State Recognition of Intercountry Adoptions Finalized Abroad - Louisiana

Effect and Recognition of a Foreign Adoption Decree

Citation: Ch. C. Art. §§ 1284.1; 1284.2; 1284.3

The petition for recognition of a foreign adoption from a Hague Convention Country shall state the following:

• The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a State resident
• The child's name
• The place and date of the birth of the child, if known; if not known, then the approximate age of the child
• The date and circumstances under which the child was adopted in a foreign country and entered the home of the petitioner
• Any relationship existing between the petitioner and the child

The petition shall be accompanied by a Hague Adoption Certificate issued by a U.S. consular officer and a copy of the child's IH-3 visa. Documents related to a convention adoption shall require no authentication in order to be admissible, unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable.

The court shall issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that:

• At least one of the adoptive parents is a State resident.
• The original or a certified copy of the foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accordance with the law of the foreign country.
• The foreign adoption has been completed in accordance with the Hague Convention and the Intercountry Adoption Act.
• The child is either a permanent resident or a naturalized citizen of the United States.
• The petitioners have the ability to care for, maintain, and educate the child.

The court, after taking into consideration all documents filed concerning the adoption, may enter a final decree of adoption, or it may deny recognition of the adoption. Recognition may be refused only if the adoption is manifestly contrary to public policy, taking into account the best interests of the child.

Readoption After an Intercountry Adoption

Citation: Ch. C. Art. §§ 1282.1; 1282.2; 1282.3

The petition for recognition of a foreign adoption from a non-Hague Convention Country shall state the following:

• The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a State resident
• The child's name
• The place and date of the birth of the child, if known; if not known, then the approximate age of the child
• The date and circumstances under which the child was adopted in a foreign country and entered the home of the petitioner
• Any relationship existing between the petitioner and the child

The petition shall be accompanied by a certification for adoption; documentation of orphan status; documentary proof of citizenship status; a copy of the child€™s immigrant visa or resident alien card; the original or a certified copy of a valid foreign adoption decree, together with a notarized translation; the original or certified copy of a valid birth certificate, together with a notarized translation; and an affidavit of fees and expenses.

The court shall issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that:

• At least one of the adopting parents is a State resident.
• The foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accordance with the laws of the foreign country.
• The child has qualified as a foreign orphan and is in the United States in accordance with applicable Federal regulations.
• The child is either a permanent resident or a naturalized citizen of the United States.
• The petitioners have the ability to care for, maintain, and educate the child.

The court, after taking into consideration all documents filed concerning the adoption, may enter a final decree of adoption, or it may deny recognition of the adoption. The basic consideration shall be the best interests of the child.

Application for a U.S. Birth Certificate

Citation: Rev. Stat. § 40:79(c)

The State registrar will prepare a new birth certificate for a foreign-born person who is adopted outside the United States by adoptive parents who are State residents at the time of the adoption, or for a foreign-born person who is adopted in the State but who is not a U.S. citizen or who is a naturalized U.S. citizen, when it receives (1) a certified copy of the order or decree of adoption and (2) a certified copy of the original foreign birth certificate and, if the certificate is not in English, a certified verbatim translation of the certificate. If the certified copy of the original birth certificate of the adopted person and certified translation are not available, the State court may make findings on the date, place of birth, and parentage of the adopted person.

The State registrar will prepare a certificate in the new name of the adopted person and will seal and file the court findings and the order or decree of adoption. The certificate will show the true or probable country, island, or continent of birth.

The certificate will state that it is not evidence of U.S. citizenship for the child. However, the certificate may be evidence of U.S. citizenship if the State registrar receives a certified copy of a certificate of naturalization.