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UN Convention on the Rights of the Child (1989)

The term legitimacy, while its consequences may vary according to state or country, has long been a part of the legal vocabulary of at least those jurisdictions whose legal systems are of European origin. Adoption is, however, a statutory innovation in those of our American states, the legal background of which lies in the common law of England. So, consequently, no provision for adoption was formerly made in a large number of American states, and even now with the universal enactment of adoption statutes 8 there are sometimes differences in local legal effect, particularly with respect to the extent of the ability of an adopted child to inherit. Most but not all of the cases involving recognition of foreign adoption have grown out of claims made by adopted children to participate in the distribution and descent of decedents’ estates. When the rules with respect to succession have been substantially the same at the forum as abroad, a large majority of the courts have experienced no difficulty in recognizing the effectiveness for local purposes of the foreign proceedings. 9 A few have, however, taken the position that a child adopted in another state may not inherit local land; some have so held even though legislative provisions at the situs permitted inheritance by children locally adopted. Whether adopted children may inherit, and from whom, would seem to be dearly matters of local policy; and if the courts at the situs of property have come to the conclusion, because of the absence of a statute permitting it or because of their construction of the local adoption and inheritance statutes