ADOPTION IN THE CONFLICT OF LAWS

Abstract

This article examines the jurisdiction of a court to make an adoption order, specifically whether domicile is a condition precedent to jurisdiction and, if not, what connection between the parties and the territory is required. In part two, the author suggests the basis on which Canada should recognize foreign adoptions, pointing again to the importance of domicile. To help determine what recognition means, he examines the important distinction between status and incidents applicable to it. Because legislation occasionally tries to define recognition, he analyses and criticizes the statutory interventions of Canada and New Zealand in order to argue that outside British Columbia and New Zealand, the adoption legislation of other jurisdictions is incomplete. From here, he examines the implications of the status acquired in these other jurisdictions, and fully explains the distinction between “adopted child” and “lawful child” status.