State Recognition of Intercountry Adoptions Finalized Abroad
This issue is not addressed in the statutes reviewed.
Readoption After an Intercountry Adoption
Citation: Rev. Stat. § 19-5-205(1) & (2)
The adoptive parents may petition the court to validate an intercountry adoption that was finalized abroad. The petition must include:
- Confirmation that the petitioner has participated in adoption counseling, if the court deems it appropriate
- The physical and mental condition of the child
- The child’s family background, including the names of birth parents and other identifying data regarding the parents, if obtainable
- Reasons for the termination of the parent-child legal relationship
- The suitability of the adoption of this child by this petitioner and the child’s own attitude toward the adoption in any case in which the child’s age makes this feasible
- The length of time the child has been in the care and custody of the petitioner
The court will issue a decree validating the adoption if it finds that:
- At the time the petition is filed, it contains a verified statement or other evidence that at least one of the adopting parents is a U.S. citizen and State resident.
- The original or a certified copy of a valid foreign adoption decree, together with a notarized translation, is presented to the court.
- The child is either a permanent resident or a naturalized citizen of the United States.
Any decree that validates a foreign adoption that was finalized abroad will have the same legal effect as any decree of adoption issued by the court.
Application for a U.S. Birth Certificate
Citation: Rev. Stat. § 25-2-113(1)(b)
The State Registrar shall prepare a new certificate of birth for any adoptee born in a foreign country and a resident of this State upon receipt of a certified copy of the final decree of adoption and findings of fact as to the person’s date and place of birth and parentage.
The State Registrar shall prepare the new certificate in the new name of the adoptee and seal the certified copy of the findings of the court and the certified copy of the final decree of adoption.
The birth certificate shall be labeled as a certificate of foreign birth and show the country or probable country of birth and that the certificate is not evidence of U.S. citizenship. If the child was born in a foreign country but was a citizen of the United States at the time of birth, the State Registrar shall notify the adoptive parents of the procedures for obtaining a revised birth certificate for their child through the U.S. Department of State.