Adoption of a Foreign Child in North Dakota
Adopting a child from another country, also known as international adoption, is a complex process that involves both U.S. federal law and the laws of the child’s country of origin. In North Dakota, the process is governed by the North Dakota Century Code (NDCC) and the Interstate Compact on the Placement of Children (ICPC).
Legal Requirements for International Adoption
According to NDCC 14-15-17, to validate a foreign decree of adoption in North Dakota, the adoptive parent must provide several documents to the court. These include:
- 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 its English translation.
- The individual’s foreign adoption decree and its English translation.
- A signed affidavit from the agency stating that the foreign adoption is valid and stating 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.
Interstate Compact on the Placement of Children (ICPC)
The ICPC is an agreement among all 50 states, the District of Columbia, and the U.S. Virgin Islands that establishes uniform legal and administrative procedures governing the interstate placement of children. North Dakota is a party to this agreement.
According to Article III of the ICPC, no sending agency may send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency complies with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.
Immunity and Recognition of Foreign Decree
According to NDCC 14-15-17, a decree of court terminating the relationship of parent and child or establishing the relationship by adoption issued pursuant to due process of law by a court of any other jurisdiction within or outside of the United States must be recognized in North Dakota. The rights and obligations of the parties as to matters within the jurisdiction of North Dakota must be determined as though the decree were issued by a court of North Dakota.
Furthermore, any child-placing agency discharging in good faith its responsibilities under this section is immune from any liability, civil or criminal, that otherwise might result.
In conclusion, adopting a child from another country involves a complex legal process. It is recommended to consult with a legal professional experienced in international adoption to ensure all legal requirements are met.