State Recognition of Intercountry Adoptions Finalized Abroad - Virginia

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Code § 63.2-1200.1(A)

Any adoption of a child who was born in a foreign country and who was not a citizen of the United States at the time of birth shall be recognized by the Commonwealth and the rights and obligations of the parties shall be determined as though the order of adoption was entered by a court of the Commonwealth if the adoption was finalized pursuant to the laws of the country from which the child was adopted, and the child was admitted to the United States with an IR-3 or IH-3 visa issued by the U.S. Citizenship and Immigration Services. In such cases, the adoptive parents shall not be required to readopt the child in Virginia.

Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate

Citation: Ann. Code §§ 63.2-1200.1(B); 32.1-261(E)

In cases in which an adoption of a child was finalized pursuant to the laws of a foreign country and the child was admitted to the United States with an IR-3 or IH-3 visa, the adoptive parents, if they are State residents at the time the adoption was finalized, may submit a report of adoption to the State registrar that shall:

• Include evidence as to the date, place of birth, and parentage of the adoptee
• Provide information necessary to establish a new certificate of birth for the adoptee
• Include a certified copy of the final order of adoption entered by the foreign court, together with a certified translation of the final order of adoption in cases in which the original order is not in English
• Include an affidavit from the adoptive parents indicating that they have received or are receiving supervision from a licensed child-placing agency in the United States and have satisfied all postadoption requirements as required by the foreign country from which the child was adopted

Upon request, the State registrar shall establish a Virginia certificate of birth for a person born in a foreign country upon receipt of a report of adoption for an adoption finalized pursuant to the laws of the foreign country or a report or final order of adoption entered in a court of the Commonwealth. The birth certificate shall (i) show the true or probable foreign country of birth and (ii) state that the certificate is not evidence of U.S. citizenship for the child for whom it is issued or for the adoptive parents. However, for any adopted person who has attained U.S. citizenship, the State registrar, upon request and receipt of evidence demonstrating such citizenship, shall establish a new certificate of birth that does not contain the statement required by clause (ii).