State Recognition of Intercountry Adoptions Finalized Abroad - Georgia

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Code § 19-8-22

A decree establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court of any other jurisdiction within or outside the United States, shall be recognized in this State; and the rights and obligations of the parties as to matters within the jurisdiction of this State shall be determined as though any such decree was issued by a court of this State.

Readoption After an Intercountry Adoption

Citation: Ann. Code § 19-8-8

A child may be adopted pursuant to the provisions of this chapter based upon both of the following:

• A decree establishing the relationship of parent and child by adoption between each petitioner and a child born in the foreign country that has been entered pursuant to due process of law by a court of competent jurisdiction outside the United States
• The child having been granted a valid visa by the U.S. Immigration and Naturalization Service*

*As of March 1, 2003, the responsibility for providing immigration-related services was transferred from the U.S. Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security. The statutes do not yet reflect this change.

Application for a U.S. Birth Certificate

Citation: Ann. Code § 31-10-13(f)

If a person was born in a foreign country, is not a citizen of the United States, and does not meet the requirements of the Federal Child Citizenship Act of 2000 (P.L. 106-395), but was adopted through a court in this State, the State Registrar shall prepare and register a birth certificate in this State. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of U.S. citizenship for the person for whom it is issued.

If a person was born in a foreign country and was not a citizen of the United States at the time of birth but does meet the requirements of the Federal Child Citizenship Act of 2000, and he or she was adopted through a court in this State, the State registrar shall prepare and register a birth certificate in this State. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. After registration of the birth certificate in the new name of the adopted person, the State registrar shall seal and file the report of adoption. The sealed file shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute.