State Recognition of Intercountry Adoptions Finalized Abroad - Mississippi

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Code § 93-17-305(1)-(3)

An adopting parent or parents may petition the chancery court in the county having jurisdiction to register a foreign adoption decree so that it will be given full and final effect in this State. As part of the petition to register a foreign adoption, a child's name may be changed from that appearing on the foreign adoption decree if all other legal requirements for a name change are met.

A foreign adoption decree previously registered or otherwise finalized by a court of this or any other State may not be registered subsequently in any court of this State.

If the chancellor determines that the foreign adoption can be registered, the chancellor shall sign the order and shall direct the chancery clerk to enter the date of the foreign adoption decree and identify the foreign court on the docket. A certified copy of the order, along with a copy of U.S. Government Form N-560, Certificate of Citizenship, or a copy of the child's United States passport, or both, if either or both documents are a part of the court file, shall be provided to the petitioner by the chancery clerk.

Readoption After an Intercountry Adoption

Citation: Ann. Code § 93-17-305(4)-(5)

If the chancery court determines that the foreign adoption cannot be registered, the petitioner may proceed as applicable under the provisions of this chapter for adoptions generally. Reasons for which a foreign adoption cannot be registered include, without limitation, that the court has determined that the foreign adoption is not a full and final adoption because the foreign-born child has been issued an IH-4 or IR-4 visa.

Adopting parent(s) who are eligible to register a foreign adoption under this article may, for any reason, proceed under this chapter as for adoptions generally.

Application for a U.S. Birth Certificate

Citation: Ann. Code §§ 93-17-21(2); 93-17-303

Either an original or a revised birth certificate may be issued by the Bureau of Vital Statistics to any child who was born outside the United States or its possessions and adopted by an order of a court in this State. Upon presentation of a certified copy of the final decree of adoption containing the required information, the bureau director shall be authorized and directed to receive the certified copy of the decree of adoption and prepare and record a birth certificate that shall disclose the following information:

• The adopted name of the child
• The child's race, sex, and date of birth
• The child's place of birth (the actual town, district, and county, except when the child is born in a penal or mental institution, in which case the name of the county shall be sufficient)
• The names, race, ages, places of birth, and occupation of the adoptive parents, including the maiden name of the adoptive mother

The certificate shall have the appearance and indicia for a 'revised' certificate issued to a child born in this State. The bureau director shall be authorized and directed to issue certified copies thereof, the same as if the birth certificate were that of a child who had never been adopted.

A child who has automatically acquired U.S. citizenship following a foreign adoption and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act (P.L. 106-395), may be issued a Mississippi birth certificate upon compliance with this article and the requirements for adoptions under this chapter.

A parent shall not proceed under this article if the foreign adoption has been registered or otherwise finalized by a court of this or any other State.