Adoption professionals recommend that all internationally adopted children be “readopted” under state law.  Why?  

·        First, readoption secures the recognition of a legal parent/child relationship under state law which eliminates relying on the ongoing validity of the adoption laws of a foreign country.  What if a new regime came to power in your child’s birth country and declared all prior international adoptions were void.  Highly unlikely, but still remotely possible.  A state-issued adoption decree will be recognized by every state in our nation and given full faith and credit.  Further, the entry of an adoption order secures an order in English.   Your foreign adoption decree will always need to be accompanied by an English translation.  What if your only original foreign adoption decree is lost or destroyed? 

·        Second, you may secure a name change, if desired. You may also secure a changed birth date, if necessary and recommended by a physician.

·        Third, you will secure a West Virginia birth certificate for your child.   The birth certificate will recognize your child’s birth country as the place of birth.   Can you imagine trying to obtain an original birth certificate from your child’s birth country every time you needed an original?  Further, you may wish to bring your child back to his or her birth country.  A West Virginia adoption decree would further confirm his or her status as your child under U.S. law.  The West Virginia issued birth certificate will recognize your child’s birth country as the place of birth.  

·         Fourth, if your child arrives in the U.S. on an IR-4 visa, you will secure your child’s status as a citizen of the United States.  Remember, if your child entered the United States on an IR-4 visa, federal regulations require you to adopt the child in your home state, regardless of whether any type of adoption might have occurred overseas.  Do not jeopardize your child’s citizenship status. 

·        The ultimate reason to readopt is to ensure that your child is entitled to all of the rights that he or she should have as your child under both state and federal law.

To view a more comprehensive discussion of the international adoption law and recognition of foreign adoption decrees in West Virginia, see my website at http://www.wvadoptionlawyer.com/International_Adoption.html 

This article is general in nature and does not constitute legal advice nor does it establish an attorney client relationship.  

Crystal S. Stump, Esq. * 304-546-0418

cstump@wvadoptionlawyer.com  ** www.wvadoptionlawyer.com