“READOPTION” – WHAT IS IT? DO YOU NEED TO DO IT?
SHOULD YOU DO IT? WHAT DOES IT INVOLVE?
SOME THINGS TO CONSIDER REGARDING READOPTION
By C.J. Lyford, Esq.* October 2, 2003 (rev.)

For many of you who have adopted abroad, the adoption of your child was completed abroad and is considered final
under the applicable laws of the foreign country. Now you have to decide if you must or should “readopt” under your
state’s adoption laws.

1. WHAT IS “READOPTION”?

The term “readoption” generally refers to a process by which a U.S. state court in the state of the parent’s or sole parent’s,
as applicable, residence reviews the adoption abroad along with additional information as it deems necessary, and issues
a new adoption decree, independent from the foreign decree, stating that the child has been adopted in conformity with
the adoption law of the applicable state. The amount of documentation and procedures involved in a readoption vary by
state. Within each state, the rules and procedures may vary by county or by the local state equivalent.

2. WHY IS IT IMPORTANT?

What is the purpose of readoption? The ultimate purpose is to ensure that your child by adoption is entitled to all of the
rights that he or she should have as your child under U.S. and U.S. state law.

3. IS READOPTION THE SAME AS ADOPTION FINALIZATION?

No. “Readoption” is not the same as what is generally referred to as an adoption “finalization.” “Finalization” is necessary
when the child is coming to the U.S. for purposes of adoption and there has been no adoption proceeding abroad, the
adoption was not completed abroad, or the adoption is not considered final by the foreign country. This is often seen in
adoptions of children from Korea or India in which only a guardianship or custodial relationship, between the child and the
agency or the child and the parents, is established. In this situation, the child travels on an IR4 visa (“Immediate Relative
-- Orphan to be Adopted In the United States by U.S. Citizen”) as opposed to an IR3 visa,1 and the adoption “finalization”
must take place in the U.S. according to the law of the state of the parents’ or parent’s residence.






The Legal-eaze website provides excellent information concering readoption. This article can be found here