State Recognition of Intercountry Adoptions Finalized Abroad - Arizona

Date:

Effect and Recognition of a Foreign Adoption Decree

This issue is not addressed in the statutes reviewed.

Readoption After an Intercountry Adoption

Citation: Rev. Stat. § 36-338(C)

Before the State registrar creates and registers a certificate of foreign birth for a parent of an adopted child who has been issued an IR-3 visa and who has completed a readoption process in a court in this State, the parent must provide either of the following:

  • An original State of Arizona certificate of adoption
  • A certified court order of adoption issued by a court in this State and either a birth certificate from the country of the adopted child's birth or any other written documentation that establishes the date and place of the adopted child's birth that has been translated into English

Application for a U.S. Birth Certificate

Citation: Rev. Stat. § 36-338(A),(B),(D)-(F)

The State registrar shall create a certificate of foreign birth for an adopted person who shows that he or she:

  • Was born in a foreign country
  • Is not a U.S. citizen
  • Has gone through a completed adoption process in a foreign country before coming to the United States
  • Has an IR-3 stamped passport

Before the State registrar creates a certificate of foreign birth, a State court, an adoptive parent, or an adult adopted person must submit the following:

  • An adoption decree or other official document finalizing the adoption from the country of the adopted person's birth that has been translated into English
  • A copy of the passport page showing the IR-3 stamp

If the adopted person does not have an IR-3 stamped passport, before the State registrar creates a certificate, an adoptive parent or an adult adopted person must submit either:

  • An original State of Arizona certificate of adoption
  • A certified court order of adoption issued by a court in this State and either a birth certificate from the country of the adopted person's birth or any other written documentation that establishes the date and place of the adopted person's birth that has been translated into English
  • If the person was not adopted in this State, a court order issued in this State that recognizes the adoption pursuant to § 36-336

The State registrar shall not create a State of Arizona certificate of foreign birth for an adopted person who was born in a foreign country and who was a U.S. citizen at the time of birth. The State registrar shall inform the adoptive parents or the adult adopted person that a birth certificate may be obtained through the U.S. Department of State.

A State of Arizona certificate of foreign birth for an adopted person must show the country of birth and state that the certificate is not evidence of U.S. citizenship for the person for whom it is issued.