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Saving International Adoption:

One method of approach in fixing the limits of state power where status is involved would be to assume that underlying similarities between the different species of status are such as to require the position that because for some species domicil has been uniformly held to be the important jurisdictional factor, it should, by way of analogy, be treated as all important for the others. In this connection judicial decisions with respect to divorce and legitimacy lend color to the thought that control over status belongs to the domiciliary state. But the cases, which uniformly make domicil a necessary factor for jurisdiction to divorce, while they do involve state power over status, are not particularly helpful. Unlike the case in adoption and custody proceedings, a court in dissolving a marriage exercises no discretionary function. Upon proof of the facts fixed by the law at the forum as grounds for divorce the marriage is dissolved as a matter of course. Furthermore, divorce involves persons who, because they are sui juris, are capable of choosing their own homes or places of abode so that domicil and actual residence normally coincide.