State Recognition of Intercountry Adoptions Finalized Abroad - Minnesota

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Stat. § 259.60, Subd. 1

The adoption of a child by a resident of this State under the laws of a foreign country is valid and binding under the laws of this State, if the validity of the foreign adoption has been verified by the granting of an IR-3 visa for the child by the U.S. Citizenship and Immigration Services.

Readoption After an Intercountry Adoption

Citation: Ann. Stat. § 259.60, Subd. 2 & 3

A person, whose adoption of a child under the laws of a foreign country is valid in this State, may petition the district court in the county where the adoptive parent resides for a decree confirming and recognizing the adoption, changing the child's legal name, if requested in the petition, and authorizing the Commissioner of Health to issue a new birth record for the child.

A court shall issue the decree upon receipt of the following documents:

• A petition by the adoptive parent stating that he or she completed adoption of the child under the laws of a foreign country and that the adoption is valid in this State and requesting that the court issue a decree confirming and recognizing the adoption, changing the child's legal name, if desired, and authorizing the Commissioner of Health to issue a new birth record for the child
• A copy of the child's original birth record, if available
• A copy of the final adoption certificate or equivalent as issued by the foreign jurisdiction
• A copy of the child's passport including the U.S. visa indicating IR-3 immigration status
• Certified English translations of any of the documents listed above that are not written in English

If a child is adopted by a resident of this State under the laws of a foreign country or if a resident of this State brings a child into the State under an IR-3 or IR-4 visa issued for the child by the U.S. Citizenship and Immigration Services, the postadoption reporting requirements of the country in which the child was adopted, applicable at the time of the child's adoption, must be given full faith and credit by the courts of this State and apply to the adoptive placement of that child.

Application for a U.S. Birth Certificate

Citation: Ann. Stat. § 144.218(2)

In proceedings for the adoption of a person who was born in a foreign country, the court, upon evidence presented by the Commissioner of Human Services from information secured at the port of entry or upon evidence from other reliable sources, may make findings of fact as to the date and place of birth and parentage. Upon receipt of certified copies of the court findings and the order or decree of adoption, a certificate of adoption, or a certified copy of a decree issued under § 259.60, the State registrar shall register a birth record in the new name of the adopted person.

The certified copies of the court findings and the order or decree of adoption, certificate of adoption, or decree issued under § 259.60 are confidential and shall not be disclosed except pursuant to court order or § 144.2252. The birth record shall state the place of birth as specifically as possible and that the vital record is not evidence of U.S. citizenship.