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30 Colum. J.L. & Soc. Probs. 91 (1996-1997)
The Road to Concord: Resolving the Conflict of Law over Adoption by Gays and Lesbians

handle is hein.journals/collsp30 and id is 105 raw text is: The Road to Concord: Resolving the Conflict of Law over Adoption by Gays and Lesbians DEVJANI MISHRA* i. INTRODUCTION Can a mother who lives in Vermont but works across the border in New Hampshire get health insurance through her em- ployer for her child? Can a father who resides in New York enforce his visitation rights in a Phoenix family court? Can a daughter inherit property in Miami under a will written in Boston? Depending on the circumstances under which these familial rela- tionships have formed, the answers to these questions are anything but predictable. Although adoption in the United States has always been left to the statutory control of each state, the states have reached a level of agreement over most aspects of adoption policy that is remark- able - so much so, in fact, that cases in which states refuse to recognize each other's adoption decrees merit barely a footnote in conflict of laws texts.2 This is possible because each state's adoption policy is motivated by a concern for the best interests of * Production Editor, Colum. J.L. & Soc. Probs., 1996-97. The Author would like to thank Erika Kleiman, Mary Ohnuma, and Deborah Stark for their comments and sugges- tions and the staff of the Journal for their assistance in the production of this Article. Special thanks to Wynn Huang for her tireless editorial efforts, to Brett Norwood for his patience and encouragement, and to Shantilata and Urea Ballava Mishra for their guidance in all things. 1. See generally 2 Am. Jur. 2d Adoption § 7 (1994). [One may be legally adopted as the child of another and the relationship of parent and child established between persons who are not so related by nature only by complying with the provisions of the adoption laws of the state in which such relationship purports to have been created ...I.. d. (citations omitted). 2. See, e.g., Eugene F. Scoles & Peter Hay, Conflict of Laws § 16.6 n.1 (2d ed. 1992).

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