When adopting a
child overseas, it is extremely important to understand the status of your
child's adoption and the home state's requirements for re-adoption. Whether or
not a child is adopted under an IR-3 or IR-4 visa is the beginning of that
understanding. An IR-4 visa requires that the child be re-adopted in the United
States; whereas, an IR-3 visa does not require re-adoption in the United
States. IR-3 visas are only issued by overseas consulates, where the complete
adoption proceeding has occurred in the other country, and the parents have
been present to see the child in the country of adoption.
With
IR-4 visas, a child is admitted to the United States under immigrant status and
their citizenship cannot be established until a formal re-adoption has occurred
in the United States establishing a permanent connection with the adoptive
parents. Children admitted to the United States under IR-3 visas become United
States citizens when they enter the country with their adoptive parents. As a
result, children who are in the United States under an IR-4 visa are not
afforded the complete protection of the United States and may not have the same
legal or inheritance rights that IR-4 visa children have.
In
addition to basic legal rights, there are some convenience issues also wrapped
into re-adoption. When a family chooses to re-adopt their child in the United
States after an overseas adoption, the family will receive a United States
adoption decree and birth certificate. The certificates will always be available
through the vital statistics department and are much easier to access than
international decrees. Also, the child's legal name can be changed and
established during a re-adoption. The new birth certificate will list the
adoptive parents as the child's legal parents. Although an international birth
certificate will be accepted in the United States, an English written birth
certificate with easier access certainly makes life easier in the long run when
signing up for school, sports and other activities.
States
vary on whether or not an international adoption decree will be accepted, so it
pays to know your state. Some states require a re-adoption of an overseas
adoptee where other states may allow re-adoption, but don't have specific
requirements. Generally, Florida recognizes decrees granting legal
guardianship, termination of parental rights and adoption given by foreign
countries and other states. The re-adoption of the adoptee will fall under the
specific laws set forth in the Florida Adoption Statutes.