State Recognition of Intercountry Adoptions Finalized Abroad - Wisconsin

Date: April 2018

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Stat. § 48.97(2)

If the adoption of a child who was born in a foreign jurisdiction and who was not a citizen of the United States at the time of birth was finalized under the laws of the jurisdiction from which the child was adopted and if 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, both of the following apply:

  • The adoption shall be recognized by this State as though the order of adoption was entered by a court of this State.
  • The adoptive parent shall not be required to readopt the child in this State.

Readoption After an Intercountry Adoption

Citation: Ann. Stat. § 48.97(2)

Within 365 days of a child being admitted to the United States, the adoptive parent shall submit a letter to the court requesting registration of the foreign adoption order. The parent shall include in the request all of the following:

  • Evidence as to the date, place of birth, and parentage of the child
  • A certified or notarized copy of the final order of adoption entered by a court of the foreign jurisdiction and, if that final order is not in English, a certified translation of that final order
  • A sworn statement by the adoptive parent that includes all of the following:
    • That a home study was completed as required or recognized by this State and the home study recommends the parent as an adoptive parent
    • That the required preadoption training was completed
    • That the adoptive parent is receiving and will receive supervision from a licensed child welfare agency in the United States until the court enters an order registering the foreign adoption order and has satisfied all preadoption training requirements
  • The name and address of the adoptive parents and the child
  • Any other information necessary for the State registrar to prepare a certification of birth data for the child

Upon receipt of the letter, the court shall enter an order registering the foreign adoption order and may change the name of the child to that requested by the adoptive parents. The court shall then transmit the order registering the foreign adoption order to the state Registrar.

An order registering the foreign adoption order shall have the same effect as an adoption order granted under § 48.91.

Application for a U.S. Birth Certificate

Citation: Ann. Stat. § 69.15(2)(b)

If the State registrar receives an order that provides for an adoption of any person born outside of the United States by any person who is a resident of this State at the time of adoption, and if the adoptive parents present proof of the facts of birth to the State registrar, the State registrar shall prepare a certification of birth data for the subject of the adoption. The certification shall indicate:

  • The date and place of birth
  • The child's adoptive name
  • The adoptive parents' names
  • The sources of information of each of these facts

If the child has automatically acquired U.S. citizenship under 8 USC 1431 upon a court order granting an adoption after a foreign guardianship order, as required under § 48.97(3), the certification also shall indicate that the child is recognized as a U.S. citizen by this State and that the certification shall have the full force and effect of a birth certificate issued by the State registrar. If neither of the birth parents of the subject of the adoption are U.S. citizens, the new certification may include proof of the naturalization of the subject of the adoption.