Many of our home study clients who are adopting abroad have inquired about whether they should "readopt" after returning home with their child.
If your child was issued and IR-4 visa, it is mandatory that the child be readopted in the U.S. because the child was not physically seen by all of his/her parents before the adoption took place or the adoption was not "finalized" in the foreign country (for example, some countries grant guardianships only).
The term "readoption" refers to the process by which the Florida court recognizes the foreign proceedings and issues a Final Judgment of Adoption. The purpose of the readoption is to ensure that your adopted child is entitled to all of the rights he or she should have under U.S. and state law.
Benefits of Readoption:
- A Florida adoption decree, and the rights bestowed upon your child by adoption, must be given full faith and credit by all states.
- Readoption confirms the status of your child under U.S. law, providing you, as adoptive parents, with greater legal security, and making it unnecessary to rely on the validity of decrees issued under foreign laws.
- Readoption could help to protect a child's inheritance rights.
- A Florida Final Judgment of Adoption will be in English, which is easier to use than a foreign judgment accompanied by an English translation.
- A Florida Final Judgment can be used to obtain a U.S. Certificate of Foreign Birth, additional copies of which can be easily obtained in the future.
- If you were not permitted to change your child's first name as part of the foreign adoption, you may do so as part of the readoption process.
- The Joint Council on International Children's Services recommends readoption because U.S. adoption documents are much more easily replaced than foreign ones if they are lost or destroyed and a domestic judgment is more recognizable by schools, insurance companies and other entities. www.jcics.org
- The cost is reasonable, usually under $1,500.00 (including court costs). There may be additional costs if readopting more than one child.
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The readoption process is relatively simple and quick. It requires that you provide copies of your foreign documents for the court. Petition for Recognition of a Foreign Judgment of Adoption will be prepared for your signature/s. After a short hearing on the Petition, the court issues a Final Judgment of Adoption. A copy of the judgment, along with appropriate forms and fees, is sent to the Florida Office of Vital Statistics requesting a U.S. Certificate of Foreign Birth. Once issued, it is easy for you to obtain additional birth certificates in the future.
ACF recommends that you consider "readoption " your final step in the foreign adoption process. ACF attorneys will begin the readoption process upon receipt of your deposit of $500.00 and the following documentation:
ITEMS NEEDED TO PREPARE PETITION
- Copy - Official translation of Foreign Judgment
- Copy - Child's Foreign Birth Certificate with original notarized English translation
- Copy of Home Study
- Information form
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Contact us today : info@adoptionflorida.org
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