: University of Toronto -- Office of the Provost
Date: Sat, 3 Oct 1992 21:02:51 GMT

In article <8257@lee.SEAS.UCLA.EDU> eva@Apocalypse.CAD.UCLA.EDU (Eva) writes:
>Conversation during R.H dinner:

>A friend of mine is adopted. He has had two adoptive fathers, both claimed
>Cohen lineage.  He assumes that since he does not know his birth father
>he can not claim to be Cohen.   

Orthodox adoption practices vary by posek.  You cannot, however, be a kohen
by adoption.

>1) How can anyone be sure they are of true Cohen lineage?
>   (for example if three of four generations later, my friend's great 
>    grand children assess their last name, assume that past generations just
>    weren't religious, and therefore partake of Cohen duties not realizing
>    that there was an adoption generations ago)

The name "Cohen" does not automatically mean that its bearer is a kohen.  Less
worrisome than adoption is the possibility that a marriage forbidden to a
kohen might have intervened.

>   a) the view in regards to other things (food) is that where there is doubt
>      one does not assume.  If that is the case how can there be anyone
>      claiming Cohen lineage? Where is the proof?

For purposes of aliyot and aliyah le-duchan, a tradition in one's family of
direct male lineage from Aharon ha-kohen is sufficient.  For purposes of
operating in the Temple, we await the Mashiach's determination of who is
a kohen.  In the meantime, it appears to be more important that we continue
the practice of aliyah le-duchan than that we are certain that the people
with the angels dancing on their hands are indeed descended directly from
Aharon without marriage to divorcees.

>2) How can adopted children of unknown parents be sure they are Jewish?

Because of issues like this, Jewish adoption is a dicey issue, and must
be undertaken with the advice of a competent posek.  When my parents sought
to adopt me, they were advised by some that adopting a boy was halachically
inadvisable.  I was, in fact, adopted through Louise Wise Services, which is
a Jewish adoption agency.  The agency determined that my biological father
was not Jewish at all, which meant that I was certainly not a kohen or a
levi.  In spite of the fact that I was the firstborn of a woman with a 
Cohen-type surname (many Kanes, Kaplans, Kagans and Katzes are kohanim) I
was redeemed at the age of 30 days, since her father's kehunah was not certain.

>3) What are the "laws" concerning adopted children known to have been produced
>   out of wedlock?

Ordinary bastardy carries no halachic stigma (my own biological parents were
not, in fact, married).  Mamzerut is, of course, a serious issue, and it is
important to ensure that an adoptee is not a mamzer.

As I've said above, this is a very dicey issue.  While I have made some special
study of the issues involved (personal interest), it is very important to
consult competent halachic authority.

Ordinarily I would not make this specification, but in this case I would also
suggest that Orthodox authority be consulted, lest the adoptee grow up to
find that he was a mamzer, or not Jewish, or something complicated like that,
by Orthodox standards.

Aryk Nusbacher

Newsgroups: soc.culture.jewish