State Recognition of Intercountry Adoptions Finalized Abroad - New Jersey

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Stat. § 9:3-43.2

A final judgment of adoption granted by a judicial, administrative, or executive body of a jurisdiction or country other than the United States shall have the same force and effect in this State as that given to a judgment of adoption entered by another State, without additional proceedings or documentation, if:

• The adopting parent is a resident of this State.
• The validity of the foreign adoption has been verified by the granting of an IR-3 immigrant visa, or a successor immigrant visa, for the child by the U.S. Citizenship and Immigration Services.

Readoption After an Intercountry Adoption

Citation: Ann. Stat. § 9:3-43.1

Notwithstanding the provisions § 9:3-37, et seq., or any other law to the contrary, an adopting parent shall not be required to petition a court in this State for adoption of a child if:

• The child was adopted under the laws of a jurisdiction or country other than the United States.
• The validity of the foreign adoption has been verified by the granting of an IR-3 immigrant visa, or a successor immigrant visa, for the child by the U.S. Citizenship and Immigration Services.

If an adopting parent chooses to file a petition for adoption in this State, a court may grant a judgment of adoption without requiring the consent of a parent, otherwise required pursuant to § 9:3-41, if the petitioner files with the petition a judgment of adoption, guardianship, or termination of parental rights granted by a judicial, administrative, or executive body of a jurisdiction or country other than the United States that is in compliance with the laws of that country.

Application for a U.S. Birth Certificate

Citation: Ann. Stat. § 26:8-40.1

The State registrar may file a new birth certificate for any child born in a foreign country who was not a citizen of the United States at the time of the child's birth, whose adopting parent is a resident of this State, and who is adopted:

• Through a court of competent jurisdiction in this State
• Under the laws of a jurisdiction or country other than the United States and has been granted an IR-3 immigrant visa, or a successor immigrant visa, by the U.S. Citizenship and Immigration Services

The new certificate shall be filed upon receipt of:

• A request for the certificate from the court, the adopting parent, or the adopted person if he or she is age 18 or older
• Proof that the adopting parent is a resident of this State
• An official copy of the judgment from the jurisdiction or country in which the child was adopted
• A certified translation of the foreign adoption
• Proof of the date and place of the child's birth
• Proof of IR-3 immigrant visa status or a successor immigrant visa status

When applicable, the State registrar may file a new certificate for any child who is not a citizen of the United States and who is adopted by a resident of this State. The certificate shall bear the notation 'certificate of foreign birth.' The notation may be removed at any subsequent date upon submission of acceptable proof that the child has become a citizen of the United States.