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Legitimation and Adoption

The branch of Indian law, in contradistinction to the ordinary local or domestic law of India, which is concerned with cases having a ‘foreign element’, is known as the conflict of laws or private international law. And foreign element means a contact with some system of law other than the Indian law. Conflict of Laws is not a law governing relations between independent States rather is simply a branch of civil law of the States evolved to do justice between litigating parties in respect of transactions or personal status involving a foreign element. Conflicting laws of different state legislatures in India, the overlapping entries in different lists, the conflict of different personal laws are not the subject matter, we are here concerned with.

Legitimacy in layman’s language means the status acquired by a person who is born to parents who are married to one another at the time of the birth. Legitimation means that a person who has not been born to married parents acquires the status of legitimacy as a result of some act. Adoption involves the extinction of the parental links between the child and the biological parents and the creation of similar links between the child and the adoptive parents.