Re-Adoption or Domestication of a Foreign Adoption

international adoption attorney Kansas_ Williams Family Law

For families wishing to adopt internationally, I will share my knowledge in navigating and understanding the process.

Once you return home with your child, I will assist in obtaining a state issued birth certificate through the re-adoption or other administrative process. As of April 1, 2008, if your child is adopted from a Hague Country, you should be able to obtain a United States Hague Adoption Certificate without any further legal process in your home state. 

Re-adoption or domestication of a foreign guardianship or adoption involves a “re-adoption” process in the adoptive parents' home state when a family has a final adoption or guardianship from another country.  Depending on the type of visa with which the child enters the United States, this may or may not be necessary in order to complete the immigration process. The reasons to go through the re-adoption process include: changing the child's name if necessary, having state-specific documents (final adoption decree) that can be used if needed instead of a Foreign Decree (often only one provided), and to obtain a Certificate of Birth from your state for foreign born children. Many states have an administrative process to obtain the Certificate of Foreign Birth if a name change and additional documents are not needed.  It is important to note that a Certificate of Birth does NOT establish citizenship and the document itself will state that it is not proof of citizenship.

If you go to:

http://adoption.state.gov/hague_convention/adoptions_from_us/certificates.php, follow the link to Form DS 5509, you can request the Certificate.  

However, it is recommended that clients who adopt internationally complete a re-adoption in their home state. The reasons to go through the re-adoption process include changing the child's name if necessary, having Kansas documents (final adoption decree) that can be used if needed instead of using a Foreign Decree (often only one provided) and to obtain a Certificate of Birth from Kansas for foreign born children. Kansas has an administrative process to obtain the Certificate of Foreign Birth if a name change and additional documents are not needed.  A Certificate of Birth does NOT establish citizenship and the document itself will state that it is not proof of citizenship.

For information on actions you should take post adoption click here: http://www.adoptivefamilies.com/pdf/PostAdoptPaperwork.pdf

Below are helpful links for International adoption forms.  

U.S. Citizenship and Immigration Services

U.S. Department of State

  • Form DS-11 Application for U.S. Passport or Registration
  • Form DS-230 Application for Immigrant Visa and Alien Registration
  • Form I-600A Application for Advance Processing of Orphan Petition
  • Form I-600 Petition to Classify Orphan as an Immediate Relative
  • Form I-800A Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country
  • Form I-800 Petition to Classify Convention Adoptee as an Immediate Relative
  • Form G-28 Notice of Entry of Appearance as Attorney or Representative.
  • Form I-864A Contract Between Sponsor and Household Member
  • Form I-864 Affidavit of Support Under Section 213 of the Act
  • Form N-600 Application for Certification of Citizenship
  • Form N-600K Application for Citizenship and Issuance of Certificate under Section 322
 
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Contact us for a free initial consultation about Domestication of a Foreign Adoption

Lisa Williams-McCallum, Williams Adoption Law