Choice of Law, Jurisdiction, and Judgment Issues in Interstate Adoption Cases

Abstract

The purpose of this article is to describe the choice-of-Iaw (or conflict-of-laws), jurisdiction, and judgments problems in "interstate" adoption cases. In the subject of conflict-of-Iaws, adoption is a' sub-topic within the area of domestic relations. As explained below, domestic relations cases have always presented curious problems in multi-state situations-that is, in situations where people cross state and international lines and find that their domestic relationships are affected by the existence of different laws in the states from which they have come and into which they have migrated. Often multi-state domestic relations controversies are produced by parties moving from one state or country to another in order to accomplish legal results that they could not achieve in the places from which they have come and with which they perhaps have their most permanent relationships. Other cases arise in the normal course of life, during which members of a mobile population migrate from state to state in the normal course of events and are (perhaps) surprised to find that the laws fomiedy regulating their relationship are not the same in the places to which they have moved.

Keywords: adoption, choice-of-Iaw, conflict of laws