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What is a Readoption?
Readoption is the recognition of foreign adoption, a legal process of adopting a
child again in the United States or recognizing the foreign adoption decree
already entered abroad after the child has been lawfully adopted in a foreign
country. This is accomplished in order to assure the child receives the rights
to which he or she is entitled under Florida law.
Readoption is not required in
Florida, but we highly recommend it for a foreign adopted child who will reside
in the United States.
Even though federal law confers U.S.
citizenship on children adopted abroad by U.S. citizens who enter with an IR3
Visa (i.e. both parents saw the child before the foreign decree was entered), a
Certificate of Foreign Birth should be acquired from the State of Florida
through readoption.
Further, readoption is required if
the child returns on an IR4 Visa (only one parent travels, or the first trip is
to pick up the child after the foreign decree was entered).
We further recommend having a
Florida court recognize the foreign adoption for the following reasons:
It secures the recognition of a
legal parent/child relationship under U.S. law and the laws of the State of
Florida, or other states to which you may move in the future (many states
require readoption).
The Florida adoption decree will
prove and confirm his or her status as your child under U.S. law and you can
always get new birth certificates from Florida’s vital records once the court
has issued an order for the preparation of a new birth certificate.
A Final Decree of Readoption and
Name Change by a Florida state court will direct the issuance of a Florida
Certificate of Foreign Birth, which will replace the foreign issued document.
The foreign birth certificate is accompanied by a translation, and you will no
longer have to worry about the translation document for the remainder of your
child’s life. The name of your child on the foreign birth certificate may not be
the name as you would exactly prefer it. But in a readoption, you can receive a
birth certificate and a final decree changing the name to the one you want for
the child. You can then apply for Social Security number and passport with the
new name.
The U.S. documents are much more recognizable by schools, soccer leagues, and
the U.S. passport service (which requires originals); and they may be replaced
much more easily if ever lost or destroyed.
(Records custodians in your child’s
country of birth may change their laws in the future making it impossible for
you to receive an original copy of the birth certificate years down the road.)
Readoption also helps assure that there will be little problem with estate
distribution to your adopted child in your will, and may allow your child to
obtain a Social Security Number showing your child is a Florida resident.
The readoption hearing is usually a friendly proceeding before a Judge, either
in a Courtroom or a small room. The hearing may serve as an opportunity for
other members or friends to be involved in the adoption of your child, who could
not attend the initial adoption abroad.
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