Completing Intercountry Adoptions Not Finalized Abroad - Nevada

Requirements for Completing the Adoption

Citation: Rev. Stat. §§ 127.053; 127.090; 127.110; 127.150

No consent to a specific adoption executed in this State, or executed outside this State for use in this State, is valid unless it does the following:

• Identifies the child to be adopted by name, if any; sex; and date of birth
• Is in writing and signed by the person consenting to the adoption
• Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given
• Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person consenting

If neither the petitioner nor the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by one of the following:

• A child welfare agency
• An agency licensed in this State to place children for adoption
• A comparable State or county agency of another State
• An agency authorized under the laws of another State to place children for adoption, if the birth parent resides in that State

Consent of a parent to an adoption shall not be necessary where parental rights have been terminated by an order of a court of competent jurisdiction.

A petition for adoption of a child who currently resides in the home of the petitioners may be filed at any time after the child has lived in the home for 30 days. The petition for adoption must state, in substance, the following:

• The full name and age of the petitioners
• The age of the child sought to be adopted and the period that the child has lived in the home of petitioners before the filing of the petition
• That it is the desire of the petitioners that the relationship of parent and child be established between them and the child
• Their desire that the name of the child be changed, together with the new name desired
• That the petitioners are fit and proper persons to have the care and custody of the child
• That they are financially able to provide for the child
• That there has been a full compliance with the law in regard to consent to adoption

If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. A copy of the order or decree must be sent to the nearest office of the child welfare agency by the petitioners within 7 days after the order or decree is issued. In the decree, the court may change the name of the child, if desired.

An order or decree of adoption may not be made until after the child has lived for 6 months in the home of the petitioners.

Required Evidence/Documentation

Citation: Rev. Stat. §§ 127.057; 127.152

Any person to whom a consent to adoption executed in this State or executed outside this State for use in this State is delivered shall, within 48 hours after receipt of the executed consent to adoption, furnish a true copy of the consent, together with a report of the permanent address of the person in whose favor the consent was executed to the child welfare agency.

The child welfare agency or a licensed child-placing agency shall provide the adopting parents of a child with a report that includes the following:

• A copy of any medical records of the child that are in the possession of the agency
• Any information obtained by the agency during interviews of the birth parent regarding the following:
  • The medical and sociological history of the child and the birth parents of the child
  • Any behavioral, emotional, or psychological problems that the child may have

The child welfare agency or child-placing agency shall obtain from the adopting parents written confirmation that the adopting parents have received the report.

Background Studies

Citation: Rev. Stat. §§ 127.280; 127.2805; 127.281

A child may not be placed in the home of prospective adoptive parents for the 30-day residence that is required before the filing of a petition for adoption, unless the following has occurred:

• The child welfare agency or a child-placing agency first receives written notice of the proposed placement from one of the following:
  • The prospective adoptive parents of the child
  • The person recommending the placement
  • A birth parent
• The investigation required by the provisions of § 127.2805 has been completed
• In the case of a specific adoption, the birth parent placing the child for adoption has had an opportunity to review the report on the investigation of the home, if possible

The investigation must include an examination of the medical, mental, financial, and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption.

A prospective adoptive parent who is subject to an investigation by the child welfare agency or a child-placing agency must submit as part of the investigation a complete set of his or her fingerprints and written permission authorizing the agency to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation.

Placement Supervision and Reporting

Citation: Rev. Stat. § 127.120

The child welfare agency or a licensed child-placing agency shall do the following:

• Verify the allegations of the petition
• Investigate the condition of the child
• Make a proper inquiry to determine whether the proposed adopting parents are suitable for the child

The agency shall, before the date on which the child has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever is later, submit to the court a full written report of its findings, which must contain, without limitation, a specific recommendation for or against approval of the petition and shall furnish to the court any other information regarding the child or proposed home that the court requires.

Effect of Adoption Decree on Parental Rights

Citation: Rev. Stat. § 127.160

Upon the entry of an order of adoption, the child shall become the legal child of the persons adopting the child, and they shall become the child's legal parents with all the rights and duties between them of natural parents and legitimate child. By virtue of such adoption, the child shall inherit from his or her adoptive parents or their relatives the same as though the child were the legitimate child of such parents.

After a decree of adoption is entered, the natural parents of an adopted child shall be relieved of all parental responsibilities for the child, and they shall not exercise or have any rights over the adopted child or the property of the adopted child. The child shall not owe his or her natural parents or their relatives any legal duty, nor shall the child inherit from his or her natural parents or kindred.

Obtaining a U.S. Birth Certificate

Citation: Rev. Stat. §§ 127.157; 440.310

After an order or decree of adoption has been entered, the court shall direct the petitioner or his or her attorney to prepare a report of adoption on a form prescribed and furnished by the State Registrar of Vital Statistics. The report must do the following:

• Identify the original certificate of birth of the person adopted
• Provide sufficient information to prepare a new certificate of birth for the person adopted
• Identify the order or decree of adoption
• Be certified by the clerk of the court

The child welfare agency shall provide the petitioner or his or her attorney with any factual information that will assist in the preparation of the report.

Whenever the State registrar receives a certified report of adoption filed in accordance with the provisions of § 127.157 or the laws of another State or foreign country, the State registrar shall prepare and file a supplementary certificate of birth in the new name of the adopted person that shows the adoptive parents as the parents and seal and file the report or decree and the original certificate of birth.

Whenever the State registrar receives a certified report of adoption filed in accordance with the provisions of § 127.157 concerning a person born in a foreign country other than Canada, the State registrar shall, if the State registrar receives evidence that the person being adopted is a citizen of the United States and the adoptive parents are residents of Nevada, prepare and file a supplementary certificate of birth and seal and file the report.