In the year 2000, Congress passed the Child Citizenship Act which made all foreign-born children U.S. citizens at the time of their adoption. The adoptive parents, however, still had to submit an application for citizenship and wait months for processing.

In 2004, The United States Bureau of Citizenship and Immigration Services reengineered its processing in order to streamline the production of Certificates of Citizenship for certain children adopted abroad.

Streamlined processes were developed for newly-entering IR-3 children who are automatically U.S. Citizens when they arrive. These newly entering IR-3 children will receive Certificates of Citizenship within 45 days of their arrival instead of receiving a Permanent Resident Card and then filing the N-600 for a Certificate. 

However, children entering into the country on IR-4 visas with guardians become U.S. citizens only upon adoption in the U.S.

See www.uscis.gov/graphics/services 

Readoption in Florida  

Readoption is the process whereby a child who has been legally adopted in another country is again adopted in the United States.  The process is controlled by state law.

The child must have been legally adopted under the laws of another country and must satisfy U.S. Immigration requirements for that child to lawfully enter the country.

Why Readopt? 

Readoption recognizes and legally secures the adoption under U.S. law. This could be important in estate distributions and other rights available under our law. Through this process, a state birth certificate can be obtained for the child. The birth certificate that is given from the foreign country is in the language of that country and is difficult to use at registration for school, and even such things as little league and soccer registrations.

And what happens if that foreign-issued birth certificate is lost or damaged? It can be very difficult and time consuming to obtain such a replacement birth certificate from the issuing country.

The legal process for Readoption 

A Petition for Adoption is filed in the State Court and a Florida Final Judgment of Adoption is obtained upon presentation of documentation to the court of a lawfully completed adoption in a foreign Country. Upon the court recognizing the lawfulness of the foreign judgment, this process establishes a permanent record of the child's name, date of birth, and legal status between the child and adoptive parents in the Department of Vital Statistics in the State of Florida.

This does not affect the citizenship of your child, because that is usually established immediately upon your adoption of the child.  So the child will either have automatic citizenship, which has been granted upon the adoption, or you will need to file for citizenship depending on the entry status of your child. 

Please call me for assistance with readoption and citizenship issues relative to adoption.