A Study On Conflict Of Laws In Intercountry Adoption

With the further practice of intercountry adoptions, new legal issues are emerged from the conflict of laws of intercountry adoptions. Among those issues, conventional adoption laws do not pay sufficient attention to the legal culture conflict of intercountry adoptions, citizenship naturalization and legal conflict issues of post intercountry adoption settlement. These issues needs to be addressed in the further development of intercountry adoption laws.In Chapter 1, the author thinks theoretically about the conflict of laws of intercountry adoptions in the perspective of private international law so that new legal issues about the conflict of laws of intercountry adoptions can be found, and expatiates the new legal issues one by one.Firstly, with regard to legal culture conflicts of intercountry adoptions, the author raises understand and respect among the heterogeneous legal culture issues of intercountry adoptions. By the case analysis, it summarizes the reasons for mutual understanding and respect of the heterogeneous legal culture of intercountry adoptions, and how to mutually understand and respect. It points out that countries which are concerning the adoption should work together. Under the premise of clarifying applicable laws of adoption effectiveness, the laws are to be proved.Secondly, with regard to citizenship naturalization of intercountry adoptees, the chapter analysis the reasons why conventional intercountry adoption laws pay insufficient attention to the issue of citizenship naturalization and the grounds that conventional adoption laws cannot discard research on citizenship naturalization. And by the case analysis, it discusses the close relation between citizenship naturalization for intercountry adoption and the application of intercountry adoption laws, and the difficulties for resolving citizenship naturalization for intercountry adoptions. Solutions to the proof of immigration laws and citizenship naturalization estimated program are proposed concerning the legislative practice of current issues of citizenship naturalization.Thirdly, issues of legal conflicts concerning post intercountry adoption settlement are categorized. Different types of legal issues concerning the legal conflicts of post intercountry adoption settlement have also been identified. By the case analysis, it finds the legal issues about the legal conflicts concerning post illegal or defective intercountry adoption settlement, legal conflicts concerning post intercountry adoption settlement that adopter engaged in criminal activity to adoptee and legal conflicts concerning transfer of adoption in intercountry adoption.Lastly, according to the changes of the conflict of laws of intercountry adoptions, it analyses proof of foreign law of intercountry adoption. It discusses specificity, responsibility assignment and method of proof of foreign law of intercountry adoption.After new problems have been identified, investigation and discussion will be conducted into both aspects of solution principles and solutions to the conflicts of intercountry adoption laws.Chapter 2 reviews evolutionary processes of the principle of intercountry adoption. On the basis of functional evaluation of traditional principle of the private international law, it raises that children’s best interest is the core principle of modern intercountry adoption and discusses production, contents and function of the principle of best interests of children. In addition, it discusses theory and function of intercountry adoption’s attributive principles that can help resolve new conflicting problems of intercountry adoption laws.Chapter 3 studies uniformed substantive laws of intercountry adoptions. Firstly, the research on the uniformed substantive laws of intercountry adoption is not only limited to analyzing terms of content, it focuses on the research of uniformed substantive law’s long term implementing effect and long term function. It raises the changing function of uniformed substantive laws of modern intercountry adoptions and makes assumptions on adding normalization of substantive laws to new problems. Secondly, it discusses contents, enforcement actualities and effect of Convention of Hague Intercountry Adoption. On the this basis, it points out new perspectives of Convention of Hague Intercountry Adoption.Chapter 4 studies conflict of laws of intercountry adoptions. Firstly, it studies recently the value orientation of conflict of laws.Secondly, it discusses legislation practice, recently development and value orientation of conflict of laws of intercountry adoptions. Lastly, the research on conflict of laws of intercountry adoption is supported by mainstream theory of the development of modern conflict of laws. It conducts investigations, discussions and legislative designs on the legal applications of intercountry adoption laws’new conflicting issues.In chapter 5, after a series of theory studies, it studies our country’s intercountry adoption laws. Firstly, by reviewing and analyzing our country’s intercountry adoption laws, it concludes current situation of uniformed substantive laws of our country and conflict of laws of our country. Secondly, on the basis of studying on our country’s intercountry adoption laws and referencing to the foreign legislation, it makes assumptions and prospects on the value orientation of our country’s transnational adoption laws, designing the judiciary interpretation of the Supreme Court (2), new perspectives of intercountry adoption laws and new direction of executing of Convention of Hague Intercountry Adoption.