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Readoption Considerations?


My daughter was adopted internationally, and the adoption was final prior to her arriving in the US, so she is and has been ever since a US citizen. However she has a very strong ( mostly healthy) connection to her country of origin.

I have been told that there are some benefits to readopting later in the US. Most notably that it is easier to get birth certificates for US college applications, and that there is less likelihood of any problems with inheriting after US adoptive parents die.

The main disadvantage of readopting is the new birth certificate that is somewhat of a farce with her then listed as being born to me in the United States. To someone who has pride in her birth country, this is like taking her heritage away. (Her birth certificate now lists her being born to me in her country of origin!! Which already enshrines the loss of her connection to her birth mom, but at least keeps her own connection to her birth country.) I have been told that she will not lose her citizenship in her native country no matter what, but I understand her concerns.

I’d like to ask if anyone has any thoughts, or has encountered any problems due to not readopting. If so how did you get around them? Any thoughts by adoptees as well?

Replies

I don’t think they change they place of birth to the US - that wouldn’t be allowed, even though some states allow the AP’s place of residence to be the place of birth, but only if the adoption occurred in the state of birth, if birth happened in another state it can’t be changed

This is Washington state vital records code, it doesn’t speak clearly either way, but I think it would if the place of birth changed as I noted above. 

(2) Whenever a decree of adoption has been entered declaring a child, born outside of the United States and its territories, adopted in any court of competent jurisdiction in the state of Washington, a certified copy of the decree of adoption together with evidence as to the child’s birth date and birth place provided by the original birth certificate, or by a certified copy, extract, or translation thereof or by a certified copy of some other document essentially equivalent thereto, shall be recorded with the proper department of registration of births in the state of Washington. The records of the United States immigration and naturalization service or of the United States department of state are essentially equivalent to the birth certificate. A certificate of birth shall issue upon request, bearing the new name of the child as shown in the decree of adoption, the names of the adoptive parents of the child and the age, sex, and date of birth of the child, but no reference in any birth certificate shall have reference to the adoption of the child. Unless the court orders otherwise, the certificate of birth shall have the same overall appearance as the certificate which would have been issued if the adopted child had been born in the state of Washington.
https://app.leg.wa.gov/rcw/default.aspx?cite=70.58.210

https://www.childwelfare.gov/pubPDFs/intercountry.pdf

Posted by Toa on Apr 13, 2018 at 6:22pm

Hi Toa,

the child’ birth certificate is issued from the state where the adoption paperwork is filed in the US. I could have an attorney in some other state than I reside do the paperwork and she officially would have a birth certificate from that state, even if never ever being born or having lived there (at least in some states).. But you are right that I do not know if her place of birth is listed anywhere as the original country or not. That is a good question..

Posted by Happy Camper on Apr 13, 2018 at 7:54pm

My son’s New York State certificate birth that we got following the readoption says that he was born in China and lists us as his parents.

Posted by EJones on Apr 14, 2018 at 1:40am

Interesting! Thank you both. Anyone know about MA? I guess I am going to have to ask a lawyer familiar with adoptions here.

Also anyone not re-adopt and have problems of any sort - either with inheritance or with it making it difficult to do college applications??

Posted by Happy Camper on Apr 20, 2018 at 1:23pm

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