International Adoption in North Dakota
International adoption, also known as intercountry adoption, is a process where an individual or couple becomes the legal and permanent parents of a child who is a national of a different country. In North Dakota, the process of international adoption is governed by both federal laws and the laws of the child’s country of origin. This article will provide a detailed overview of the process, requirements, and legal considerations involved in international adoption in North Dakota.
Legal Framework for International Adoption
The legal framework for international adoption in North Dakota is primarily established by the North Dakota Century Code. Specifically, the process for validating a foreign adoption decree is outlined in the provided context document.
According to the document, the adoptive parent must provide the court with a petition for validation of foreign adoption, an admission stamp in the adopted individual’s passport indicating that the individual was admitted to the United States with an IH-3 or IR-3 visa, the individual’s foreign birth certificate and English translation, the individual’s foreign adoption decree and English translation, and a signed affidavit from the agency stating that the foreign adoption is valid and the name by which the individual is to be known.
The petition for validation of foreign adoption must be signed and verified by the petitioner, filed with the clerk of the court, and state the following:
- The date and place of birth of the individual to be adopted, if known.
- The name to be used for the individual whose foreign adoption decree is being petitioned for validation.
- The date the petitioner acquired custody or the date of placement of the individual and the name of the foreign country’s placing agency.
- The full name, age, place, and duration of residence of the petitioner.
- The marital status of the petitioner, including the date and place of marriage, if married.
Upon a finding that the requirements have been met, the court shall issue a decree of validation of foreign adoption. The clerk of court shall forward a copy of the decree of validation of foreign adoption to the registrar of vital statistics for the issuance of a birth record in accordance with section 14-15-18 of the North Dakota Century Code.
Post-Adoption Procedures
After the adoption decree or decree of validation of foreign adoption becomes final, the clerk of the court must prepare an application for a new birth record in the new name of the adopted individual and forward the application to the appropriate vital statistics office of the place, if known, where the adopted individual was born. This is in accordance with section 14-15-18 of the North Dakota Century Code.
In the case of the adoption of an individual born outside of the United States, the court may make findings, based on evidence from the petitioner and other reliable state or federal sources, on the date and place of birth and parentage of the adopted individual. These findings must be certified by the court and included with the report of adoption filed with the state registrar of vital statistics pursuant to section 23-02.1-17.
Conclusion
International adoption in North Dakota involves a complex legal process that requires careful adherence to both state and federal laws. Prospective adoptive parents should seek legal counsel to ensure they fully understand and comply with all requirements. The validation of a foreign adoption decree is a critical step in this process, and it is essential to provide all necessary documentation and information to the court. Once the adoption is validated, the court will issue a new birth record for the adopted individual, marking the completion of the international adoption process.