What You Need to Know About Readoption in North Carolina

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international readoption

When you’re going through an international adoption, there are a lot of things to think about. There’s paperwork that you must complete in both countries in order to make sure that all of the legal work is taken care of. If you’ve decided to pursue an international adoption, you’re likely already committed to doing all that you can to make sure that you complete the adoption process in the best way possible.

One of the things that you should consider as part of your international adoption is a readoption. Readoption makes sure that you finalize the paperwork in the United States in order to avoid problems in the future. Readoption is a critical step to making sure that the adoption process is complete. Here’s what you need to know about readoption proceedings in North Carolina:

What is readoption?

Readoption is a process during international adoption that allows you to adopt the same child again in your home country. You complete the adoption process for a second time in North Carolina in order to make sure that both the child’s home country and the United States recognize the adoption. When you add to your family through international adoption, there may be loose ends or concerns about the paperwork in your child’s home country. Readoption allows you to initiate a second adoption proceeding in the United States in order to make sure that the adoption is fully complete and legally recognized in the United States.

Do I need to readopt?

Even though readoption isn’t absolutely necessary in every case, it’s a good idea in all cases. When you readopt, you’re taking the final step to make sure that there are no problems in the future with the adoption paperwork. In some cases, readoption is necessary to complete the adoption process. In other cases, it’s a safeguard in order to make things easier and prevent unseen problems in the future.

In some cases, readoption is necessary in order complete the paperwork to have an official adoption. The home country may have simply awarded the adoptive parents a guardianship and not a complete adoption. If the adoption isn’t official, doing a readoption is absolutely critical in order to have an official adoption. Each home country makes their own laws and procedures for the international adoption process. When the home country doesn’t completely finalize an adoption, you may still be able to take your child to the United States. However, it’s necessary to file for a readoption in North Carolina in order to formally and permanently adopt the child.

The other reason that you may want to adopt the child is that not all countries recognize adoption proceedings in other countries. If the child’s home country isn’t a party to the Hague Convention of Intercountry Adoption, there may be issues in the future with either country recognizing the proceedings in the other country. Many of the countries that are popular for international adoptions to the United States aren’t Hague Convention countries. You may be surprised to find that your child’s home country isn’t on the list. If your child’s home country isn’t a party to the Hague Convention, it’s critical that you complete the readoption process.

What are the benefits of readoption?

Even if readoption isn’t absolutely mandatory in your case, it’s a good idea to do it in all cases. There are a number of reasons that readoption can act as a safeguard for your international adoption:

  • You can receive a birth certificate from the State of North Carolina that also lists your child’s home country. Once you finalize the readoption, you no longer have to get birth records from your child’s home country if you need them.
  • Laws in foreign countries may change quickly. Your adoption isn’t impacted if you readopt in the United States.
  • If the foreign decree is challenged, you have the protections of the decree in the United States. A readoption gives the United States jurisdiction over the case if there are any legal challenges.
  • You can change your child’s legal name if it wasn’t done in their home country.

What’s the process of readoption?

The readoption process in North Carolina is very similar to every adoption in North Carolina. You begin by filing a court case for adoption in the appropriate North Carolina court. The biggest difference in the process is that you can substitute the adoption decree from the home country for the parental consents that are usually required in North Carolina. Because the process for readoption is similar to the process for all adoptions in North Carolina, it’s important to make sure that your home study and all of your other paperwork complies with North Carolina adoption law.

What happens after readoption?

After the readoption, North Carolina’s vital records office issues a Certificate of Identification. They keep a record of the adoption. They record the birth in North Carolina, but they also keep information about the child’s home country. You can get a copy of your child’s birth certificate from North Carolina whenever you need it. You have all of the rights and obligations of all parents in North Carolina.

Does adoption mean citizenship?

Adopting a child in North Carolina doesn’t automatically bring U.S. citizenship for the child. You must carefully look at your paperwork in order to determine how to go about petitioning for U.S. citizenship for your adopted child. If you brought your child to the United States with an IR-3 visa, your child is automatically a U.S. citizen. You can request a certificate of citizenship. If you brought your child to the United States using an IR-4 visa, you must complete the readoption process in order for your child to get citizenship. It’s important not to forget to petition for citizenship for your child.

Finalizing your international adoption with readoption

Petitioning for adoption is a life-changing event. It’s important for you and for your child to complete a readoption in order to make sure the adoption is fully complete and in order to prevent challenges in the future. Working with a North Carolina readoption attorney can help you ensure that you’re completing the process accurately and thoroughly. It’s important to work with your attorney as soon as possible in order to have a trained and experienced advocate overseeing your case. Readoption can give you the peace of mind to know that your adoption is complete and enforceable.

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