5. ARE THERE ADVANTAGES TO READOPTION EVEN IF IT IS NOT REQUIRED?
Yes. Many families choose to readopt their child even if not required and it is generally recommended by most adoption
lawyers and other professionals. While the benefits and process are state specific, some of the general reasons to
readopt include the following:
• Adoption is a matter of state law and each state has its own laws. Federal laws, such as Social Security, can be
based on a state’s underlying law. (See endnote 2.) A state court adoption decree issued as a result of a
readoption is fully independent of the foreign decree. As a result, if you have an adoption decree issued by a U.S.
state court, all other states in the U.S. are required under the U.S. Constitution to give full faith and credit to the
decree and to all of your child's rights under the decree. Therefore, obtaining a U.S. state adoption decree
SPONSOR
assures you that every state in the U.S. will recognize the decree and makes it unnecessary to rely solely on the
validity of a decree issued under a foreign law.
• There are practical concerns. An adoption decree from a U.S. state court will be in English. The adoption
documents that are issued from your child’s country of birth are generally in a language other than English and
will always need to be accompanied by separate English translations. Should you need to prove the adoption it
will be easier for you or your child to be able to refer to one document that is written in English and is readily
recognizable as a decree of adoption. In addition, you will have a limited number of originals of the documents
from your child’s country of origin. Should you lose these it will be difficult if not impossible to obtain additional
"originals" or certified copies. If you have a U.S. state adoption decree you can easily obtain additional copies if
necessary. For example, when you apply for a U.S. passport for your child, you will be required to send them an
original copy of the foreign adoption documents for processing of the passport. If you have a U.S. state adoption
decree, you can use this in its place, and give this to the Passport Office rather than risk losing the original foreign
decree.
• Usually a legal name change is part of the adoption decree so that all of your child's future documents will reflect
his or her "American" name. As it is a court-ordered name change, the INS/BCIS should issue the Certificate of
Citizenship in the child’s new name. Otherwise, if the child’s U.S. visa and other immigration documents are in
the former name some INS/BCIS and Social Security offices will not issue documents in the child’s "American"
name.8
• Some states require that you readopt before it will issue a birth certificate for your child. Some, such as
Pennsylvania, allow you to obtain a birth certificate without readoption, by registering the foreign court adoption
decree with the applicable county of residence. Upon registration of the parent(s) can then obtain a Pennsylvania
birth certificate for the child (as long as one parent is a United States citizen and a resident of Pennsylvania).
• The readoption hearing is usually a friendly proceeding before a Judge, either in a Courtroom or a small room.
Usually family members and friends are allowed to come to the hearing. The hearing can serve as an opportunity
for other members of your family or friends to be involved in the adoption of your child, who could not attend the
initial adoption abroad.
• Finally, an adoption decree issued from a U.S. state court will provide your family with additional peace of mind
and protection should the foreign country involved, or others, ever challenge the validity of the adoption of your
child or adoptions from the country generally. You may at some point want to bring your child to visit his or her
country of birth. A U.S. state issued adoption decree will prove and confirm his or her status as your child under
U.S. law.
The
Legal-eaze website provides excellent information concering readoption. This article can be found
here