[misshawna]

The scenario is a little consfusing, so bear with me as I explain...

We adopted our son, Jaxon, almost 5 years ago in Krasnoyarsk Russia. We were residents of Oklahoma at the time. After tens of thousands of dollars in expenses and miles of red tape, we were too worn out to think about the readoption when we returned to the States. In the mean time (the plot thickens), we have moved and are now residents of Missouri.

My cousin is an attorney in Oklahoma, and she said Oklahoma will not do the readoption now because we don't reside in Oklahoma at this time. However, I did call the vital records department in Oklahoma, and they will issue an Oklahoma birth certificate IF I send them proof of residency in Oklahoma at the time of the adoption, a copy of the foreign birth certificate and translation, an ORIGINAL of the adoption decree and translation.

Here are my questions for other adoptive parents. I realize you can't give legal advice, but I would like opinions from others who have been there:
In your opinion, how important is it that we complete the readoption if Missouri will allow it? I know our adoption is legally recognized by the US and Missouri. He is a US Citizen. We have a citizenship certificate and he has a social security card.
Will Missouri do a readoption for us since we live in MO now? My cousin cited Missouri Statute: Readoption After an Intercountry Adoption Citation: Rev. Stat. § 453.170(3).
If Missouri will do a readoption, will a notarized copy of the certified copy of the adoption decree work for a readoption? I ask this because the vital stats department of Oklahoma requires the ORIGINAL certified copy of the adoption decree for the sealed file in order to get his birth certificate. I don't think I can get another original certified copy of the adoption decree from Russia. That would just be a nightmare to even try.

I appreciate any information and assistance you can give me. I want to do the birth certificate as soon as possible, but I don't want to mail off that original document if it is imperative that we have it for a readoption. It is kind of a catch 22!

I am actually leaning towards not worrying about the readoption sincem y main concern was an English / American birth certificate anyway.

Thanks again!

Shawna

[pwnort64]

Another thing to look into is a "Recognition of Foreign Adoption". I am in the process of doing this. It isn't as complex as a full-blown readoption, but it gets me a Texas-issued birth certificate to use for things such as school registration.

I do not think it matters where you live now or where you lived then. For me, I know I could file it in any county in Texas...some are more "friendly" to this process than others. I am not sure I could go and do it in another state other than the one I am residing in now.

Is there a reason you would rather do it in OK vs MO? Or is it just a matter of where you lived at the time that the adoption occurred?

[misshawna]

I don't prefer one over the other. Both states have told me what they will and will not do...

Oklahoma won't do the readoption b/c we don't live there now. Missouri won't do the birth certificate b/c we didn't live there when the adoption took place.

So... the only option is to do the birth certificate in Oklahoma and the readoption or recognition of foreign adoption in Missouri b/c we live there now. MO isn't all that adoption friendly, from what I have heard and a lot of things are based on county rather than state. It is all confusing.

We should have just done it when we first got home, but like I said, I couldn't even think of more paperwork and more money at the time. Live and learn.

Like I said in my first post, Oklahoma will do a birth
certificate without the readoption or anything else like that, as long as I can prove we lived in Oklahoma at the time of the adoption, which is not a problem. I am leaning toward just doing that b/c my biggest concern was birth certificate anyway... not all the inheritance mumbo jumbo.

[DPline]

You might want to cross post your question on the Guatemala board. I know there are at least a couple 'regulars' there who are in MO and I believe readopted who should be able to give you more info. on that state's procedures.

Good luck!

[cborsa7]

Missouri here, jumping boards from Guatemala.

You said you have your COC, why do you want to re adopt? It is not required in Missouri and you should just be able to send your Russia BC and your adoption decree and apply for a BC.

It is possible to do a recognition, but, they are different in every county. Just not sure why you would do one at this point.

[misshawna]

I don't want to have to do the readoption. A couple of attornies have made us feel like there will be future issues if we don't. I already know Oklahoma (because we lived there when we did the adoption) will give us a birth certificate. I don't see why if we have the COC, the Social Security card and the birth certificate (after we get it) I would even need the readoption. But like I said, the attorney has us worried about future inheritance issues, etc. (Which we don't have any money so there won't be much for inheritance anyway!)

So... I guess I will ask for more opinions just on - readopt or not? Considering everything I know I can get without it...

Shawna

[cborsa7]

Well, you have everything you could possibly need. The COC and BC (once obtained). Can't imagine what the other would accomplish at this point. If you were IR-4 and needed to complete in the US I could understand, but not when you already have your COC.

Congrats and good luck with whatever you choose to do!
Where in Missouri are U?

[misshawna]

Southwest Missouri. You?

[DPline]

There are those that do recommend readopting even with an IR3 visa so that you have a US adoption decree. There have been court cases where internationally adopted children's inheritance rights have been called into question my family members questioning the validity of the foreign adoption decree.

I personally don't have an estate worth fighting about and my family is completely accepting of my adopted children, but you just don't know what could possibly happen down the road. My state (Michigan) has no way to readopt, but if it was an option for me, personally I would do it if the cost was reasonable. But that is just me and my need to cover all the bases.

And of course in some states, readoption is the only way to get a state issued BC.

[DianeS]

About inheritance rights, I have heard that you can avoid the question of the validity of an adoption (international or otherwise) by naming each inheritor by name rather than naming them by relationship.

Supposedly, it is when you say to divide your estate between "my three children" or "all my children still living after my death" that it becomes a problem.

But if you say to divide your estate between "James Doe (ss#123456789) and Jane Doe (ss#97654321)" then there is no question about the adoption. You could leave your estate to your mailman if you used this format, because the legal relationship btween the deceased and the inheritor doesn't matter in it. Calling the relationship into question won't change the fact you named the person by name.

So if that concerns you, you might wish to speak with a lawyer who handles wills and probate and the like, to see if the lack of readoption would truly cause a problem or not, if your will is phrased in names rather than relationships.

[misshawna]

Part of me is concerned, just because I am a worrier; however, as I think I said before, my main concern has always been the birth certificate issue.

I guess my husband and I just need to sit down and make a final decision. When it really comes down to it, we have to do what we are comfortable with.

I wish we would have done it when we first came home, but we can't change that now.

[DPline]

I would agree Diane. I think it more often comes into play with those who don't have specific written wills detailing their wishes. Though I suspect that is pretty common. I know that I am guilty of not updating the details of our will and my kids have been home for over 4 years. (I really need to scrape up the money and just do it.) I am just saying that that is the main reoccuring reason I have seen regarding why readoption is often recommended.

I have also seen the argument that if international relations with the sending country should change, or state or federal laws regarding international adoption change, or what have you change, having that US decree is one additional step of confirmation of your child's adoption. I personally worry less about that myself but I have seen that argued as well.

Originally Posted by misshawna

Part of me is concerned, just because I am a worrier

That is me too. I just have to cross the T's and dot the I's. But it definetly is a personal decision for each family.

[cborsa7]

Yeah, I agree with DianeS on this. You can name anyone and it shouldn't be a problem for a will.
I would check with your county and see what a recognition would entail.

I live just outside of Saint Louis.

[misshawna]

What other issues have you seen given for needing to readopt? Just wondering if it is some of the same stuff I have heard.

[DPline]

This is one of the better discussions of readoption I can find that isn't part of an agency that I can't link to. If you Google 'Should I readopt' or 'Reasons to readopt' or such there are more on agency sites.

FCC: Readoption


As I said, it is a personal decision. I have a tendency to worry about the 'what if's' so taking that extra step to readopt covers some of my 'what if' worries. But it really is up to the individual family, and what options their state offers. I am just presenting what I have seen here and on other sites as the arguements for readoption. Then each family can decide to do with it as they wish.