Readopting
Your Child From Overseas
Under US Citizenship and Immigration Services
(CIS) regulations, children who were not seen
by all relevant parents prior to their overseas
adoptions are not considered to have full and
final adoptions. They must be readopted
in the state where they will be residing. This
rule applies even in cases where the foreign country
considers such adoptions final. One implication
of the US CIS position is that children who were
not seen by all relevant parents prior to their
overseas adoptions cannot be considered automatic
citizens until readoption occurs. Children who
were seen by all relevant parents will have been
issued IR-3 visa and will be eligible for automatic
citizenship. Children who were not seen by all
relevant parents prior to the overseas adoption
will have been issued IR-4 visas, and are required
by US CIS to be readopted before becoming citizens.
Once a re-adoption is completed in a State court,
parents can request a birth certificate be issued
from the State's Department of Vital Statistics.
Although US CIS does not require readoption for
children who were seen by all relevant parents
prior to their overseas adoptions, and who traveled
home on IR-3 visas, Joint Council recommends readoption
in these cases. One reason is that U.S. adoption
documents are much more easily replaced than foreign
ones if they are lost or destroyed. They are also
more recognizable by schools and other organizations
to which they may be presented. In addition, readoption
may make it easier for families to change their
children's foreign names and to obtain state birth
certificates for them. Some attorneys feel that
readoption could help to protect a child's inheritance
rights.
Readoption is a state function, and procedures
are not uniform among the states. Parents
may obtain information about readoption from their
state court system or via their Joint Council
member local service (homestudy) agency or placement
agency. Families should recognize that some states
have readoption requirements such as post-placement
visits and/or the updating of some documents,
such as child abuse and police clearances.
In some states, procedures for readoption are
fairly simple, and a family may feel that using
an attorney is not necessary. In others, using
an attorney is advisable. Local service agencies
may be able to provide the names of attorneys
familiar with readoption cases, but families may
also contact their State Bar Association or the
American Academy of Adoption Attorneys.
State Information: Please consult
the National Adoption Information Clearinghouse's
Summary
of Laws Regarding International Adoptions Finalized
Abroad informational flyer.
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