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Re-Adopting a Foreign Child in Texas for Military Families

 Posted on April 26, 2024 in Adoption

Denton, TX military family lawyerPeople who want to adopt a child in Texas must follow a strict process. This procedure is slightly different if the child is from another country. In most cases, the adoption process for a foreign child is initiated in the child’s home country. This is because international law usually requires the adoptive parents to visit the child’s country to obtain a judgment of adoption.

Any adoption case requires the approval of a judge, who issues a decree of adoption. If you are considering adoption, seek the help of an experienced adoption lawyer in Texas who can walk you through the process.

What is Re-Adoption?

Any United States citizen who wishes to adopt a child in another country must travel to that country and adopt the child locally. This is because of an agreement between the United States and other countries called the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

Re-adoption is when parents who already adopted a child in his or her home country adopt the child in the United States. This may be more common for military families who have spent significant amounts of time in other countries. If this is the case for you, it is especially important to work with an attorney who understands family law issues for military families, including divorce, adoption, and child custody.

How Do I Re-Adopt?

If you have already adopted a child in another country and he or she has an IR-3 (IH-3) visa, you are not required to re-adopt. If you choose to do so, however, you will need to do the following:

  • File a petition with a court to confirm the adoption

  • Provide the court with a copy of the child’s immigrant visa issued by the Department of Homeland Security

  • Provide proof of adoption from the child’s home country

  • Provide any other evidence a court may require

Why Should I Re-Adopt?

If you are the adoptive parent of a foreign-born child, there are a few reasons why you might want to re-adopt even though it is not required:

  • If you re-adopt, then you can apply for a United States birth certificate for the child. This is important because if you lose the child’s foreign birth certificate, you might have to travel back to his or her home country to get another one.

  • Some states do not recognize foreign adoption judgments. They would, however, accept a domestic adoption decree from Texas.

  • If any issues arise with the child’s adoption, a Texas court would have some jurisdiction.

  • Institutions like schools and financial organizations will want to see a copy of the child’s birth certificate. It will be simpler to provide them with a birth certificate issued within the United States than foreign papers.

  • If you and your spouse separate, protecting your parental rights and managing child custody issues will be easier if you have taken care of any potential paperwork issues in Texas

Contact a Denton, TX Family Lawyer

The process for re-adopting a foreign child should be followed carefully. Failure to follow certain legal steps can mean you have to travel back to the child’s home country. It can also mean unnecessary complications in the child’s life. Avoid these pitfalls by retaining a qualified Denton County, Texas family law attorney who understands the adoption process. The attorneys at The Law Office of Linda Risinger have over 30 years of legal experience practicing family law and are offering free consultations. Call 972-294-6533 today.

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