State Recognition of Intercountry Adoptions Finalized Abroad - North Dakota

Date: April 2018

Effect and Recognition of a Foreign Adoption Decree

Citation: Cent. Code § 14-15-17(1)

A court decree establishing the relationship of parent and child by adoption issued pursuant to due process of law by a court of any other jurisdiction within or outside of the United States must be recognized in this State, and the rights and obligations of the parties as to matters within the jurisdiction of this State must be determined as though the decree were issued by a court of this State.

Readoption After an Intercountry Adoption

Citation: Cent. Code § 14-15-17(2)

To obtain a validation of a foreign adoption decree, the adoptive parent shall provide to the court:

  • A petition for validation of foreign adoption
  • An admission stamp in the adopted child's passport that indicates that he or she was admitted to the United States with an IH-3 or IR-3 visa
  • The child's foreign birth certificate and English translation
  • The child's foreign adoption decree and English translation
  • A signed affidavit from the agency that states that the foreign adoption is valid and states the name by which the adopted child is to be known

The petition for validation of foreign adoption must be signed and verified by the petitioner, filed with the clerk of the court, and state:

  • The date and place of birth of the adopted child, if known
  • The name to be used for the adopted child whose foreign adoption decree is being petitioned for validation
  • The date the petitioner acquired custody or the date of placement of the child and the name of the foreign country's placing agency
  • The full name, age, place, and duration of residence of the petitioner
  • The marital status of the petitioner, including the date and place of marriage, if married

Upon a finding that these requirements have been met, the court shall issue a decree of validation of foreign adoption. The clerk of court shall forward a copy of the decree of validation of foreign adoption to the Registrar of Vital Statistics for the issuance of a birth record in accordance with § 14-15-18.

Application for a U.S. Birth Certificate

Citation: Cent. Code §§ 14-15-18; 23-02.1-18(2)

Within 30 days after a decree of validation of foreign adoption becomes final, the clerk of the court shall prepare an application for a birth record in the new name of the adopted child, forward the application to the appropriate vital statistics office, and forward a copy of the decree to the Department of Human Services of this State for statistical purposes. In the case of the adoption of a person born outside of the United States, the court may make findings, based on evidence from the petitioner and other reliable State or Federal sources, on the date and place of birth and parentage of the adopted child. These findings must be certified by the court and included with the report of adoption filed with the State Registrar of Vital Statistics.

For a person born in a foreign country whose adoptive parents are residents of the State of North Dakota at the time of the adoption, the State registrar shall prepare a new birth record:

  • In the case of a foreign-born person adopted in North Dakota, upon presentation of a report of adoption as required by § 23-02.1-17
  • In the case of a foreign-born person adopted outside the State of North Dakota, outside the United States, or in the State of North Dakota prior to July 1, 1979, upon presentation of a certified copy of the adoption decree, and:
    • A certified copy of the birth record of the adopted child
    • An affidavit of an adoptive parent setting forth the true or probable date and place of birth and parentage of the adopted child

Any certification of a birth record issued under this subsection must be in the same form as other certifications of birth records issued in this State, except that it must state that it does not purport to be evidence of U.S. citizenship.