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Sunday, August 17, 2008

DRL 111-c Added to Grant Foreign Adoptions Full Faith and Credit in New York State

Section 111-c was added to the Domestic Relations Law. It provides the same rights to foreign adoptions as adoptions in New York State, provided that either adopting parent is a resident of this state and the validity of the foreign adoption has been verified by the granting of an IR-3 immigrant visa, or a successor immigrant visa, for the child by the United States Citizenship and Immigration Services. It grants foreign adoptions full faith and credit by the courts of New York State and provides that they shall be enforced as if the order were rendered by a court within New York, unless the foreign country violates the fundamental principles of human rights. No action is required. An adoption is considered "final" under the laws of New York state upon either adopting parent being a resident of this state and the granting of an IR-3 immigrant visa, or a successor immigrant visa. However, either adoptive parent or a guardian or a guardian ad litem may register the order in this state with the judge or surrogate of the county in which the adoptive parent or parents reside. It appears that a petition must be filed to register the foreign adoption order. If the court finds that the foreign adoption order meets complies with this section, the court must issue an order of adoption to the party who has petitioned for such an order and upon registration a birth certificate shall be issued. Laws of 2008, Ch 329, §1, effective October 19, 2008.

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