[rickyloca1999]

Hi everyone,

The acting governor just signed a new law which will allow children who are brought home on an IR3 visa to not have to go through the readoption process. In other words If the adopting parents saw their child before the adoption was final their foreign adoption will be recognized by the state of NJ. This is great news!

[BrandyHagz]

That’s awesome!

There is also a current bill on the Senate floor that would process of obtaining approval for adoption and as well as create a new class of visas for children adopted internationally, its called the ICARE Act.

You can read more about it here: http://www.passicare.com/index.shtml

Establishes an Office of Intercountry Adoptions within the Department of State (DOS). Requires the President to appoint an Ambassador at Large to head the Office. Transfers to the Office all immigration functions with respect to intercountry adoptions currently performed by the Department of Homeland Security (DHS). Amends the Immigration and Nationality Act to grant automatic U.S. citizenship to internationally adopted children upon entry of a full and final adoption decree (thus dispensing with the need for such children to obtain visas). Creates a new W nonimmigrant visa category for children traveling to the United States to be adopted by U.S. citizens. Allows adopted children age 18 or under to claim an exception to immunization LowerBody for purposes of admissibility (currently limited to those age 10 or under). Redefines the term "adoptable child." Requires U.S. citizen adoptive parents to obtain approval of an adoption petition prior to issuance of a W visa or a full and final adoption decree. Provides that such petitions are subject to the terms applicable to orphan petitions. Directs the Ambassador to issue regulations:
(1) establishing an expedited reapproval process for families whose prior approvals to adopt have expired; and
(2) governing the appeal of petition denials. Requires the Office to determine whether a child is an adoptable child, pursuant to specified procedures, as a prerequisite to the issuance of a W visa or a full and final adoption decree.

[cmc]

How awesome!
Is there any info on the internet about this? I searched the internet but couldn't find anything referring to this law. I am just beginning the re-adoption process in NJ and would be thrilled if I didn't have to proceed!!

[jerseytoo]

CMC, I'm not sure if we can post the links so I will PM you two links with info on the bill that was passed. One is the link to the bill the other is a site by a NJ parent active in international adoption who did a FAQ website.

Mindy

[Bassette]

A word of caution

Our state already has that law in place and although it is a great law I strongly encourage NJ residents to do readoption anyway. This will provide your internationally adopted child a US birth certificate which will simplify things like enrolling in school, etc.

We came home on an IR3 and even though our state does not require readoption most families do it for this reason. Something to look into.

I hope all states eventually adopt this law!

[rickyloca1999]

Ok I am confused I thought you were able to obtain a US birth certificate.

Originally Posted by Bassette

A word of caution

Our state already has that law in place and although it is a great law I strongly encourage NJ residents to do readoption anyway. This will provide your internationally adopted child a US birth certificate which will simplify things like enrolling in school, etc.

We came home on an IR3 and even though our state does not require readoption most families do it for this reason. Something to look into.

I hope all states eventually adopt this law!

[Bassette]

You can if you go through the court and readopt. Otherwise you will only have the Guatemala birth certificate for your child. When you present the Guat BC to school, employer etc. it can cause confusion and they may ask for other documents.

This is our main objective in doing the readoption even though our state does not require it.

Talk to your SW or adoption attorney and they will explain what happens in NJ during a readoption. I'm sure others will chime in here on the board too.

[cmc]

From what I have been reading getting a nj birth certificate is one of the changes they made with this new law. You can finally get a NJ issued birth certificate without going thru the readoption. this is always soo confusing!

[KayV]

As long as you get the new U.S. birth certificate, then it sounds like a great change for your state. It's important to readopt your child in order to get the U.S. birth certificate. I can't imagine having to deal with Guatemala later down the road when more original birth certificates were needed. Also, when you readopt, your state and government is sort of putting their approval on the adoption, adding an extra layer of security for you.

KayV

[jerseytoo]

Just to confirm for everyone. This law provides that a child whose parent's reside in NJ and bring a child home on an IR-3 visa can apply for a NJ state birth certificate. This law is also retroactive so if your child was brought home 2 years ago on an IR-3 and you currently live in NJ (even if you didn't when you brought the child home) you can apply for the NJ birth certificate.

[lexiesmom]

While this is very encouraging, like Steph, there are issues that are evident even if the state "recognizes" the foreign decree. So, I would also encourge NJ families to complete the readoption process. It is really not a very big deal at all. You can file for it yourself, not using attorney, for about $175 depending on the county you reside in. The NJ decree declares your child a US citizen and gives them all of the same rights as a child born here. It is also easier to obtain US citizen documents such as a US passport and also the NJ birthcertificate.

Just my $.02 (having done it 2x already)

Donna

[cmc]

In our county (Passaic), it is costing us $175 PLUS an additional $1000 for the 3 post placement visits that is required, plus $136 each for another set of fingerprints plus $60 for CHRI forms, otherwise it wouldn't be a second thought to readopt thru the courts.