Laura Kalish Adoptions Law Blog on Lawyers.com

Some common questions asked by adoptive parents are: "Do I have to file additional paperwork with U.S. immigration?" "Do I have to go to state court?" "What do I do if I want to get a Texas birth certificate or name change?" 

U.S. Immigration: 

In most cases, whether or not you need to file additional paperwork with U.S. Immigration will depend on two things: 

a) what type of visa the child had to enter the US (whether the adoption was full and final), and b) when the child entered the US. 

a) The type of visa

In some cases, the adoptive parents will have to re-adopt when they bring the child to the U.S.   These children will have entered on an IR-4 (or IH-4) visa.  These children need to have a full and final adoption completed in the US by their 16th birthdays and then paperwork must be filed with the US Immigration service on their behalf.  

Children who come in to the US with an IR-2 visa will also have to complete an immigration process. These children were adopted overseas and have already lived with the adoptive parent or parents for at least 2 years prior to coming to the U.S.

Children who came in with an IR-3 visa (or IH-3) have already had an adoption that is full and final for immigration purposes.  If they have already received their certificate of citizenship from U.S. immigration then the parents only need to decide whether they wish to file in state court for other reasons (see below).

b. When the child entered

Another consideration is when the child entered.  The Child Citizenship Act of 2000 granted automatic citizenship to certain children, and some of the children who entered the US with the Act in effect became US citizens automatically and received certificates of citizenship.  This Act will not apply to children who became 18 prior to February 27, 2001, (they have other options).  There are also some children who are entitled to the benefits of the Act but may not have received an automatic citizenship certificate and may need to apply.

A parent who thinks that their child is entitled to receive a certificate of citizenship and did not receive one should follow up with US immigration or obtain the help of an attorney.

Texas Court

Under Texas law, an adoption order rendered by a foreign country to a Texas resident will be given "full faith and credit" unless it violates "the fundamental principles of human rights or the laws or public policies of the state".  A foreign adoption order may be "registered", "recognized" or "reaffirmed" (this terms are often used interchangeably) by a Texas Court.

Adoptive parents may need to file for "re-adoption" in a Texas court to obtain a "full and final" adoption, (as explained above).  But even when the foreign adoption was "full and final" adoptive parents often choose to do so in order to obtain a Texas birth certificate. Whenever a birth certificate is needed for an official reason it is much more convenient to produce a Texas birth certificate (one page), than to have to show several pages of documents with translations.

Other Considerations

In addition to satisfying U.S. Immigration, a parent will have to show official documentation in order to put the child on health insurance, and to obtain federal tax credits.

There are people in the U.S. who were adopted as children and never had the paperwork process completed properly.  This can lead to serious problems with proving work eligibility, obtaining a driver's license, getting financial aid, and attending college. An immigration attorney can evaluate such cases and explain any available options.

Although the paperwork process in a foreign adoption can seem overwhelming at times, my advice is "Don't quit when you're almost there!"  Those last final, steps are crucial. It is much easier to complete the process now than to fix a problem later!

Laura Kalish is a partner at Kalish Law Office in The Woodlands, Texas and practices in the areas of domestic and foreign adoption and family-based immigration. She can be reached at kalishlawlaura@aol.com or at 281-363-3700. The firm's website can be found at www.kalishlawtexas.com