State Recognition of Intercountry Adoptions Finalized Abroad - Illinois

Effect and Recognition of a Foreign Adoption Decree

Citation: Comp. Stat. Ch. 750, §§ 50/4.1(c); 50/6(b)

The adoption of a child, if the child is a habitual resident of a country other than the United States and the petitioner is a habitual resident of the United States, or, if the child is a habitual resident of the United States and the petitioner is a habitual resident of a country other than the United States, shall comply with the Intercountry Adoption Act of 2000 and the Immigration and Nationality Act. In the case of an intercountry adoption that requires oversight by the adoption services governed by the Intercountry Adoption Universal Accreditation Act of 2012, this State shall not impose any additional preadoption requirements.

In the case of a child born outside the United States or a territory thereof, in addition to the preadoption investigation, a postplacement investigation shall be conducted in accordance with the requirements of the Child Care Act of 1969 (225 ILCS 10/1, et seq.), the Interstate Compact on the Placement of Children (45 ILCS 15/0.01, et seq.), and the Intercountry Adoption Act of 2000 (750 ILCS 50/1, et seq.).

The requirements of a postplacement investigation shall be deemed to have been satisfied if a valid final order or judgment of adoption has been entered by a court of competent jurisdiction in a country other than the United States or a territory thereof with respect to such child and the petitioners.

Readoption After an Intercountry Adoption

Citation: Comp. Stat. Ch. 750, § 50/4.1(e)

Any time after a minor child has been adopted in a foreign country and has immigrated to the United States, the adoptive parent may petition the court for a judgment of adoption to readopt the child and confirm the foreign adoption decree. The petitioner must submit to the court one or more of the following to verify the foreign adoption:

• An immigrant visa for the child issued by U.S. Citizenship and Immigration Services that was valid at the time of the child's immigration
• An adoption decree, judgment, certificate, or registration issued by a court of competent jurisdiction outside the United States
• Other evidence deemed satisfactory by the court

The child's immigrant visa shall be prima facie proof that the adoption was established in accordance with the laws of the foreign jurisdiction and met United States requirements for immigration.

If the petitioner submits documentation that satisfies the requirements above, the court shall not appoint a guardian ad litem for the child; shall not require any further termination of parental rights of the child's biological parents; nor shall it require any home study, investigation, postplacement visit, or background check of the petitioner.

The petition may include a request for change of the child€™s name and any other request for specific relief that is in the best interests of the child. The relief may include a request for a revised birth date for the child if supported by evidence from a medical or dental professional attesting to the appropriate age of the child or other collateral evidence.

Application for a U.S. Birth Certificate

Citation: Comp. Stat. Ch. 410, § 535/16.1

The State Registrar of Vital Records will issue a record of foreign birth for a foreign-born person who has an IR-3 visa and who was adopted under the laws of a foreign country by a State resident when it receives:

• Evidence as to the child's birth date and birthplace provided by the original birth certificate; by a certified copy, extract, or translation of the original certificate; or by another document that is essentially equivalent
• A certified copy, extract, or translation of the adoption decree or other document that is essentially equivalent
• A copy of the IR-3 visa
• The name and address of the adoption agency that handled the adoption

The record of foreign birth will include:

• The actual place and date of birth
• The child's name and parentage as ordered in the judgment of adoption
• Any other necessary facts