What Is Readoption?

If you have considered international adoption, you have probably found out that there are many, many hoops that you will need to jump through. The logistics of adoption in general are, understandably, complex and vast. The international level of adoption has added layers of complexity. Once an adoption is finalized in a foreign country, the finalized adoption may not necessarily be recognized back in the U.S. This is where readoption comes in.

Overview of Readoption

Readoption is a process where the parent or parents of an internationally adopted child present the details of the adoption abroad to a U.S. State Court and the State Court issues a new adoption decree. The new adoption decree is independent of the foreign decree of adoption and states that the child has, in fact, been adopted in compliance with the applicable state adoption laws. The nature of the required documentation, as well as the procedures relating to readoption, vary from state to state.

Readoption needs to be distinguished from a finalization of an adoption. When a child is coming to the U.S. for the purpose of being adopted and no adoption proceedings have been completed abroad, that is when finalization is necessary. The central purpose of readoption is to help ensure that your internationally adopted child is afforded all of the rights he or she should have under U.S. Federal and State law.

Some states may require readoption if a final adoption decree issued by a foreign country is not given the same recognition as a final adoption decree issued by the state. Even in the event that the state does recognize a final adoption decree issued by a foreign country, U.S. Office of Citizenship and Immigration Services (USCIS) may need you to proceed with readoption in order for your child to gain U.S. citizenship. USCIS, however, will often waive this readoption requirement if there is enough proof that the state has recognized the validity of the foreign adoption.

Generally speaking, however, readoption can be very helpful, regardless of what state you live in. Going through the readoption process will generate an order from a U.S. court recognizing the validity of the adoption. Presenting a foreign document regarding a finalization of an adoption may be too easily subject to challenges and causing confusion. Readoption will allow the adoptive parent or parents to not only get an adoption decree, but also a birth certificate issued by their state of residency.

Immigration Law Attorneys

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com