oa Comparative and International Law Journal of Southern Africa - Adoption and the conflict of laws

Volume 16, Issue 2
  • ISSN : 0010-4051



Due to its increased incidence in modern times, adoption has assumed an importance in the law of persons almost equal to that of parental power - which it indeed purports to bestow on the adoptive parents. Adoption affects three sets of persons: adopted children; adoptive parents; and the natural parents. The legal issues involved concern both substantive law and the conflict of laws. As regards the latter conflicts may again arise between the conflicts rules themselves. For instance, the lex adoptionis may conflict, or appear to conflict, with the lex stlccessionis. There are few, if any, legal systems which can boast of an adequate treatment of the respective conflicts problems. The South African system too, is not free of these problems, as explained in this article.

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