LEGITIMATION, LEGITIMACY AND RECOGNITION IN THE CONFLICT OF LAWS

Abstract

In order to determine whether a given person has rights in relation to his parent or child, his legal relation or status must also be determined. In this article the author discusses the creation of a child’s status in relation to the conflict of laws. First, he examines several English cases whereby the legitimacy of a marriage and child is at issue, and thus the domicile of the parties is the primary consideration. Next, he focuses on American cases, as well as French law, in relation to legitimation and legitimacy and the varied accompanying circumstances. The author then focuses on problems encountered in the creation of legitimacy at birth, as well as those encountered in cases of legitimation by an event occurring after birth. In concluding his article, the author examines the doctrine of the relation back of legitimacy and argues that in the United States it is probable that legitimation does not relate back.