International Adoption & International Comity: When Is Adoption “Repugnant”?

Part II of this Article will examine the doctrine of international comity, traditionally thought to give courts the power to recognize foreign decrees, as it applies to international adoption. First, the ability of courts to recognize foreign decrees of "status" generally will be discussed. Next, the focus will be on courts' authority to recognize the parent-child status created by foreign adoptions. This subpart will also review treaties and statutes that touch on the recognition of foreign adoption decrees.

Part III will consider a traditional limitation on comity-that courts need not accept judgments that are "repugnant" or against the public policy of the state-as it applies to international adoption. The Article concludes that courts find "repugnant" those international adoptions that fail to mimic American notions of a nuclear family. Finally, Part IV will suggest a child-centered approach to replace the "repugnance" limitation on international comity.