26.27.041  <<  26.27.051 >>   26.27.061

International application of chapter.

(1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.
(2) Except as otherwise provided in subsection (3) or (4) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Article 3.
(3) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
(4) A court of this state need not apply this chapter if the law of a foreign country holds that apostasy, or a sincerely held religious belief or practice, or homosexuality are punishable by death, and a parent or child may be at demonstrable risk of being subject to such laws. For the purposes of this subsection, "apostasy" means the abandonment or renunciation of a religious or political belief.

NOTES:

Application2021 c 23: "This act applies to child custody proceedings or proceedings to enforce a child custody determination pending as of April 14, 2021, or commenced on or after April 14, 2021." [ 2021 c 23 § 2.]
Effective date2021 c 23: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 14, 2021]." [ 2021 c 23 § 3.]
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