State Recognition of Intercountry Adoptions Finalized Abroad - New York

Date:

Effect and Recognition of a Foreign Adoption Decree

This issue is not addressed in the statutes reviewed.

Readoption After an Intercountry Adoption

Citation: Dom. Rel. Law § 115-a(8)

Notwithstanding any provision of law to the contrary, when a child is placed with a couple or individual in New York State for the purpose of adoption, and the adoption has previously been finalized in the country of birth outside the United States, the couple or person may petition the court in their county of residence in New York State for the readoption of the child in accordance with the provisions of this chapter, providing for adoptions originally commenced in this State.

In any proceeding for readoption, proof of finalization of an adoption outside the United States shall be prima facie evidence of the consent of those parties required to give consent to an adoption.

Application for a U.S. Birth Certificate

Citation: Pub. Health Law § 4138-b

A certificate of birth shall be prepared whenever proper proof is submitted to the commissioner that a person who is under age 18 and born outside of the United States has been validly adopted by residents of this State pursuant to a judgment, order, or decree of adoption issued by a court of competent jurisdiction in this State, another State, or a foreign country.

A completed request shall include:

  • Proof that the adoptive parent was a resident of this State at the time of adoption
  • A copy of the adoption documents of the jurisdiction or country where the adoption took place
  • A certified translation of the foreign adoption documents
  • Evidence of the date and place of the child's birth
  • Evidence of IR-3, IR-4, or IH-3 immigrant visa status or a successor immigrant visa status

The new birth certificate shall include the child's name, sex, date of birth, time of birth, place of birth, mother's maiden name, and father's name.