Bill Text: CA AB724 | 2017-2018 | Regular Session | Amended
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-Amended.html
Amended
IN
Senate
August 24, 2018 |
Amended
IN
Senate
August 20, 2018 |
Amended
IN
Senate
July 03, 2017 |
Amended
IN
Senate
June 20, 2017 |
Amended
IN
Assembly
April 26, 2017 |
Amended
IN
Assembly
April 20, 2017 |
Amended
IN
Assembly
March 20, 2017 |
Assembly Bill | No. 724 |
Introduced by Assembly Member Choi (Coauthors: Assembly Members Acosta, Gallagher, (Coauthor: Senator Anderson) |
February 15, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8904 of the Family Code is amended to read:8904.
For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:SEC. 2.
Section 8919 of the Family Code is repealed.(a)The state shall recognize as a full and final adoption a foreign adoption decree so that the child shall receive United States citizenship pursuant to Part 320 (commencing with Section 320.1) of Subchapter C of Chapter 1 of Title 8 of the Code of Federal Regulations, or successor provisions, without the need to domesticate the foreign adoption decree, readopt the child, or any other legal proceeding, if all of the following are true:
(1)The child was born in a foreign country.
(2)The child was not a citizen of the United States at the time of birth.
(3)The child was adopted by a resident of this state in a
foreign proceeding in which the adoption was finalized pursuant to the laws of the country from which the child was adopted.
(4)As a result of that foreign adoption, the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents, at least one of whom is a United States citizen.
(b)In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each adoptive parent who has finalized an intercountry adoption in a foreign country shall file a petition to domesticate the foreign adoption decree or to readopt the child by the earlier of 60 days of the adoptee’s entry into the United States or the adoptee’s 18th birthday. The petition shall include all of the following:
(1)A certified or otherwise official copy of the foreign decree,
order, or certification of adoption that reflects finalization of the adoption in the foreign country.
(2)A certified or otherwise official copy of the child’s foreign birth certificate or passport.
(3)A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the child’s visa or passport.
(4)Proof of the adoptive parents or parents’ United States citizenship.
(5)A report from at least one postadoption home visit by an adoption agency licensed to provide intercountry adoption services in this state pursuant to Section 8900.
(6)A
copy of the home study completed for the international adoption process by an adoption agency licensed to provide intercountry adoption services in this state pursuant to Section 8900. An update of the home study shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.
(c)If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to subdivision (b) by the earlier of 60 days of the child’s entry into the United States or the child’s 18th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that placed the child for adoption shall file the a petition within 90 days of the child’s entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent
and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency.
(d)The court shall not grant a petition filed pursuant to this section unless the court receives a copy of the reports described in paragraphs (5) and (6) of subdivision (b). The court shall consider all of these reports when deciding whether to grant or deny the petition. If the court denies the petition, the court shall state the reasons for the denial on the record.
(e)If the court finds that
the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.
(f)The court may enter the order granting the petition nunc pro tunc pursuant to Section 8601.5, except that the order may not be dated prior to the date the child lawfully entered the United States.
(g)Within 10 business days after entry of the order granting the petition, the clerk of the court shall submit the order with the appropriate fee to the State Registrar. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the child’s legal parent or parents.