Validity of Adoptions

Validity of Foreign Adoptions in the United States

In most cases, the formal adoption of a child in a foreign court is legally acceptable in the United States. A U.S. state court, however, is not required to automatically recognize a foreign adoption decree. This does not suggest that the United States does not respect foreign procedures or recognize the authority of the foreign country in relation to the child. Nonetheless, the status of the involved child may be subject to challenge in state court unless an adoption decree is entered in a state in the United States.

Many adoption practitioners recommend that the child adopted abroad be re-adopted in a court of his/her state of residence in the United States as a precautionary measure. Following a re-adoption in the state court, parents can request that a state birth certificate be issued. This should be recognized in all other U.S. states. In some instances, re-adoption of the child in the United States is required. This often occurs if the adoptive parent (or only one of a married couple) did not see the child prior to or during the adoption proceedings abroad. The child must be re-adopted in the U.S. in such circumstances, even if a full final adoption decree has been issued in the foreign country.