State Recognition of Intercountry Adoptions Finalized Abroad - Oregon

Date: April 2018

Effect and Recognition of a Foreign Adoption Decree

Citation: Rev. Stat. § 109.385(2)-(3)

An adoption in a foreign nation under the laws of that nation of a person who is at the time of the adoption a national of the nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation where the adoption occurred, unless the adoption violates fundamental principles of human rights or the public policy of the State or the Federal government.

A copy of a decree, order, judgment, certificate, or other document of adoption by adoptive parents, at least one of whom is a citizen of the United States, issued by a court or pursuant to an administrative proceeding of competent jurisdiction in the foreign nation is prima facie evidence in any court or administrative proceeding in this State that the adoption was legal and valid.

Readoption After an Intercountry Adoption

Citation: Rev. Stat. § 109.385

An adoptive parent who has adopted a person in a foreign nation may petition the court for readoption for the purpose of obtaining a judgment of adoption from the circuit court of the county in which the petitioner resides.

A petition for readoption must be signed by the petitioner and must contain the following:

  • The full name of the petitioner
  • The current marital or domestic partnership status of the petitioner
  • The gender and full birth name, adopted name, and any other alias of the adoptee
  • A statement of the place and date of the adoptee's birth in the foreign nation
  • A statement that the foreign adoption is legal and valid under the laws of the nation in which the adoption occurred and the date of the adoption
  • A statement that the person's entry into the United States has complied with applicable Federal immigration laws
  • If the readoption is of a minor child, a statement that a home study was completed and approved prior to the foreign nation adoption of the minor child
  • A statement of the desired new adoptive name for the person to be readopted
  • A statement requesting the clerk of the court, upon payment of any required fees, to issue to the petitioner a certificate of adoption under § 109.410 and a certified copy of the general judgment of adoption

A petition filed under this section must, if applicable, have the following attached as exhibits:

  • True copies of the foreign adoption decree, accompanied by an English translation, if necessary
  • True copies of the adoptee's foreign nation birth certificate and passport and proof of legal residency in the United States
  • Any other supporting documentation necessary to comply with the petition requirements in this section

Application for a U.S. Birth Certificate

Citation: Rev. Stat. § 432.245(7)

The State registrar shall prepare and register a record of foreign live birth for a person born in a foreign country who is not a citizen of the United States and for whom an adoption judgment was issued by a court of competent jurisdiction in this State if the court, the parents adopting the child, or the adopted person if the adopted person is age 18 or older, requests the record. The record must be labeled 'Record of Foreign Live Birth' and shall show the actual country of live birth.

After registering the record of foreign live birth in the new name of the adopted person, the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction in this State or as provided by rule of the State registrar.