What is Re-adoption?

Readoption is the legal process where a U.S. court of law reviews the foreign adoption and issues a new order of adoption. The family is then able to obtain a birth certificate from that state’s department of vital records.

Under the USCIS (formerly INS) regulations, children who were not seen by all relevant parents prior to their overseas adoptions are not considered to have full and final adoptions. They must be readopted in the state where they will be residing. This rule applies even in cases where the foreign country considers such adoptions final. One implication of the CIS position is that children who were not seen by all relevant parents prior to the finalization of their overseas adoptions cannot be considered automatic citizens until re-adoption occurs. Children who were seen by all relevant parents will have been issued IR-3 visas and will be eligible for automatic citizenship. Children who were not seen by all relevant parents prior to the finalization of the overseas adoption will have been issued IR-4 visas and are required to be readopted before the CIS considers the foreign adoption complete and the children become eligible for automatic citizenship.

Although the CIS does not require re-adoption for children who were seen by all relevant parents prior to their overseas adoptions and who entered the U.S. on IR-3 visas, the Joint Council on International Children’s Services recommends re-adoption in these cases. One reason is that U.S. adoption documents are much more easily replaced than foreign ones if they are lost or destroyed. They are also more recognizable by schools and other organizations to which they may be presented. In addition, re-adoption may make it easier for families to change their children’s foreign names and to obtain state birth certificates for them. Some attorneys feel that re-adoption could help to protect a child’s inheritance rights.

Readoption is a state function, and procedures are not uniform among the states. Families should recognize that some states have re-adoption requirements such as postplacement visits and/or the updating of some documents, such as child abuse and police clearances.

If you wish to pursue re-adoption or would like further information, then please contact Esther Dolder, CWA’s Readoption / post-adoption Manager. Esther is not an attorney and not able to give legal advice, nor can she legally represent you. However, she is able to assist CWA families in preparing and completing the many documents required for re-adoption in North Carolina or Domestication of a Foreign Adoption in South Carolina. CWA clients who have used this service are very appreciative of the cost savings and the efficiency with which their court cases are processed.