A COMPARATIVE ANALYSIS OF ADOPTION & DOMICILE IN CANADA, INDIA, USA AND UK
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Adoption, Domicile, Canada, USA, IndiaAbstract
Before the dawn of legal revolution, Adoption initially was neither a legal right nor a God-given right to any person. History dating back as early to the Roman Empire speaks volumes on Adoption and the inherent economic and political interests of the adopter. The practice of Adoption in ancient Rome is well documented in Codex Justinianus (a.k.a. The Code of Justinian). For instance, the use of Adoption by the Aristocracy in Roman Empire is well documented where many of Rome’s Emperors were adopted sons. Markedly different from the modern period, ancient Adoption was a double standard strategy used by the adopter to strengthen political ties between wealthy families to create male heirs to manage big estates. The Code of Hammurabi details the rights of adopters and the responsibilities of adopted individuals at length. Other ancient civilizations, notably India and China, used some form of adoption but in a very restricted sense that too depending on exigencies and grave circumstances. With the gradual marching of time, the modern form of adoption emerged in the United States of America (USA) when the ‘Baby Scoop Era’ (1945-1974) saw rapid growth and acceptance of Adoption worldwide. The reasons for Adoption could be many but the most common cited reason is “Infertility”. Normally, Adoptions can occur either between related family members or unrelated individuals though historically most Adoptions took place between related family members. Adoption brought in its ambit new complicated and intricate issues intertwined with Domicile (Lex Domicilii) of a person. In recent years, Adoption and Domicile has become a subject of serious concern owing to the slow paced development and traditional approach of Conflict of Laws by the international community. Against this backdrop, the present paper comparatively analyses the scope of Adoption Laws against Domicile in Western Powers such as Canada, USA and UK against India by suggesting pragmatic remedies to redress this unique blistering issue.
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