In family law, adoption remains one of the most significant decisions a parent can make. However, as a seasoned international adoption lawyer knows, in cases of international adoptions, bringing a child home is just the beginning: every adoptive parent must start the legal process of re-adoption in North Carolina, which provides legal, emotional, and practical benefits for long-term peace of mind and stability.
This blog, from a family law attorney who focuses exclusively on adoption, explains re-adoption in NC to parents who have completed international adoptions. Continue reading about how this process protects your parental rights, your parent-child relationship, and your child’s future.
What Is Re-Adoption?
Re-adoption, as the term implies, is a legal process completed within the United States, specifically in your home state, to finalize or reaffirm an international adoption. Even though your child is already legally recognized as part of your family through the adoption process completed in their birth country, North Carolina does not automatically extend parental rights or certain protections provided by a domestic adoption.
Re-adoption results in the issuance of a state court order that formally recognizes the adoption. The value of this state court order lies in legal compliance and practical necessities, such as obtaining state-issued documents and citizenship.
When Re-adoption Is Necessary and Why
1. Guarantees Full State Legal Recognition
Although U.S. law generally recognizes foreign adoption decrees, NC imposes additional requirements.
According to NC General Statutes § 48-2-205, families of the adopted child from a foreign country must complete a re-adoption process in NC for the state to fully recognize the adoption.
- Recognition of the Foreign Adoption Decree: NC can accept the foreign adoption order instead of the birth parents’ consent.
- Joint Re-adoption Requirement: If the child was adopted by a married couple in an intercountry adoption, they must jointly petition for re-adoption in NC, even if no longer married. If one parent does not join, they must be included as a necessary party in the petition.
As adoption attorneys can attest, when adoptive parents complete this process, NC law formally recognizes international adoptions and provides these children with all the legal rights and protections inherent in domestic adoption. Adoptive parents in NC can rest assured knowing that the state’s judicial system supports their parental rights and their child’s legal standing, which is particularly important if legal disputes or questions about custody arise in the future.
2. Allows for a U.S. Birth Certificate
One of the most practical reasons to pursue re-adoption is to get a state-issued birth certificate for your child. A U.S. birth certificate supports many aspects of daily life, such as enrolling in school, applying for a driver’s license, obtaining a passport, and securing employment later.
Foreign adoption paperwork can be complex and difficult to interpret in certain circumstances. With a North Carolina-issued birth certificate, families avoid complications and access and understand their child’s vital records. According to the North Carolina Department of Health and Human Services (NCDHHS), a state birth certificate can streamline processes that your family may need to manage as your child grows older.
3. Confirms Citizenship for Your Child
While many children adopted internationally automatically gain U.S. citizenship under the Child Citizenship Act, which took effect on February 27, 2001, specific circumstances require additional confirmation. For example, if neither adoptive parent personally attended the adoption proceedings in the child’s country of origin, additional steps, such as re-adoption, might be required for citizenship status.
Completing a re-adoption in North Carolina can eliminate any doubts or gaps regarding your child’s citizenship status. It provides documentation that reinforces your family’s legal and emotional connection and recognizes your child as a full U.S. citizen with all associated rights and privileges.
4. Offers Emotional and Psychological Benefits
Beyond the legal and practical reasons, re-adoption offers emotional benefits for families. Standing before a North Carolina judge and formalizing the adoption within your home state reinforces the sense of permanency and belonging for your child. For children old enough to understand the significance of the occasion, the hearing can be a powerful milestone.
Adoptive parents also enjoy reassurance and peace of mind, knowing that NC law fully protects their family’s legal standing. This step often marks the beginning of a new chapter for families, symbolizing unity and the solidifying of lifelong bonds.
The Re-adoption Process in North Carolina
The first step involves filing a petition with your local court. You may need to provide documentation, such as the foreign adoption decree, the child’s immigration records, and a certified translation of any documents not in English. Once you meet these requirements, the court will issue an order recognizing the adoption.
The specifics of this process can vary depending on your family’s unique circumstances. North Carolina law requires different documentation and processes depending on how and where the foreign adoption was finalized. For example, re-adoption is particularly urgent if your child entered the U.S. on an IR-4 visa for non-Hague convention countries where the adoption was not finalized in the country of origin.
Over 100 nations, including the United States, abide by the Hague Adoption Convention. If you are adopting from a Convention country, you must follow the Convention requirements.
Mills Adoption Law: Your Guide for International Adoptions, Re-adoption & Building Your Permanent Family
At Mills Adoption Law, experienced attorney Bobby Mills has been assisting NC families with the adoption process, including re-adoptions, for over 35 years. Concerning complex international adoptions, his vast knowledge of immigration law, the Hague Convention, and NC state law helps parents secure the legal foundation for their new family dynamics in North Carolina and the United States.
Bobby Mills understands the complexities surrounding international adoptions and provides tailored guidance to meet your family’s specific needs.
When you work with Mills Adoption Law, you’ll benefit from:
- Personalized attention from an adoption attorney who focuses exclusively on this aspect of family law.
- Legal knowledge of North Carolina’s adoption laws and processes.
- Peace of mind knowing your adoption attorney handles every legal requirement with care.
Your online search for an “international adoption lawyer,” “international adoption attorney near me,” or “attorneys for adoption” brought you here. Take the next step and call Mills Adoption Law today at (919) 306-2899 or complete our online form to schedule a free 15-minute consultation.
Copyright © 2025. Mills Adoption Law. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Mills Adoption Law
Raleigh, NC 27612
(919) 306-2899
https://www.millsadoptionlaw.com/