6. WHAT DOES A READOPTION INVOLVE?

The specific procedures and requirements for readoption vary with the state in which the adoption proceeding is brought.
Each state, and the local courts within the state, has their own set of rules and procedures that govern proceedings
brought in its jurisdiction. Some have developed special procedures for readoptions involving foreign adoptions that make
the process fairly simple and some states have not. Some states treat the readoption proceeding the same as if you were
adopting for the first time. This may require the preparation of additional documents, a repeat home study, etc., and
corresponding additional time and expense.

7. DO YOU NEED AN ATTORNEY TO READOPT YOUR CHILD?

The answer to this depends on the state and local laws of the state where you live. Some require an attorney. Some do
not require it but make it very onerous for the proceeding to be completed without an attorney. If you use an attorney,
make sure that you use one with experience in the international adoption area as applied to your state’s and U.S.
immigration laws.

8. WHAT ELSE SHOULD YOU DO?

Whether or not you readopt your child, please make sure that your child is a U.S. citizen and can prove it, by getting
documentation of citizenship through a Certificate of Citizenship and/or a U.S. Passport. See my comments, entitled
“HOW DO YOU GET PROOF OF CITIZENSHIP FOR YOUR FOREIGN-BORN ADOPTED CHILD?” Remember, as
your child was not born in the U.S., a U.S. state issued birth certificate is not proof of your child’s U.S.
citizenship.

9. PLEASE NOTE THAT MY COMMENTS ARE GENERAL IN NATURE AND ARE NOT INTENDED TO BE COMPREHENSIVE. THEY
ARE NOT LEGAL ADVICE NOR SHOULD THEY BE RELIED UPON AS LEGAL ADVICE.
I am an attorney and the mother of a nine-year-old child from China, adopted in 1994, with a private practice in the areas
of immigration/citizenship law and international adoption. Please feel free to contact me if you have any questions about
the above comments, immigration or citizenship issues, or other legal issues involved in the foreign adoption process. I
provide legal services and consultation throughout the U.S. and abroad in these areas for adoptive parents and agencies
to address INS/BCIS, consulate, and related immigration problems. I also handle foreign adoption finalizations and
readoptions, as well as domestic adoptions, particularly involving foreign-born children, in the Commonwealth of
Pennsylvania.
C.J. Lyford, Esquire
215-247-3888 (telephone)
lyfordesq@aol.com
* Member of the American Immigration Lawyers Association

ENDNOTES
1 If a child is issued an IR3 visa (“Immediate Relative -- Orphan Adopted Abroad by U.S. Citizen”), this indicates that the INS/BCIS
considers the adoption abroad to be final. You can determine what classification of visa your child was issued by looking at the stamp
in your child’s foreign country passport to see whether the designation is “IR3” or “IR4”. The INS/BCIS definition of “final” also has
implications for other matters involving federal law such as the IRS adoption tax credit and the income tax exclusion of benefits
received under an employer’s adoption assistance program (that require that the adoption of a non-citizen child be “final” before the
credit and/or exclusion can be taken.) The IRS bases its determination of “final” on the INS classifications. See IRS Publication 968
and IRS form 8839 at http://holtintl.org/infoupdates/pdfs/2002p968.pdf and http://www.irs.gov/pub/irs-pdf/i8839.pdf, respectively.)
See also IRS Notice 2003-15 Proposed Revenue Procedure regarding Finality of Adoptions at: http://www.irs.gov/pub/irs-drop/n-03-
15.pdf
2 Adoption is a matter of State law and each State has its own set of laws regarding what effect it will give decrees issued from foreign
countries, such as adoption decrees. For those who live in Pennsylvania, I have also prepared comments specific to readoption in
Pennsylvania that are available upon request.
3 As of March 1, 2003, most of the INS functions have been transferred to a new department, the “Department of Homeland Security”
(DHS), and the “INS” no longer exists. Most of the immigrant service functions such as immigrant visa petitions (e.g., I-600 Orphan
Petitions)), citizenship, etc., will be handled by the new Bureau of Citizenship and Immigration Services (BCIS). For the moment the
BCIS addresses, etc., remain the same but change should be anticipated.
4 The Child Citizenship Act of 2000 (CCA) provides for the “automatic” acquisition, that is acquisition as a matter of law, of U.S.
citizenship to many children of U.S. citizens that are born abroad (adopted and not adopted) provided that certain qualifications are
met. One of the qualifications is that the adoption be “final.” See my comments, entitled “IS OR WILL YOUR CHILD
AUTOMATICALLY BECOME A U.S. CITIZEN UNDER THE CHILD CITIZENSHIP ACT?”
5 The INS requirement is based on its interpretation of INA sec.101(b)(1)(F), 8 U..S.C.A. sec. 1101(b)(1)(F), regarding a full and final
adoption and other sections.
6 June 13, 2001 Federal Register Notice: INS Regulations and Comments regarding implementation of the CCA, 66 FR 32138, Interim
Rule but effective upon publication (June 13, 2001) at: http://frwebgate.access.gpo.gov/cgibin/
getdoc.cgi?dbname=2001_register&docid=01-14579-filed.pdf
See also 8 C.F.R. sections 320, 322 and 341.
7 The BICS has replaced the N-643 form, the form used to request a Certificate of Citizenship for an adopted child, with the revised
N-600 form. You can download the revised Form N-600 and its instructions at:
http://www.immigration.gov/graphics/formsfee/forms/n-600.htm or order it by phone at 1800-870-3676. (Note that the correct fee for
a Certificate on behalf of an adopted child is $145 and not $155.) See also the October 1, 2003 Federal Register Notice, CIS:
Introduction of revised N-600 and N-600K, 68 FR 56643, effective October 31, 2003, at:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-24803.htm
8 Please make sure that if you change your child’s name in the readoption, that your child’s former name is clearly referenced within
the state issued adoption decree along with the new “American” name, so that it is clear that the decree is referring to the same child.
Otherwise there have been reports that INS/BCIS officials have questioned this and required a separate court order stating that both
names are referring to the same child.
9 The birth certificate that is issued for your child from your state of residence will be in the format of the state’s birth certificate and
will list you as the child’s parent or parents. However, it will still indicate the actual country of your child's birth. For purposes of
these comments, only if your child was born in the U.S. would a birth certificate be proof of U.S. citizenship.
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The Legal-eaze website provides excellent information concering readoption. This article can be found here