[dana3262]

I spoke with a lawyer yesterday about Maddy's readoption and was surprised to hear that readoption wasn't necessary any longer. There is a new statute that allows parents who adopted in a foreign country and brought their child home on an IR3 visa can now merely file a "Petition for Registration of a Foreign Adoption"

has anyone else heard of this? I have been following many of you and the suggestions to readopt so imagine my surprise when i was told this. Also on a positive note, this is much less paperwork intensive and much less expensive - $700 vs. $2500

Would love to hear from anyone who knows anything about this ! thanks!!

[robandjulie]

We talked with someone at the family court office here in Syracuse and were told the same thing. The forms are really easy to find online and it's basically a 1-page document. There's a second page but it's all just for signatures.

At the time, though, the clerk asked if we were required to do a post placement homestudy and I said our placement agency did require one so she said we had to wait for that. Not sure how accurate that is, but we weren't in a big rush so that's as far as we've gotten.

[dana3262]

Thanks for confirming this! I wasn't sure it was the right path to take. As far as post placement, my agency is all but out of business, and they didn't have this requirement anyway so that isn't something I need to worry about, correct?

Are you using a lawyer for this? i was told there is a court appearance needed so I thought it might be better if a lawyer was involved.

Again - thanks for the info.

[DPline]

If your child comes home on an IR3 visa, their adoption is considered full and final and they are a US citizen upon entering the United States. Thus readoption is not necessary. With an IR4 visa (both parents - assuming married - did not see the child prior to the adoption being complete in the foreign country) the child enters the US as a legal resident and readoption is necessary to establish the child as a US citizen.

All that said, some states/counties require parents to go through some type of readoption process to get a state issued BC. Which is highly recommended. Also, readoption (regardless of visa type) will give you a US adoption decree which can be much more easily replaced if necessary and some people feel gives an extra degree of security should the foreign adoption decree ever be questioned.

There are some states (mine - Michigan - for example) that do not have any provision for readoption but most do. Personally, I am a proponent of readoption if the option exists and is not cost prohibitive.

[robandjulie]

The new registration basically handles three steps in one: it registers the foreign adoption decree in the state/US records, changes the name, and issues a NY State Certificate of Birth Data.

If you go here: Forms it's the last two documents. One (#28) is the form and the other (#28A) is essentially what the judge will fill out. If you use the word file you can fill stuff in directly. Ours reads almost entirely as follows:

The petitioners (us) respectfully allege to this court that:

1. We are the adoptive parents of Jorge Luis Lastname, who was born on 1/27/07 in Guatemala. The child was adopted in Guatemala on 8/21/08. We are submitting this petition to register the attached Order of Adoption and to change the child's name to Jorge Joseph Lastname.

2. The adoptive parents and child reside at (addresses)

3. The child was granted an IR3 immigrant visa by the USCIS on 9/19/08.

4. The name by which the child is to be known is Jorge Joseph lastname.

Wherefore, the petitioners request an order registering the attached Order of Adoption, changing the child's name, and such other and further relief as the Court deems just and proper.

Then lots of signature

That's it. You just fill in the blanks with names and dates, check the "adoptive parents" boxes instead of the others, and sign & date. I think you have to sign at the court as it includes a place for the clerk of courts to notarize it. No court date is required, I believe.

The response from the court basically repeats all the names/dates and then reads:

Now, upon all the papers and procedings herein, it is ordered that the petition of (your names) for the registraiton of the adoption of (kid's name) is granted and further that the order of adoption granted in Guatemala is registered with the state and has the same force and effect as if it were issued by the state of NY that the child will be regarded & treated as their lawful child and that the name is changed to [new name] and that [lots of junk about storing the records and making them available to US Passport and DMV offices and such if the child applies for something]

We are not bothering with a lawyer. It's a one page fairly obvious form and I don't feel like we'd need one at all.

Julie

[dana3262]

thank you so much!!!

[miam]

Originally Posted by dana3262

I spoke with a lawyer yesterday about Maddy's readoption and was surprised to hear that readoption wasn't necessary any longer. There is a new statute that allows parents who adopted in a foreign country and brought their child home on an IR3 visa can now merely file a "Petition for Registration of a Foreign Adoption"

has anyone else heard of this? I have been following many of you and the suggestions to readopt so imagine my surprise when i was told this. Also on a positive note, this is much less paperwork intensive and much less expensive - $700 vs. $2500

Would love to hear from anyone who knows anything about this ! thanks!!

Yes. We just filed the petition for 28 and 28A. If you live in Queens it is easier. This is something new and there is a lot of people that are not familiar with the process ( surrogate court employees) We just did it two weeks ago in Staten Island and still going back and forth with the person handelling the file. Know a wooman from Queens who did it and had no problems and now...she is just waiting to get her US Birth Certificate.

[Quesita]

Wow!!!!! This is VERY interesting information! Thank you thank you thank you for posting.

One question...if we do this Petition for Registration of a Foreign Adoption will Liana get a NY State birth certificate? I ask, simply because I think that it is really important for her to have access to original documents later in life, in case her bc's get lost or stolen or misplaced or whatever, and she could always get another NY State BC, but if she ever needed an original, it would be really hard to get a Guatemalan BC.

[robandjulie]

Originally Posted by miam

Yes. We just filed the petition for 28 and 28A. If you live in Queens it is easier. This is something new and there is a lot of people that are not familiar with the process ( surrogate court employees) We just did it two weeks ago in Staten Island and still going back and forth with the person handelling the file. Know a wooman from Queens who did it and had no problems and now...she is just waiting to get her US Birth Certificate.

Is the $700 the filing fee or is that what your lawyer quoted you for the service of filling it out and filing it, etc.? I was hoping to do ours soon so we can get his passport in his name (Canada trip this summer) but $700 is more than I expected it to cost.

[dana3262]

$700 is for the lawyer to handle so I would imagine it's a combination of both. I am going to look into doing this myself just to see what it will cost. I'll post for everyone interested as I collect additional information.

Quesita - Yes, there is a NY State birth certificate issued - actually it's called a certificate of Birth Data which I am told is the same thing.

[Quesita]

Originally Posted by dana3262

Quesita - Yes, there is a NY State birth certificate issued - actually it's called a certificate of Birth Data which I am told is the same thing.

WOW!!!! Thank you SO much for this info. It could not have come at a better time. I've been kicking myself for not getting the readoption finished, and last week I was playing telephone tag with two lawyers. I've imagined a mini-paperchase period, full of doctors appointments and all sorts of stuff that is easy to put off.

[merkley3]

Very Interesting. I just printed the forms and plan to take them to our county court tomorrow. Mind you... we live in very Northern NY, where I am sure that I will totally confuse the court officials. Hmmmm this would be great!!

[robandjulie]

Hey all! I called the adoption court's office today to get the details so we could finish ours and it's insanely easy!

1. Fill out the 1st page of the form as above and have your signatures on the 2nd page notarized (bank, library, etc).
2. Get an "attorney certified original" made of your adoption decree and its translation. This is just a matter of making the copy and getting an attorney to sign a "True and accurate copy of the original" statement.
3. Make a copy of the IR-3 page of the Visa (if you're already at the attorney for #2, go ahead and get it certified, but she said it doesn't have to be)
4. Mail that to the clerk's office.

There is NO FILING FEE AT ALL. NONE. Free! Yay!

The only cost is a $30 fee for each copy of the BC you request to have sent to you.

The process from there:
1. They'll process the forms and call us to let us know it's done.
2. They'll mail us the completed forms to verify names/SSN/etc. We'll sign it and mail it back.
3. They'll finish it up and send it off to the BC amendment area to have the new BC created. (the BC itself can take 8 weeks to 6 mos here, she said, b/c of recent cutbacks in staffing there. Makes Mixco & Coban seem reasonable, huh?)
4. We can request to either have the final signatures of the judge done in chambers and the decree sent to us by mail OR we can request to come in for an informal ceremony with friends & family when it's done if we still want the experience of the adoption day.

That's it!!!

ETA: Oh, and she said it would take about 2-3 weeks from when we mail the form in until we either get the decrees back or can go in for the adoption day.

She said this whole "filing of a foreign decree" was done to try to cut fees out of the system to encourage international adoption. Isn't that amazing!?

[sak9645]

Remember that current U.S. policy allows automatic citizenship to take effect if EITHER readoption OR "recognition" is carried out for children who come home on IR-4 visas.

Some states have a readoption process, some states have a recognition process, and some states have both processes as options.

Readoption is a judicial process; that is, a judge declares you to be the legal parent of your child. In some jurisdictions, such as DC, the paperwork and other requirements are almost identical to what is needed for a domestic adoption. You may have to have a homestudy update, postplacement visits, new police and child abuse clearances, etc. Other states have lesser requirements.

In some states, the readoption process is complex enough that using an attorney is mandatory or strongly recommended. I used one for my DC readoption, since DC Superior Court is a zoo at the best of times, and even with one of the best adoption lawyers in the region, the judge wanted a whole bunch of things resubmitted. However, some states make readoption easy enough that a person can do it without a lawyer.

In most states that offer it, recognition is not a judicial process. It is an administrative process. That is, a judge does not confirm you as the parents. You go to a state office building, submit some fairly simple paperwork, and obtain a document that says that your state RECOGNIZES the foreign adoption as valid and that no further action is needed to make you the legal parents. You rarely need an attorney to help you. I have heard of states, however, that have a hybrid system, where there is a simple judicial process that affirms the validity of the foreign adoption.


Sharon

[robandjulie]

Originally Posted by sak9645

Remember that current U.S. policy allows automatic citizenship to take effect if EITHER readoption OR "recognition" is carried out for children who come home on IR-4 visas.

Some states have a readoption process, some states have a recognition process, and some states have both processes as options.

Readoption is a judicial process; that is, a judge declares you to be the legal parent of your child. In some jurisdictions, such as DC, the paperwork and other requirements are almost identical to what is needed for a domestic adoption. You may have to have a homestudy update, postplacement visits, new police and child abuse clearances, etc. Other states have lesser requirements.

In some states, the readoption process is complex enough that using an attorney is mandatory or strongly recommended. I used one for my DC readoption, since DC Superior Court is a zoo at the best of times, and even with one of the best adoption lawyers in the region, the judge wanted a whole bunch of things resubmitted. However, some states make readoption easy enough that a person can do it without a lawyer.

In most states that offer it, recognition is not a judicial process. It is an administrative process. That is, a judge does not confirm you as the parents. You go to a state office building, submit some fairly simple paperwork, and obtain a document that says that your state RECOGNIZES the foreign adoption as valid and that no further action is needed to make you the legal parents. You rarely need an attorney to help you. I have heard of states, however, that have a hybrid system, where there is a simple judicial process that affirms the validity of the foreign adoption.


Sharon

That's a good point. This "registration of a foreign decree" that NY State offers is (A) Only for those on an IR-3 and (B) Optional.
But for those home on IR-3 and wanting to do a name change and get a BC, it really could not be much easier, which is a huge blessing.

Those on IR-4s still have to go the more traditional re-adoption route to complete the paperwork.