Part V Family Law, 27 Legitimacy, Legitimation and Adoption

Subject(s):

Choice of law clauses — Children — Legitimacy and adoption — Marriage

This chapter examines the choice of law rules relating to legitimacy, legitimation and adoption, as well as rules governing the recognition of foreign adoptions and the jurisdiction of the English courts to make adoption orders. It begins with a discussion of questions surrounding legitimacy, such as legitimacy to be governed by the law of the domicile, the effect of the doctrine of putative marriage, meaning of ‘domicile of origin’, relevance of the incidents of status, and where birth to parents who are married does not confer legitimacy. It then considers legitimation by subsequent marriage and legitimation by recognition before turning to adoption proceedings in England, procedures for taking children into and out of the UK, and recognition of foreign adoptions. Finally, it analyses the effect of foreign adoptions by citing the relevant provisions of the Adoption and Children Act 2002.