If you are considering an international adoption or have recently adopted a child internationally, you may have heard a caseworker or other person make reference to the readoption process. What is that and how does it affect you? This blog provides an overview of readoption and explains when you may want to consider going through the process.
In most instances, when you adopt a child internationally, the adoption proceedings actually take place in the child’s native country. The adoption, then, is recognized in that country—but what about the United States?
According to the Hague Adoption Convention, all adoptions involving countries that are signatories to the Convention are considered full and final. That means that if the child is from a Convention country and the parents are as well, there’s no need to go through the readoption process. In addition, in the United States, Congress has passed a law that gives the U.S. Secretary of State the authority to issue a certificate to be attached to a foreign adoption order, such that state courts and agencies also recognize the adoption. Unfortunately, at this time, a number of the countries providing the most children for foreign adoption—the Ukraine, Ethiopia and the Democratic Republic of the Congo are among them—have not signed the Hague Convention.
Why Would You Readopt?
There are a number of good reasons to readopt:
- If you adopt the child in the United State, U.S. adoption laws will apply moving forward
- A readoption can ensure that your child will have inheritance rights
- You may be required to readopt to obtain a state birth certificate and name change—check your state adoption laws
Contact Our Office
To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail. For clients with personal injury or workers’ compensation claims, we offer a free initial consultation, and will represent you on a contingency basis, only charging attorney fees if we recover compensation for you.
Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.
Even though same-sex marriage is the law of the land now, there can still be legal challenges, especially when there are minor children involved. Typically, this is the parent who is biologically tied to the child. In many same-sex marriages, that person (the biological parent) is customarily the only one with actual parental rights. This may be the case, even in situations where both spouses raise the child together. There is a process, known as a second-parent adoption, where a non-biological parent can be granted many of the same rights as the biological parent, with any loss of rights by the biological parent.
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