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  #1  
Old 01-12-2009, 07:22 AM
romania97 romania97 is offline
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understanding re-adoption under nj law

I am about to begin the process of readoption within the County Surrogate Court of NJ. and having difficulty finding someone to speak to within the system who is COMPASSIONATE enough to simply explain and lay out the requirements to me. I've spent days reading on .gov websites and still lack a satisfactory understanding of the whole process. I would like to correspond with someone who has completed a foreign readoption in NJ for any help I might gain from them sharing their experience with me. It would be most helpful hearing from someone who has done this without an attorneys assistance as that is how I, unfortunately, must handle this. Also, is there anyone who was able to do this WITHOUT possessing the required CERTIFIED ORIGINAL FOREIGN DECREE (all I have is the CERTIFIED TRANSLATION of said Decree, not in the foreign language) I am hoping that I will not need to fly to Romania to obtain this document. Lastly, my children came here on IR-4 visa status. Can someone help me?
PLEASE!
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  #2  
Old 01-12-2009, 11:43 AM
sak9645 sak9645 is offline
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Here is some information:

State Statutes Results

New Jersey
Adoption
Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 333 KB) publication.

Effect and Recognition of a Foreign Adoption Decree
Citation: Ann. Stat. § 9:3-43.2

A final judgment of adoption granted by a judicial, administrative, or executive body of a jurisdiction or country other than the United States shall have the same force and effect in this State as that given to a judgment of adoption entered by another State, without additional proceedings or documentation if:
The adopting parent is a resident of this State.
The validity of the foreign adoption has been verified by the granting of an IR-3 immigrant visa, or a successor immigrant visa, for the child by the U.S. Citizenship and Immigration Services.


Readoption After an Intercountry Adoption
Citation: Ann. Stat. § 9:3-43.1

Notwithstanding the provisions § 9:3-37, et seq., or any other law to the contrary, an adopting parent shall not be required to petition a court in this State for adoption of a child if:
The child was adopted under the laws of a jurisdiction or country other than the United States.
The validity of the foreign adoption has been verified by the granting of an IR-3 immigrant visa, or a successor immigrant visa, for the child by the U.S. Citizenship and Immigration Services.
If an adopting parent chooses to file a petition for adoption in this State, a court may grant a judgment of adoption without requiring the consent of a parent otherwise required pursuant to § 9:3-41 if the petitioner files with the petition a judgment of adoption, guardianship, or termination of parental rights granted by a judicial, administrative, or executive body of a jurisdiction or country other than the United States that is in compliance with the laws of that country.

Application for a U.S. Birth Certificate
Citation: Ann. Stat. § 26:8-40.1

The State Registrar may file a new birth certificate for any child born in a foreign country who was not a citizen of the United States at the time of the child's birth, whose adopting parent is a resident of this State, and who is adopted:

Through a court of competent jurisdiction in this State
Under the laws of a jurisdiction or country other than the United States and has been granted an IR-3 immigrant visa, or a successor immigrant visa, by the U.S. Citizenship and Immigration Services
The new certificate shall be filed upon receipt of:

A request for the certificate from the court, the adopting parent, or the adopted person if he or she is age 18 or older
Proof that the adopting parent is a resident of this State
An official copy of the judgment from the jurisdiction or country in which the child was adopted
A certified translation of the foreign adoption
Proof of the date and place of the child's birth
Proof of IR-3 immigrant visa status or a successor immigrant visa status
When applicable, the State Registrar may file a new certificate for any child who is not a citizen of the United States and who is adopted by a resident of this State. The certificate shall bear the notation ''by adoption.'' The notation may be removed at any subsequent date upon submission of acceptable proof that the child has become a citizen of the United States.

Sharon
__________________
Sharon, age 64
Mom to Rebecca
born 10/18/95
adopted 5/5/97
Xiamen (Fujian prov.), China
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  #3  
Old 01-12-2009, 11:45 AM
sak9645 sak9645 is offline
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You can also find the requirements at:

http://stage.childwelfare.gov/system...countryall.pdf


Sharon
__________________
Sharon, age 64
Mom to Rebecca
born 10/18/95
adopted 5/5/97
Xiamen (Fujian prov.), China
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  #4  
Old 01-13-2009, 05:38 PM
romania97 romania97 is offline
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Thanks for your response, Sharon.
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