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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.
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CWA’s Re-adoption
Services
Esther Dolder is CWA’s re-adoption / post-adoption
Manager. Esther holds a B.S. Degree in Management and her
background includes working as the Client Relations Manager
and legal assistant for one of the largest law firms in the
Southeast. Esther assists CWA clients with completing re-adoption
paperwork, assists CWA clients with post-adoption questions
(such as social security cards, U.S. passports, and Certificates
of Citizenship), and manages the postplacement process for
CWA social workers. CWA’s re-adoption service fee starts at $1200. You may contact Esther at:
Christian World Adoption
777 South Allen Rod
Flat Rock, NC 28731
Tel: 864-473-0181
Fax: 978-926-6422
Email Esther
Re-adoption Links
JCICS
Website
Readoption
Explained (PDF) |
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