Can a person adopted in a jurisdiction not recognizing adoption claim the status of a “child” in a similar jurisdiction?

Saskatchewan, Canada


The following excerpt is from May (Estate) (Re), 1968 CanLII 503 (SK QB):

For example, the Saskatchewan court of appeal in Burnfiel v. Burnfiel 1926 CanLII 113 (SK CA), [1926] 1 WWR 657, 20 Sask LR 107, reversing 1925 CanLII 249 (SK QB), [1925] 2 WWR 629, held that a person adopted in a jurisdiction recognizing adoption cannot claim the status of a “child” in a jurisdiction not recognizing adoption so as to claim to inherit property situate within the latter jurisdiction. Haultain, C.J.S. states at pp. 662-3: “An adopted child is an artificial creature unknown to our law. He is not a ‘child’ in any sense of that term as used in our law. In his case we have to look to the law of the domicile of adoption to ascertain the rights of succession attached to that relationship, a relationship which our law does not acknowledge, and to which under our law no rights are attached. “In the case of a legitimated child, he comes into this province with a recognized status to which certain rights are attached under the law of this province.”

Other Questions


Can the biological father of a child be notified of the adoption of the child prior to the child being adopted? (Saskatchewan, Canada)
When can natural parents of an adopted child regain contact with their adopted child? (Saskatchewan, Canada)
What is the test for granting access to the child to the father of the child after the child has been adopted? (Saskatchewan, Canada)
What is the test for establishing that if one person buys property but conveys it into another person's name or into his name, that other person becomes resulting trustee for the purchaser? (Saskatchewan, Canada)
In a personal injury action, is there any case law where a defendant admitted the allegations in the statement of claim and submitted to the relief claimed? (Saskatchewan, Canada)
What is the effect of the Courts of Equity’s jurisdiction on the terms of a personal injury agreement? (Saskatchewan, Canada)
In what circumstances will a landlord who claims to be a tenant be able to claim as landlord of a property where the landlord is not the landlord of the tenant? (Saskatchewan, Canada)
What constitutes an unilateral termination by an adult child of his relationship with the parent from whom he is seeking child support? (Saskatchewan, Canada)
What is the test to be used in a child support analysis under s. 18 of the Child Support Guidelines? (Saskatchewan, Canada)
What is the test for claiming unjust enrichment in the context of a claim made by Alice against her former partner in her name? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.