State Recognition of Intercountry Adoptions Finalized Abroad - Idaho

Date: April 2018

Effect and Recognition of a Foreign Adoption Decree

Citation: Idaho Code § 16-1514(4)

The decisions and orders of foreign courts and government agencies authorized to approve adoptions shall be accorded judicial comity or the same full faith and credit accorded a judgment of a sister State without additional proceedings or documentation, provided the U.S. Department of State or the U.S. Department of Homeland Security has allowed the child to enter the United States.

Readoption After an Intercountry Adoption

Citation: Idaho Code § 16-1514A

When an Idaho resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the U.S. Government, such resident may file with a petition a copy of the decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country, together with a certified translation thereof if it is not in English, and proof of full and final adoption from the U.S. Government with the clerk of the court of any county in this State having jurisdiction over the person or persons filing such documents.

The court shall assign a docket number and file and enter the documents referenced above with an order recognizing the foreign adoption without the necessity of a hearing. Such order, along with the final decree, order, or certificate from the foreign country, shall have the same force and effect as if a final order of adoption were granted in accordance with the provisions of this chapter.

When such order is filed and entered, the adoptive parents may request a report of adoption as provided in § 39-259.

Application for a U.S. Birth Certificate

Citation: Idaho Code § 39-259(a)

The State registrar will, upon request, issue a new birth certificate for a foreign-born child who was adopted in a State court when it receives:

  • A report that identifies the adoption order, contains evidence as to the true or probable date and place of birth and parentage of the adopted person, provides information necessary to establish a new birth certificate for an adopted person, and is certified by the clerk of the court
  • A request by the court decreeing the adoption, the adoptive parents, or the adopted person

The certificate will show:

  • The true or probable date and foreign country of birth as established by the court and shown on the court report of adoption
  • The child's new name as stated in the report of adoption
  • Any other necessary facts as required by the State registrar

The certificate is not evidence of U.S. citizenship for the child.

All records, files, and information of any court in this State relating to the adoption proceedings other than the new birth certificate will be sealed except as provided by court order or statute.