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NYFamilyLawyer, Lawyer
Category: Family Law
Satisfied Customers: 583
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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We adopted a girl from Ukraine in 2007 and want to get her a

Customer Question

We adopted a girl from Ukraine in 2007 and want to get her a US birth certificate. How do we go about doing this? Should we file adoption paperwork with our state court system? She is a US citizen and has her paperwork already.
Submitted: 1 month ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 1 month ago.

Hello. I’m a family lawyer, former trial lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues and other legal issues. I look forward to helping you today.

At the end of our discussion I’m going to ask you to rate me, okay? I’d appreciate it because this is the only way we get credit for our time here today. It is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney.

If I’m back not here right away, I’m typing my answer. Thanks!

Customer: replied 1 month ago.
i will rate you
Customer: replied 1 month ago.
are you there?
Expert:  NYFamilyLawyer replied 1 month ago.

Okay thank you. Oh I"m so sorry -- I'm typing -- I stuck this note at the top.

Congratulations on the adoption. Happy news!

Approximately 33 States, the District of Columbia, Guam, the Northern Mariana Islands, and Puerto Rico require adoptive parents to submit documentation from readoption or validation of a foreign adoption in a State court when they wish to request that the State Registrar of Vital Statistics issue a State birth certificate for the adopted child. This includes TX.

Expert:  NYFamilyLawyer replied 1 month ago.

I'm not done yet so there's more.

Expert:  NYFamilyLawyer replied 1 month ago.

Usually, the request for a birth certificate is accompanied by a certified copy of the final adoption decree.

The State Registrar issues the birth certificate in the new name of the adopted child, if requested by the adoptive parents, and the certificate shows the date and place of birth. In approximately 20 States and Guam, a notation is made on the certificate that it is not evidence of U.S. citizenship for the child.14 14 Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Hawaii, Idaho, Kentucky, Louisiana, Maine, Maryland, Minnesota, Montana, North Dakota, Pennsylvania, South Carolina, Vermont, and West Virginia. Afterwards, the Registrar seals the original birth certificate, order or decree of adoption, and the court findings, which are not unsealed except by court order or as provided by law.15 15 For additional information about an adopted child’s access to his or her sealed adoption records, see the Information Gateway State Statutes publication Access to Adoption Records at systemwide/laws_policies/statutes/infoaccessap.cfm. Suggested citation: Child Welfare Information Gateway. (2014). State recognition of intercountry adoptions finalized abroad. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau.

Expert:  NYFamilyLawyer replied 1 month ago.

Texas Effect and Recognition of a Foreign Adoption Decree Family Code § 162.023(a) : An adoption order rendered to a resident of this State that is made by a foreign country shall be accorded full faith and credit by the courts of this State and enforced as if the order were rendered by a court in this State unless the adoption law or process of the foreign country violates the fundamental principles of human rights or the laws or public policy of this State. Readoption After an Intercountry Adoption Family Code § 162.023(b) Adoptive parents may petition the court for registration of a foreign adoption decree that was issued abroad and may combine the petition for registration with a petition for a name change.

Application for a U.S. Birth Certificate Family Code § 162.023(b) If the court finds that the foreign adoption order meets the requirements of this statute, the court shall order the State Registrar to: • Register the order under chapter 192, Health and Safety Code • File a certificate of birth for the child under § 192.006, Health and Safety Code.

Expert:  NYFamilyLawyer replied 1 month ago.

So you can call the Registrar directly and ask if they can just take your paperwork and issue a birth certificate, but they may tell you that you have to go through the court procedure to register it. Has it been registered already -- I ask because you said you have your paperwork, so I just want to make sure what paperwork that is. Thanks!

Expert:  NYFamilyLawyer replied 1 month ago.

Do you need the registrar's number in your county? That can get you started. Also, you may not need to take this to court but if you do, I can find attorneys for you if you need that. Just let me know. I want to help you and I'm here to help.

Expert:  NYFamilyLawyer replied 1 month ago.

Does this help you and answer your question? Please let me know if there's anything else I can do to help you.

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