Bill Text: CA AB724 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 724 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Intercountry adoption finalized in a foreign country.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Vetoed) 2018-09-29 - Vetoed by Governor. [AB724 Detail]

Download: California-2017-AB724-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 724

Introduced by Assembly Member Choi
(Coauthors: Assembly Members Patterson and Voepel)

February 15, 2017

An act to repeal and add Section 8919 of the Family Code, relating to intercountry adoption.

LEGISLATIVE COUNSEL'S DIGEST

AB 724, as introduced, Choi. Foreign adoption: domestication.

Existing law requires a Hague adoption certificate or, in outgoing cases, a Hague custody declaration obtained from the United States Secretary of State pursuant to the procedures set forth in specified federal regulations to be recognized as a final valid adoption for purposes of all state and local laws.

Existing law establishes a process for readoption in this state. Existing law requires each resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign county to readopt the child in this state if it is required by the United States Department of Homeland Security, and requires this readoption to include at least one postplacement in-home visit, the home study report, and the final adoption order. Existing law authorizes a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign county to readopt the child in this state, and requires this readoption to meet the standards described above.

This bill would repeal these readoption provisions and would instead establish a process to domesticate a foreign adoption decree. The bill would require, within 120 days of the child’s entry into the United States, and in no event later than the child’s 16th birthday, each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country to file a petition with the court to obtain a court declaration of full faith and credit to domesticate the foreign decree of adoption. The bill would require the court to grant the petition if the petitioner provides the court with specified documents. The bill would require the clerk of the court, within 10 business days after issuance of the domestication of the foreign judgment, to submit to the State Registrar the order, and upon receipt by the State Registrar, would entitle the child to receive a delayed registration of birth, as specified. The bill would entitle, if any person who has adopted a child through an intercountry adoption and fails to complete any legal process necessary to obtain United States citizenship for the child within one year of the child’s entry into the United States, or by the child’s 16th birthday, whichever is sooner, any interested person, as defined, to file a petition to domesticate the foreign adoption decree.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 8919 of the Family Code is repealed.

8919.
(a)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this state if it is required by the Department of Homeland Security. Except as provided in subdivision (c), the readoption shall include, but is not limited to, at least one postplacement in-home visit, the filing of the adoption petition, the intercountry adoption court report, accounting reports, the home study report, and the final adoption order. If the adoptive parents have already completed a home study as part of their adoption process, a copy of that study shall be submitted in lieu of a second home study. No readoption order shall be granted unless the court receives a copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.
(b)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may readopt the child in this state. Except as provided in subdivision (c), the readoption shall meet the standards described in subdivision (a).
(c)(1)A state resident who adopts a child through an intercountry adoption that is finalized in a foreign country with adoption standards that meet or exceed those of this state, as certified by the State Department of Social Services, may readopt the child in this state according to this subdivision. The readoption shall include one postplacement in-home visit and the final adoption order.
~~(2)The petition to readopt may be granted if all of the following apply:~~
~~(A)The adoption was finalized in accordance with the laws of the foreign country.~~
~~(B)The resident has filed with the petition a copy of both of the following:~~
~~(i)The decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country.~~
~~(ii)The child’s birth certificate and visa.~~
~~(C)A certified translation is included of all documents described in this paragraph that are not in English.~~
~~(3)If the court denies a petition for readoption, the court shall summarize its reasons for the denial on the record.~~
~~(d)The State Department of Social Services shall certify whether the adoption standards in the following countries meet or exceed those of this state:~~
~~(1)China~~
~~(2)Guatemala~~
~~(3)Kazakhstan~~
~~(4)Russia~~
~~(5)South Korea~~
(e)In addition to the requirement or option of the readoption process set forth in this section, each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 102635 or 103450 of the Health and Safety Code.

SEC. 2.

Section 8919 is added to the Family Code, to read:

8919.

(a) Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall, within 120 days of the child’s entry into the United States, and in no event later than the child’s 16th birthday, file a petition to obtain a court declaration of full faith and credit to domesticate the foreign decree of adoption.

(b) The petition to domesticate the foreign adoption decree shall be granted if the petitioner provides the court with all of the following documents:

(1) The foreign decree, order, or certification of adoption that evidences finalization of the adoption in the foreign country.

(2) The child’s foreign birth certificate and visa.

(3) A certified translation of all documents described in this subdivision that are not written in English. The certified translation, if any, that was completed for purposes of obtaining the child’s visa shall be acceptable for this purpose.

(c) If the court denies a petition for domestication of the foreign judgment, the court shall summarize its reasons for the denial on the record.

(d) Within 10 business days after domestication of the foreign judgment, the clerk of the court shall submit to the State Registrar the order domesticating the foreign adoption. Upon receipt by the State Registrar, the child whose foreign adoption decree was domesticated pursuant to this section shall be entitled to receive a delayed registration of birth in accordance with Section 102600 of the Health and Safety Code that lists the adoptive parent or parents as the child’s legal parent or parents.

(e) In addition to the requirement of domestication set forth in this section, each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 102635 or 103450 of the Health and Safety Code.

(f) (1) If any person who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to complete any legal process necessary to obtain United States citizenship for the child within one year of the child’s entry into the United States, or by the child’s 16th birthday, whichever is sooner, then any interested person shall be entitled to file a petition to domesticate the foreign adoption decree. The requirement of standing to file a petition under this subdivision shall be liberally construed in favor of allowing the action to proceed to protect the best interests of the child. The court presiding over the petition shall have authority to join any necessary persons or entities in order to require production of any documents necessary for the court to make the appropriate determination.

(2) For purposes of this section, “interested person” includes, but is not limited to, the child, an adoptive parent whether acting with or without the consent of the other adoptive parent, a legal guardian of the child, any relative of the child within the second degree, any adoption agency that provided services to the adoptive family or the child, and any public child welfare agency that has taken the child into protective custody.