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foreign adoption and US birth certificate

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verivox

Guest
What is the name of your state? PA

We adopted our daughter from China in July 2002. I know she is a US citizen now, but how can we get her a US birth certificate? All I have been told is to re-adopt her and I don't know why we should have to pay another $400 to redo something that is already done just to get a piece of paper. Isn't there some form I can fill out and mail somewhere to get it?
 


nextwife

Senior Member
While you CAN get a US Passport easily, by sending in the appropriate docs, a US Birth Certificate in most states DOES require readoption.

THis site summarizes the varying state's readoption/registration of foriegn birth laws.

http://www.calib.com/naic/laws/statutes/tblInternational_searchresults.cfm
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Pennsylvania

Statutes Include Information on International Adoption: Yes

Effect of Foreign Adoption Decree:
Pennsylvania Consolidated Statutes Annotated Title 23, § 2908 (1997)
When a decree of adoption of a minor is made or entered in conformity with the laws of another State or a foreign country whereby a child is adopted by a resident of this Commonwealth, a copy of the final decree, properly authenticated, may be filed with the clerk in the county of residence of the adopting parents. The decree and such other documents as may be filed therewith shall be kept in the files of the court as a permanent record thereof.


Validation of Foreign Adoption:
Pennsylvania Consolidated Statutes Annotated Title 23, § 2908 (1997)
Upon the filing of a foreign decree of adoption, the clerk shall enter upon the docket an entry showing the foreign court, identification of the proceedings therein and the date of the decree

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SOOO, it appears that PA is one of those states in which a foriegn adoption decree can be "registered" locally. Call your county courthouse.
 
V

verivox

Guest
Actually, I can't get my daughter a passport easily. Would you believe that many federal government agencies don't recognize her as a citizen? The passort place told me I needed proof of citizenship to get her a passport. I had been told that a passport could BE her proof of citizenship. I can apply for a "Certificate of Citizenship" through INS, but it can take a year to get the official document. What about in the meantime? She is a citizen with no way of proving it to anyone! Help!
 

nextwife

Senior Member
What type of INS Visa did she enter the US on? Did you both meet her BEFORE the adoption was final? If so, she should be eligable for a passport under the Adopted Child Citizenship Act of 2000

http://www.travel.state.gov/childcitfaq.html

"FACT SHEET

Child Citizenship Act Of 2000

Purpose

On February 27, 2001, the Child Citizenship Act of 2000 becomes effective. The aim of this law, which, among other things, amends Section 320 of the Immigration and Nationality Act (INA), is to facilitate the automatic acquisition of U.S. citizenship for both biological and adopted children of U.S. citizens who are born abroad and who do not acquire U.S. citizenship at birth. We are pleased to note that, because of this law, U.S. citizenship will be conferred automatically upon thousands of children currently in the United States.

Requirements

The following are the Act's requirements:

At least one parent of the child is a U.S. citizen, either by birth or naturalization.
The child is under the age of 18.
The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence.
If the child has been adopted, the adoption must be final."

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see also
http://www.childadopt.com/citizen.htm

If your child meets the requirements of the Act, just print out a copy and show it to the moron at the post office who said that your kid needed to be naturaized before a passport can be issued. Under the Act, qualified adopted kids of US Citizens are automatically citizens. You will need to take certain documents along as well, to get the passport.

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"Q: Does the Act apply to foreign-born children who have immigrated to the United States in order to be adopted as well as to those who have been adopted abroad?

A: Yes. Children who have immigrated to the United States in order to be adopted become citizens as soon as the adoption decree is final.

Q: Does it matter in which order the requirements are met?

A: No. The order does not matter. Citizenship is acquired automatically as soon as all of the requirements have been met.

Q: Will a child who has met the requirements of this new law need to apply for a passport from the State Department or a Certificate of Citizenship from the Immigration and Naturalization Service (INS) in order to become a citizen?

A: No. As soon as the law's requirements have been met, the child acquires U.S. citizenship automatically without the need to apply for either a passport or a Certificate of Citizenship.

Q: What documents are required to obtain a passport for a child who became a U.S. citizen under the Act?

A: (1) Evidence of the child's relationship to a U.S. citizen parent (a certified copy of the foreign birth certificate for children born to an American or, if adopted, a certified copy of the final adoption decree); (2) the child's foreign passport with INS's I-551 stamp or the child's resident alien card; and (3) the parent's valid identification.

Q: How does someone prove admission into the United States as an immigrant for lawful permanent residence?

A: Either the child's permanent resident alien card, commonly known as a "green card," or an I-551 stamp placed in the child's passport by INS.

Q: How does a child demonstrate adoption in order to obtain a passport and/ or Certificate of Citizenship?

A: By presenting a certified copy of a final adoption decree."

Good luck.
 
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V

verivox

Guest
Yes, I know she is a citizen under the new law. It's just that most govenment agencies don't recognize the law. I have friends that couldn't get their adopted child's SS# because they were told at the SS office that (and I quote) "We don't recognize that law here."
When I tried to get her a passport, Passport Services themselves told me that the law made her a "pseudo-citizen" -- that she had many of the rights and privileges of a citizen without ever being one. They said that she could never declare US citizenship.
By the time I tried to get a SS# or passport for my daughter, the law had been in effect for 1 1/2 years, yet no one who should have known knew about it. My SS office never even heard about the law, let alone knew the details of it.
It's just VERY frustrating that this wonderful law was passed but in reality it means close to nothing. I can't get a passport, I can't get a US birth certificate, I can't prove with a document that she is a citizen. They don't seem very interested in what I printed off the INS website detailing the law. I'm just venting now.
Thanks for your help.
 

nextwife

Senior Member
I am on multiple web lists for parents of international adoptees, and plenty of us obtained both SS#s and passports.

WE first had a SS # for a non-citizen. We took the required documents to the post office after the law passed, and 4 weeks later we had her US passport. IF someone there refuses, have them call a supervisor. If the supervisor doesn't take care of it have him call HIS supervisor. The postal service DOES have awareness of this law and any branches that handle passport can handle it. But take a copy of the act with you. If they won't do it, get everyone's name and call your congressman.

Once you have the new passport, take that to the SS office and have them CHANGE the status on her SS# to citizen. They do allow the change, I've already done this.

FYI- WE ARE planning on also getting a COC, but in the meantime she has her US passport and we have traveled with her out of the US four times.
 
V

verivox

Guest
Thanks for the info.

What's this about the post office? I live Harrisburg, PA (the state capital) and all I knew I could do was go down into town to the courthouse -- the prothonatary office, to be exact, for her passport. They called Passport Services and, well, I told you about the pseudo-citizen thing. The prothonatary office said that Passport Services has gotten more picky about who gets a passport since 9/11. Did you get your child's passport before or after that?

In Harrisburg we have an official SS office that I went to for my daughter's SS#. The lady there knew othing of the law, but she gave us a SS card with my daughter's American name on it. I asked if it was a citizen or resident SS card and she said they were all the same. She was baffled by my question. Her card looks like mine, so does she have a citizen SS card or what? And can I do all of this at the post office? It's much closer than going all the way into downtown Harrisburg.

Oh, yeah. Do you have an American birth cert for your child? And can anyone tell me the benefits of having one?
 

nextwife

Senior Member
"What's this about the post office? I live Harrisburg, PA (the state capital) and all I knew I could do was go down into town to the courthouse -- the prothonatary office, to be exact, for her passport."

First, here is a list of Passport Acceptance offices (Many of which are US Post Offices). You can downlaod the Passport Application, have it completed, and go down to one of the post offices that will take your application AND all necessary docs and her passport photo.and send it on. In about four weeks you can have the passport.

" USPS Passport Acceptance Offices: Call the main USPS information number toll free 800-275-8777. They will confirm the hours the passport acceptance officer is available, any requirements for advance appointments and will be able to give you specific driving directions."

http://www.passportinfo.com/Local/PA.htm

While things have become tighter since 9/11, an adopted kiddo, especially a preschooler, who is legally entitled to a passport because of The Adopted Child Citizenship Act (HR 2883) will NOT be denied one. Honest, they really are not worried about 2 year old Chinese orphans being terrorists!

If they give you a hard time, tell them to call their main office. Your child is entitled to apply and get a passport and does NOT need a COC to do so.

WE chose to do a readption in Wisconsin for THREE reasons. One was to have an easily replaceble American Birth Certificate, another was to add another layer of legal protection to our adoption. Third was to complete our daughter's name change. Hers was NOT done when the courts in Bulgaria finalized her adoption and she still carried her birth name, although her adoption birth certificate named us as parents.

We DID do the readoption ourselves without an attorney. Our Children's Court (which has jurisdiction over adoptions) has a very simple packet of documents available for a small ($5) fee that we completed ourselves. We did pay for the post placement home study that the court needed, but other than that, the costs were VERY moderate (under $100), even with registering her new birth certificate in the State Capitol and obtaining multiple copies. WE have traveled internationally with her several times, and having her US Birth Certificate and Passport just makes things easier.

Good luck.
 

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