Nullity (conflict)
Encyclopedia
In conflict of laws
, the issue of nullity (known as annulment
in the United States
) in Family Law
inspires a wide response among the laws of different states
as to the circumstances in which a marriage
will be valid, invalid or null. As in English Law
, some classify marriages as either void or voidable; others have no concept of a voidable marriage; still others have a third category of “non-existent” marriage (e.g., Nichtehe in Germany
). The decree of nullity may therefore be no more than a declaration that no marriage had ever come into being, i.e. it is void ab initio
, or it may be equivalent to a decree of divorce
, i.e., the marriage requires a decree to dissolve it.
There is also wide disagreement internationally as to which choice of law
rules should apply. In some states, the lex loci celebrationis deals with most issues of validity; in others, there is agreement that the lex loci celebrationis
should determine whether a marriage is formally valid, but disagreement as to which connecting factor: nationality
(the lex patriae
), domicile
(the lex domicilii
) or habitual residence
, should define essential validity. The Hague Convention on Celebration and Recognition of the Validity of Marriages (1978) makes only limited progress towards a harmonised
position. In the EU, the "Brussels II" Regulation 1347/2000 of 29 May 2000 (effective from 1 March 2001) sets out the rules on jurisdiction
, and the recognition and enforcement of nullity judgments and of parental responsibility
orders for the child
ren of both spouses (the "new Brussels II" Regulation 2201/2003 applies to cases arising on or after 1 March 2005, but the substance of the rules is unchanged).
are relevant in the general conflict system:
But the conflict rules must be consistent with the forum's domestic policies in relation to marriage. Hence, the further policy considerations are:
does not apply unless it will refer to a law that will validate the marriage), and the lex domicilii of either party
will be irrelevant. This rule is simple and easy to apply. It should be obvious to parties wishing to marry that they should comply with the local formalities, and legal advice is usually conveniently available. The only drawback to this rule is that, if it were not subject to exceptions, the parties' desire could evade
otherwise manadatory provisions in the laws governing their capacity (see "Antenuptual capacity" below). Finally, the effect of retrospective legislation which purports to validate a formally invalid marriage will usually be recognised as an application of favor matrimonii. For the same reason, retrospective attempts to invalidate a narriage will usually fail.
, this form of marriage must usually be valid under the laws of both the states in which the parties were physically resident when they gave their consents, whether by letter, telephone
, fax
or e-mail
.
, the general view is that the marriage takes place in the state where the proxy gives consent and that law determines whether the form of marriage is valid (Germany and a few others opt for the state in which the proxy was contractually authorised to act, because that is the best evidence as to the validity of the principal party's consent).
entitles the state to defend the interests of child
ren until they are deemed old enough to be responsible for their own decisions. But there can be disagreement as to when childhood ends and adulthood begins. Some states allow persons to marry when they are fourteen. Others allow marriage at the age of sixteen, but only with parental consent. Others allow marriage at eighteen. Suppose that a man, aged over twenty and domiciled in a state that grants capacity to marry at sixteen, travels to a state which permits marriage at fourteen and there goes through a marriage ceremony with a woman aged fourteen and domiciled in that state. If the test of validity was solely by reference to the lex loci celebrationis, this would allow a man to marry a person with whom it would be illegal to have sex in his own state.
To overcome this problem, common law
countries tend to require validity by both sets of personal laws: the so-called "dual domicile test", so long as neither law offends against the public policy of the lex fori. However, there is some support for a reference to the law of the country in which the couple intend to establish their matrimonial home so long as their intention is expressed with sufficient certainty and acted upon. Hence, if the parties are about to go through a monogamous
ceremony, neither must have a subsisting spouse (in some states, bigamy
is a crime
). If the ceremony is polygamous
, all the proposed spouses must have the capacity to marry more than one spouse.
.
, this may void the marriage, make the marriage voidable, or require a divorce decree. The willful refusal by one party to consummate the marriage will not usually be a ground for annulment since this is a question of behaviour rather than capacity and so becomes a matter for divorce. Given the improvement in medical science, the number of conditions producing impotence which cannot be treated with some degree of success is declining. Hence, most modern legal cases must now rely on the ground of the affected party's willful refusal to seek remedial treatment and deal with the case to reflect the fact that the marriage has not been consummate
d. The fact that one of the parties may be infertile and so cannot produce children is not relevant under this heading although it may be relevant if specific representations have been made to induce the marriage and so affect the validity of consent.
The choice of law is the subject of debate. The claim of the lex loci celebrationis to be applied may be slight if neither party has a connection by way of nationality, domicile or habitual residence, and the parties do not make their home there. There is a better claim by the lex domicilii, lex patriae, or law of habitual residence to apply as an aspect of capacity. To allow the lex fori to apply is to open the door to forum shopping
, which might produce "limping marriages" and breach a key policy.
as to the nature of the ceremony (which would be difficult to prove unless the capacity of one of the parties to understand was affected by a subsisting mental condition, or by the consumption of alcohol or drugs not intended merely to give Dutch courage
) or duress would raise an issue of status. Similarly, if a “sham marriage” is alleged, this would deny the status of a spouse. If one of the parties intended to acquire married status, but alleges that there was no valid consent, whether because of a mistaken belief as to the legal effects of the marriage or because of the behaviour of the other spouse, the affected party's ante-nuptial domicile, nationality, or habitual residence should apply. Otherwise, the lex fori should apply.
Under s12 (c) Matrimonial Causes Act 1973 a marriage may be voidable due to lack of consent. This may be the result of duress, mistake as to identity, unsoundness of mind, or otherwise.
. Similarly, marriages may also be prohibited between individuals who have acquired legal relationships, e.g., by affinity through marriage, adoption
, guardianship, etc. Since these policies represent deeply held views within each society, the right of the lex domicilii, lex patriae or habitual residence to apply is usually recognised.
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
, the issue of nullity (known as annulment
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
) in Family Law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
inspires a wide response among the laws of different states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
as to the circumstances in which a marriage
Marriage (conflict)
In conflict of laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural and multi-national relationships...
will be valid, invalid or null. As in English Law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, some classify marriages as either void or voidable; others have no concept of a voidable marriage; still others have a third category of “non-existent” marriage (e.g., Nichtehe in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
). The decree of nullity may therefore be no more than a declaration that no marriage had ever come into being, i.e. it is void ab initio
Ab initio
ab initio is a Latin term used in English, meaning from the beginning.ab initio may also refer to:* Ab Initio , a leading ETL Tool Software Company in the field of Data Warehousing.* ab initio quantum chemistry methods...
, or it may be equivalent to a decree of divorce
Divorce (conflict)
In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the conflict of laws and its choice of law rules are highly relevant to determine:...
, i.e., the marriage requires a decree to dissolve it.
There is also wide disagreement internationally as to which choice of law
Choice of law
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states , or provinces...
rules should apply. In some states, the lex loci celebrationis deals with most issues of validity; in others, there is agreement that the lex loci celebrationis
Lex loci celebrationis
The lex loci celebrationis is the Latin term for "law of the place where the marriage is celebrated" in the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are...
should determine whether a marriage is formally valid, but disagreement as to which connecting factor: nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
(the lex patriae
Lex patriae
The term lex patriae is Latin for the law of nationality in the conflict of laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which law is...
), domicile
Domicile (law)
In law, domicile is the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave...
(the lex domicilii
Lex domicilii
The lex domicilii is the Latin term for "law of the domicile" in the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied....
) or habitual residence
Habitual residence
In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute. It can be contrasted with the law on domicile, traditionally used in common law jurisdictions to do the same thing....
, should define essential validity. The Hague Convention on Celebration and Recognition of the Validity of Marriages (1978) makes only limited progress towards a harmonised
Harmonisation
Harmonisation may refer to:* In music, the implementation of harmony, usually by using chords, including harmonized scales* Harmonisation of law, the process of establishing common laws and standards across the European Union...
position. In the EU, the "Brussels II" Regulation 1347/2000 of 29 May 2000 (effective from 1 March 2001) sets out the rules on jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, and the recognition and enforcement of nullity judgments and of parental responsibility
Parental responsibility (access and custody)
In the nations of the European Union and elsewhere, parental responsibility refers to the rights and privileges which underpin the relationship between a child and either of the child's parents or those adults who have a significant role in the child's life...
orders for the child
Child
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
ren of both spouses (the "new Brussels II" Regulation 2201/2003 applies to cases arising on or after 1 March 2005, but the substance of the rules is unchanged).
Relevant policies
Three public policiesPublic policy (law)
In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change...
are relevant in the general conflict system:
- Avoiding so-called “limping marriages”. Wherever possible, there should be international uniformity in defining a person's marital statusStatus (law)A person's status is a set of social conditions or relationships created and vested in an individual by an act of law rather than by the consensual acts of the parties, and it is in rem, i.e. these conditions must be recognised by the world. It is the qualities of universality and permanence that...
so that people will not be treated as married under the law of one state, but not married under the law of another. However, there may be situations in which it would be quite unjust and inappropriate for the courts of one state to be bound by another state's laws as to status (see below). - Favor matrimonii upholds the validity of all marriages entered into with a genuine commitment. But, as states become increasingly secular and allow the termination of marriage through no fault divorce and other less confrontational mechanisms, the policy for the recognition and enforcement of foreign decrees may be changing to favor divortii instead of favor matrimonii.
- Wherever possible, the results of any litigation should give effect to the legitimate expectations of the parties as to the validity of their marriage.
- That the application of all rules should, wherever possible, produce predictable and appropriate outcomes. There is a clear benefit that laws should be certain and easy to administer. Courts have the benefit of expert evidence and time in which to conduct their legal analysis. But the same issues arise far more often in everyday situations where immigration officers, social welfare and tax authorities, and businesses will have to decide whether persons claiming an eligibility or a liability based on their status as a spouse are validly married. If conflict rules are obscure and complicated, this can result in real difficulties for all involved.
But the conflict rules must be consistent with the forum's domestic policies in relation to marriage. Hence, the further policy considerations are:
- Even though policies related to community life reflect the views, opinions, and the prejudices of that community, local laws have a strong claim to specify the formal requirements for marriages celebrated within their jurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
(this is, after all, the reason that the lex loci celebrationis is usually accepted as the law to determine all formal requirements for the marriage). For example, the public interest requires that marriage ceremonies are performed openly and with due publicity, with all valid marriages properly recorded. - The public policy underpinning the lex foriLex foriLex fori is a legal term used in the conflict of laws used to refer to the laws of the jurisdiction in which a legal action is brought...
(the law of the forum court) will allow the court to ignore foreign limitations on the right to marry which are considered offensive, e.g., those based on differences of race or ethnic origin, or which allow persons of the same biological sex the capacityCapacity (law)The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will...
to marry. However, some states go further, e.g., in the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, section 283 Second Restatement of Conflict of Laws provides:
-
- A marriage which satisfies the requirements of the state where the marriage was contracted will everywhere be recognised as valid unless it violates the strong public policy of another state which had the most significant relationship to the spouses and the marriage at the time of the marriage.
- i.e., it introduces a form of proper law test of policy which could potentially lead to the application of a third state's policies which is a confusing possibility.
Formal validity
As a general principle, the formal validity of a marriage is determined under the municipal lex loci celebrationis on the date of the ceremony (the principle of renvoiRenvoi
In conflict of laws, renvoi is a subset of the choice of law rules and it may be applied whenever a forum court is directed to consider the law of another state.-The procedure for conflict cases:...
does not apply unless it will refer to a law that will validate the marriage), and the lex domicilii of either party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
will be irrelevant. This rule is simple and easy to apply. It should be obvious to parties wishing to marry that they should comply with the local formalities, and legal advice is usually conveniently available. The only drawback to this rule is that, if it were not subject to exceptions, the parties' desire could evade
Evasion (law)
In law, the Doctrine of Evasion is a fundamental public policy. Whereas a person may legitimately plan his or her affairs so as to avoid the incidence of obligations or liabilities imposed by the law, no-one is allowed to evade the operation of otherwise mandatory provisions once duties and...
otherwise manadatory provisions in the laws governing their capacity (see "Antenuptual capacity" below). Finally, the effect of retrospective legislation which purports to validate a formally invalid marriage will usually be recognised as an application of favor matrimonii. For the same reason, retrospective attempts to invalidate a narriage will usually fail.
Marriage by correspondence
In the U.S., a common law marriage may be celebrated by the exchange of consents without the necessity of the parties being physically present together. Because one cannot identify the place of celebration without involving the contractual rules of offer and acceptanceOffer and acceptance
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person to another of the offeror's willingness to enter into a contract on certain terms without...
, this form of marriage must usually be valid under the laws of both the states in which the parties were physically resident when they gave their consents, whether by letter, telephone
Telephone
The telephone , colloquially referred to as a phone, is a telecommunications device that transmits and receives sounds, usually the human voice. Telephones are a point-to-point communication system whose most basic function is to allow two people separated by large distances to talk to each other...
, fax
Fax
Fax , sometimes called telecopying, is the telephonic transmission of scanned printed material , normally to a telephone number connected to a printer or other output device...
or e-mail
E-mail
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
.
Proxy marriages
Here, if consent for one or both parties is given by an agent or proxyProxy marriage
A proxy wedding or is a wedding in which the bride or groom is not physically present, usually being represented instead by another person...
, the general view is that the marriage takes place in the state where the proxy gives consent and that law determines whether the form of marriage is valid (Germany and a few others opt for the state in which the proxy was contractually authorised to act, because that is the best evidence as to the validity of the principal party's consent).
Common law marriage by "habit and repute"
In the U.S. and under Scottish law, the parties should reside habitually in one state which accepts this form of common law marriage as valid to establish their intention to marry over time.Essential validity
Many states apply the lex loci celebrationis to all aspects of the validity of marriage, both formal and essential. Indeed, the courts in the U.S., in most states of Latin America and other states including Denmark and South Africa, do not distinguish between validity as to form and as to capacity.Antenuptual capacity to marry
On questions of status and capacity, courts tend to look to the antenuptual lex domicilii, lex patriae or the law of habitual residence as the laws most closely connected to the parties in terms of public policy. For example, the policy of parens patriaeParens patriae
Parens patriae is Latin for "parent of the nation." In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection...
entitles the state to defend the interests of child
Child
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
ren until they are deemed old enough to be responsible for their own decisions. But there can be disagreement as to when childhood ends and adulthood begins. Some states allow persons to marry when they are fourteen. Others allow marriage at the age of sixteen, but only with parental consent. Others allow marriage at eighteen. Suppose that a man, aged over twenty and domiciled in a state that grants capacity to marry at sixteen, travels to a state which permits marriage at fourteen and there goes through a marriage ceremony with a woman aged fourteen and domiciled in that state. If the test of validity was solely by reference to the lex loci celebrationis, this would allow a man to marry a person with whom it would be illegal to have sex in his own state.
To overcome this problem, common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
countries tend to require validity by both sets of personal laws: the so-called "dual domicile test", so long as neither law offends against the public policy of the lex fori. However, there is some support for a reference to the law of the country in which the couple intend to establish their matrimonial home so long as their intention is expressed with sufficient certainty and acted upon. Hence, if the parties are about to go through a monogamous
Monogamy
Monogamy /Gr. μονός+γάμος - one+marriage/ a form of marriage in which an individual has only one spouse at any one time. In current usage monogamy often refers to having one sexual partner irrespective of marriage or reproduction...
ceremony, neither must have a subsisting spouse (in some states, bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
is a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
). If the ceremony is polygamous
Polygamy
Polygamy is a marriage which includes more than two partners...
, all the proposed spouses must have the capacity to marry more than one spouse.
Capacity to marry after a divorce
Under the common law, the capacity to marry a second (or subsequent) time is probably governed by the law of each party's antenuptial domicile. But this ignores the problem of the recognition of a divorce decree. Suppose that the decree is only recognised under one or neither personal law, but is recognised by the lex loci celebrationis. For example, a man domiciled in England obtains a decree in Nevada and immediately marries a Nevadan woman. If English law did not recognise the decree, this would create a limping marriage, valid in Nevada but void on the ground of bigamy in England. The problem is therefore to decide which question takes precedence. Is this a status question or does the recognition of the validity of the second marriage necessarily extinguish the first marriage? There is no clear answer. For a discussion, see the incidental questionIncidental question
In the Roman conflict of laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. The forum court will have already decided that it has jurisdiction to hear the case and will be working through the next two stages of the conflict process,...
.
Impotence or willful refusal to consummate
This is an aspect of the general legal topic of capacity, and it affects essential validity because, in many states, the policy is that marriage is for the procreation of children. Thus, if one spouse has a permanent physical condition at the time of the ceremony which prevents sexual intercourseSexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
, this may void the marriage, make the marriage voidable, or require a divorce decree. The willful refusal by one party to consummate the marriage will not usually be a ground for annulment since this is a question of behaviour rather than capacity and so becomes a matter for divorce. Given the improvement in medical science, the number of conditions producing impotence which cannot be treated with some degree of success is declining. Hence, most modern legal cases must now rely on the ground of the affected party's willful refusal to seek remedial treatment and deal with the case to reflect the fact that the marriage has not been consummate
Consummate
Consummation or consummation of a marriage, in many traditions and statutes of civil or religious law, is the first act of sexual intercourse between two individuals, following their marriage to each other...
d. The fact that one of the parties may be infertile and so cannot produce children is not relevant under this heading although it may be relevant if specific representations have been made to induce the marriage and so affect the validity of consent.
The choice of law is the subject of debate. The claim of the lex loci celebrationis to be applied may be slight if neither party has a connection by way of nationality, domicile or habitual residence, and the parties do not make their home there. There is a better claim by the lex domicilii, lex patriae, or law of habitual residence to apply as an aspect of capacity. To allow the lex fori to apply is to open the door to forum shopping
Forum shopping
Forum shopping is the informal name given to the practice adopted by some litigants to get their legal case heard in the court thought most likely to provide a favorable judgment...
, which might produce "limping marriages" and breach a key policy.
Mistake, duress, sham marriages, etc
A fundamental mistakeMistake (contract law)
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or alternatively an equitable remedy may be provided by the courts...
as to the nature of the ceremony (which would be difficult to prove unless the capacity of one of the parties to understand was affected by a subsisting mental condition, or by the consumption of alcohol or drugs not intended merely to give Dutch courage
Dutch courage
Dutch courage or liquid courage refers to courage gained from intoxication by alcohol. Originally the phrase 'Dutch courage' referred to the courage that results from indulgence in Dutch gin , but 'Dutch courage' can also apply to the gin itself.In 1650 Franciscus Sylvius, a Dutch doctor, created...
) or duress would raise an issue of status. Similarly, if a “sham marriage” is alleged, this would deny the status of a spouse. If one of the parties intended to acquire married status, but alleges that there was no valid consent, whether because of a mistaken belief as to the legal effects of the marriage or because of the behaviour of the other spouse, the affected party's ante-nuptial domicile, nationality, or habitual residence should apply. Otherwise, the lex fori should apply.
Under s12 (c) Matrimonial Causes Act 1973 a marriage may be voidable due to lack of consent. This may be the result of duress, mistake as to identity, unsoundness of mind, or otherwise.
Pregnancy by a third party, or one party has a venereal disease
In some states, these are expressed as "defects" in the condition of one party and the failure to disclose either condition before going through the ceremony affects the consent given by the other. This may be an innocent mistake, i.e., the affected party was not aware of the defect at the time of the ceremony. Or it may be a positive misrepresentation. Regardless, most states test whether the "innocent" party would have gone through the ceremony had he or she been aware of the true circumstances.Prohibited degrees of consanguinity
As a reflection of their public policies, most states prohibit marriages between individuals who have a whole or half blood relationship i.e., consanguinityConsanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
. Similarly, marriages may also be prohibited between individuals who have acquired legal relationships, e.g., by affinity through marriage, adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
, guardianship, etc. Since these policies represent deeply held views within each society, the right of the lex domicilii, lex patriae or habitual residence to apply is usually recognised.