| Re-Adoption Readoption is the process by which a U.S. court in the adoptive parents' state of residence reviews the foreign adoption documents and formally recognizes the foreign adoption's validity under state law. To the extent the court is satisfied that the requirements of state law have been met, it will issue a new adoption decree stating its approval of the adoption. The legal requirements and process vary substantially from state to state, and, within a state, by county. Many families ask whether they need to re-adopt upon their return home. The answer to this question depends on a number of factors, including whether the child's foreign adoption decree is recognized as full and final under U.S. immigration law. As a rule of thumb, if the child was issued an IR-4 visa (even on a full and final foreign adoption), the family will need to re-adopt in order to acquire U.S. citizenship for the child. If the child was issued an IR-3 visa, the adoption will be legally recognized as full and final by the U.S. for citizenship purposes. Under current immigration process, the adoptive family will receive the child's certificate of citizenship automatically approximately 45 days after arriving home to the US. Nonetheless, it is strongly recommended that an adoptive family not rely solely on a foreign adoption decree as proof of the validity of the adoption, but, rather, that the family take steps to formalize or "Confirm" the adoption in its state of residence. Some states make this easy by formally recognizing under its law the validity of a foreign adoption decree. In these states, the process may be merely administrative. In others, a family is forced to go through the judicial process similar to a domestic adoption. Re-adoption is strongly recommended for a number of reasons. First, readoption ensures that the foreign born child will not be treated differently from biological children on issues such as inheritance or guardianship. Readoption preserves the child's rights under the law and eliminates the ability of a third part to challenge the legality of the parent-child relationship at a future time. It's always best to dot the i's and cross the t's so that your child can receive all of the benefits of being your child and US citizenship without question at a future time. Real world Example. Re-adoption ensures that all states will recognize the validity of your foreign adoption should you someday move to a state that does not do so as a matter of law. Further, re-adoption ensures that you will always have an easily recognizable adoption decree in English, rather than a foreign decree and translation, whose validity and content may be more difficult to demonstrate to those unfamiliar with adoption law. Re-adoption also ensures that you can acquire another adoption decree in the future should your foreign decree be lost or destroyed. In addition, re-adoption affords the family an opportunity to change the child's name should they wish to do so, and to obtain a U.S. birth certificate for future use (some states will require a U.S. adoption decree as a prerequisite). Finally, the re-adoption process affords an adoptive family peace of mind that no one can ever challenge the validity of their parentage, in the US or abroad, even if adoption laws subsequently change in the future. And if the child commits any wrongdoing in the future, re-adoption and acquisition of U.S. Citizenship prevent him or her from deportation to their country of origin. Equality for Foreign Born Children |
| Deborah E. Spivack Member, American Academy of Adoption Attorneys Law Offices of Deborah E. Spivack Serving Clients in PA, NJ and DE PA: P.O. Box 56182, Philadelphia, PA 19130 NJ: P.O. Box 3433, Cherry Hill, NJ 08034-0332 DE: 800 King Street, 1st Floor, Wilmington, DE 19801 215-763-5550 (t), 215-763-5553 (f) Debbie@familybuildinglaw.net www.familybuildinglaw.net |