The last couple of months have kept us weary, not only because we are chasing two toddlers, but because Kaylee has had sleep issues which have kept us pretty tired. I'll try to bring an update soon, but for now I want to extend an invitation to any available and interested parties.
Re-adoption and Citizenship Celebration for Janaya, Serge, and Kaylee
- Friday, May 21 in Courtroom #3 (Judge Alice O. McCollum) at the Montgomery County Courthouse at 41 N. Perry Street in Dayton
- Starts at 10:50 AM, but you will want to come early to find parking. Here is some helpful parking information.
- Cameras are allowed in the courthouse on this day only.
Why readopt?
For Janaya (from China) re-adoption will allow us to get an American birth certificate. This will make it easier for many things down the road such as jobs and schools. Re-adoption is recommended for Chinese adoptions, but not necessary. For Serge and Kaylee (from Rwanda) these things are true as well, but re-adoption is actually essential for making them American citizens (which Janaya already is). If we did not re-adopt Serge and Kaylee, then when they turned 18, they would essentially be illegal immigrants unless they went through the naturalization process. It is much easier to do it now.
Here is some helpful info from our adoption agency for those who want more details.
Readoption
Readoption is a means of documenting the parent-child relationship under U.S. law. Readoption is based on state, not federal, law, so the process varies widely among the states. In some states, it can be a simple matter of filling out a form and paying a fee. In others, it’s a complicated process that may require an adoption attorney.
All children adopted from Rwanda travel on an IR-4 visa. An IR-4 means that readoption MUST be completed in the U.S. for the adoption to be finalized. If your child entered the U.S. on an IR-4, they are essentially a Legal Permanent Resident (LPR) or green card holder until the readoption process is completed. You must complete the readoption process prior to the child’s 18th birthday or they will be subject to the naturalization process which can take years. AWAA strongly encourages all families to pursue the readoption process in their state.
The next step is to contact your county/city clerk to see how your locality handles readoption. Look up your state’s laws at the Child Welfare Information Gateway. Because the readoption process can be complicated and hard to navigate, AWAA strongly encourages families to consider working with an adoption attorney. We suggest finding a qualified attorney through the American Academy of Adoption Attorneys. If you decide to work with an attorney, we suggest that you take this time to update your will to include your newly adopted child.
Other Benefits of Readoption:
- Again, if your child entered the U.S. on an IR-4, readoption is mandatory.
- In some states, it is the first step in obtaining an U.S. birth certificate and/or legal name change.
- Readoption allows for a date-of-birth change if the evidence supports it.
- Readoption ensures that the validity of the adoption cannot be challenged in the event of a change in the political situation in the child’s country of origin.
- Readoption protects the adoption if it was tainted by fraud in the foreign country.
- Readoption can assure termination of birth parent’s parental rights as not all foreign adoption proceedings do so.
- Readoption protects the child’s right to inheritance in the United States.
- Readoption protects your child in the event they have trouble with the law later in life.
- Readoption will make the child’s life much easier as they get older because they will have a U.S. birth certificate. Having a U.S. birth certificate, in addition to other important government documents, will allow for the child to register for school, register for extra-curricular sports and activities, apply for a driver’s license, apply for college scholarships, work legally, enjoy voting rights, and enjoying all other rights and privileges that U.S. citizens enjoy.
“Registration” is a term you’ll see and it is not to be confused with “readoption.” Some states require that you register your foreign adoption decree with the local court in order to receive a U.S. birth certificate. While this process can be significantly easier than readoption, please note that registration does not satisfy any citizenship requirements and does not protect inheritance. Since your child arrived in the U.S. on an IR-4 visa, registration is NOT recommended for you.
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