Readoption

You make some excellent points. I want to summarize federal law concerning the need for readoption/state "recognition", and then discuss what parents can and should do, whether or not readoption/recognition is needed in their case. First off, under U.S. law, if BOTH spouses in a married couple, or a person adopting as a single, travel to a foreign country and see the child BEFORE a final decree of adoption is issued in that country, the child will be issued an IR-3 visa by the U.S. Embassy in the country. With countries that require both spouses to meet the child and later go to court to finalize the adoption, whether on a single trip or in a two-trip process, an IR-3 will always be issued. So families adopting from countries like Russia don't have to worry about readoption or recognition unless their state requires it or unless they choose to do it. Some countries, like China, allow either one spouse or both spouses in a married couple to travel, see the child, and then obtain a final decree of adoption. An IR-3 will be issued ONLY if both spouses or the person adopting as a single, travel. An IR-3 CAN be issued if both spouses travel, meet the child, and go through the final adoption, but one spouse leaves to go home before the Consular visa appointment. The family should simply be prepared to prove that the absent spouse saw the child before the issuance of the final decree. With some countries, such as Guatemala, a final decree of adoption will be signed overseas before the parents travel to pick up their child, or before the child is brought to the U.S. by an escort. In such cases, an IR-3 cannot be issued unless the country allows visitation before the decree is signed and both parents visit the child. The family should be prepared to prove that both spouses saw the child prior to the issuance of the decree. With some countries, such as Korea, families receive their children under a decree of guardianship and do not actually finalize overseas; the children are adopted in the U.S. In such cases, regardless of whether the parents travel to pick up the children or use an escort, an IR-3 can NOT be issued. Here are the implications of an IR-3 visa: 1. If a child is issued an IR-3 visa, the parent(s) do NOT need to readopt or obtain a recognition to satisfy federal requirements, because the government considers the adoption to have been "full and final" overseas. They may, however, need to readopt to satisfy requirements in their home state, or they may choose to readopt for a variety of reasons I'll mention below. 2. If a child travels home on an IR-3 visa, he/she becomes an automatic U.S. citizen as soon as he/she enters the U.S. A certificate of citizenship will be sent automatically to the family within about 60-90 days of homecoming. The family does not have to apply for one or pay fees. 3. If a child travels home on an IR-3 visa, the family should take the federal adoption tax credit in the year that the child enters the U.S. (If there is unused credit that year, the balance can carry over for up to 5 years.) If only one spouse in a married couple travels, or if no parent travels, and sees the child before the issuance of a final decree of adoption overseas, an IR-4 visa will be issued to the child. An IR-4 visa will also be issued in cases where a child is not actually adopted overseas, but is brought to the U.S. under a decree of guardianship for adoption here. Here are the implications of an IR-4 visa: 1. If a child receives an IR-4 visa, the U.S. government does NOT consider the child to have had a "full and final" adoption, even if the foreign government considers it to be one. If a final decree was issued overseas, the child must be readopted in the U.S. OR a state recognition must be done, for the adoption to be full and final. If a final decree was not issued overseas, the child must be adopted in a state court. 2. If a child comes home on an IR-4 visa, he/she does NOT become an automatic citizen upon entering the U.S. He/she does not become an automatic citizen until the family adopts or readopts the child or does a state recognition. Once the family has finalized or readopted in a state court, or done a state recognition, the child becomes an automatic citizen. The parent(s) will have to use the N-600 to apply for a certificate of citizenship for the child, and to pay the usual N-600 fee. 3. If a child comes home on an IR-4 visa, the family should take the federal adoption tax credit in the year that adoption, readoption, or recognition occurs in the U.S. Be aware that there is "safe harbor" legislation that will protect adoptive families if they file for the adoption tax credit in the wrong year because of ignorance of the IRS requirements. They will not be considered as committing an illegal act, as long as there is no intent to benefit financially from filing in the wrong year. Also, be aware that U.S. ratification of the Hague Convention on intercountry adoption, scheduled to occur next year, may change the visa classifications for some adopted children. Regarding readoption and recognition, let me summarize some facts: If your child comes home on an IR-4 visa and a final decree was issued in the foreign country, some people think that you "must" readopt. In fact, you may actually have two options -- readoption and recognition, if your state permits both options. IR-3s also have these options. Readoption is a legal process. In some jurisdictions, especially the District of Columbia, the process for readoption and domestic adoption is almost the same. You may need post-placement visits, a homestudy update, new police and child abuse clearances, and so on. The result of readoption is an order by a judge that declares you to be the legal parent of your child under the laws of your state. If the name on your child's foreign documents is his/her foreign name, you can ask the judge to include in the readoption order a legal name change from the foreign name to the first and last names you plan to use for him/her. In some states, readoption can be accomplished fairly quickly and easily, without an attorney. In others, however, the process can take several months and involve attorney fees, as well as the usual fees for a homestudy update, police clearance, etc. SOME, but not all, states offer internationally adoptive parents an alternative to readoption, called "recognition" of the foreign adoption. Recognition is NOT a legal process. You do not use a lawyer or go before a judge. Basically, it is an administrative process. A state office reviews your adoption paperwork and, if it is in order, concludes that the state will RECOGNIZE your foreign adoption as valid. You receive a document indicating that the state recognizes the adoption as valid. You may use EITHER a readoption decree or a recognition document to satisfy U.S. government requirements for children coming home on IR-4 visas. Either document can be used when filing the N-600 for a certificate of citizenship. Although recognition is usually more convenient than readoption, it does have significant limitations that may make some families prefer readoption. Here are some examples: 1. Because recognition is not a judicial process, you cannot use it to obtain a legal change of name for your child. And you MUST obtain a legal name change if only your child's foreign name is on his/her legal documents such as his/her foreign adoption decree, foreign birth certificate, and foreign passport. If you need to change the name and do not do it via readoption, you will need to find out what alternative mechanisms your state has for doing legal name changes. 2. In some, but not all, states, you must readopt in order to get a state certificate of foreign birth for your child. A recognition statement won't be adequate, in these states. You SHOULD obtain a state certificate of foreign birth for your child, since you will need to provide proof of his/her birthdate on many occasions, and a state certificate will be more recognizable and acceptable than your child's foreign birth certificate. The foreign certificate may also include some information that you wish to keep private. As an example, my daughter's Chinese birth certificate makes it clear that she was an abandoned child, with unknown birthparents and place of birth. While many people know that abandonment is the only way some women can make adoption plans in China, it really isn't necessary for a clerk at a school to know this fact of Becca's life. Her Maryland certificate of foreign birth, on the other hand, lists me as her legal parent and Xiamen as her birthplace. 3. A recognition simply indicates that your state recognizes your foreign adoption as valid. It does NOT mean that any other state to which you may move will necessarily recognize the foreign adoption. Some families prefer to readopt because a readoption decree, issued by a state court, will definitely be recognized by other states. 4. A recognition document, alone, will not be acceptable as proof that you are the legal parent of your child, if you are ever questioned when traveling, at a hospital, etc. You will usually have to present it with the foreign adoption decree. And without the recognition document, the foreign adoption decree may not be easily recognized as valid and legal. An adoption decree issued by a state is the most widely accepted proof that you are the legal parent of your child. 5. A readoption decree MAY be more useful in preserving inheritance rights, although a recognition statement may carry some weight. 6. A recognition statement is useless if your foreign documents are ever lost or destroyed. It has value only in indicating that the state accepts the validity of the foreign adoption and its associated paperwork. So if you had to prove that your child was legally yours, you would need to have both the foreign paperwork and the recognition statement. And it could be very difficult to obtain replacements for lost or destroyed foreign documents. On the other hand, if you lose your foreign paperwork, but have a readoption document, this document would, all by itself, prove the relationship between you and your child. You would not have to present any foreign documents. Basically, at this point in time, I believe in readoption where it is possible. However, I am aware that some states make readoption such a "bear" that using the recognition option, and then doing whatever else is needed to do a legal name change, is appropriate. For people who will be adopting from a Hague-compliant country in the future, I would suggest that you discuss with an adoption or legal professional whether implementation of the Hague in the U.S. will completely remove the need for readoption, before starting the process. Sharon

Did you require an atty for your readoption in NY state? We are having the same name issues although we have IR3 visas for our siblings. The name problem is a mess. Do we need a homestudy ( a problem since one is away at college) etc.etc. jo

Many people who do not choose to readopt or do not have the option of readoption because their state doesn't offer it simply do a legal change of name. Just call your courthouse and ask how to do a legal name change. It's the same process for your child as for someone who simply doesn't like his/her name. Basically, you will need to prove to a judge that you are the legal parent of your child and entitled to make the name change, and that you are not making the name change for any fraudulent purpose, but simply to give your child the name of your choice. It's usually a pretty straightforward process, and not very expensive. There's no need for anything like a homestudy update or post placement visits, since the name change is not in any way associated with adoption. Personally, I readopted my daughter because I believed in readoption. I lived in DC, where the process is a royal pain and using an attorney is a very good idea. The easiest part of the process was getting a statement included in the adoption decree to the effect that my daughter's name was changed to Rebecca Joy Chufang K...... If you use readoption to do a legal name change, let me suggest that you ask your lawyer (if you use one) whether the readoption decree can include both the old name and the new name. In other words, ask if it can say something like, "The child, formerly known as Zeng Chufang, will now be known as Rebecca Joy Chufang K......." Some states do not include the old name in readoption decrees, because the procedures date from a period when most adoptions were closed and the adoptive family was not supposed to know any identifying information about the birth family, such as the last name. Unfortunately, there have been problems at Social Security and elsewhere, when nit-picking clerks want proof that the child referenced in the readoption decree and the child referenced in the original adoption documents are one and the same. The inclusion of both names in the readoption decree would solve that problem. Sharon

I live in GA and adopted my daughter from Guatemala 3 years ago. We didn't know about or understand about the readoption process. Is there anyone who has been through the process in GA and can tell me if we can do it by ourselves or do we need an attorney? Thank you so much.

Just to add to SAK9645 post, once you have your US BC and your name matching COC you won't need to worry about any adoption decrees (somes states actually seal these when filing for new BC). The only paperwork that is needed for your child after all steps have been completed would be the BC & COC just as a bio child born out of the US.