Adoption creates legally-binding family ties, but does not automatically confer citizenship or legal residency upon a child who was born in or adopted from a foreign country. Sometimes families adopt a child in a foreign country and bring the child home with them to the United States, with the adoption case having been completed in the foreign country. In this instance, the foreign adoption will likely need to be domesticated. Other times, families adopt a child who was born in a foreign country but who was in the United States at the time of the adoption, with the adoption case having been completed in the United States. In all cases, we will work hand-in-hand with your immigration attorney to ensure that your adoption is completed properly and that your adopted child is legally allowed to reside with you in the United States.

Recognition a/k/a domestication of a foreign adoption is a legal process in which a Florida court formally recognizes the validity of an adoption decree issued by a foreign court or authorized body. Under Section 63.192 of the Florida Statutes, valid foreign adoption judgments are treated as though they were issued by a Florida court, eliminating the need for additional termination of parental rights (“TPR”) proceedings in most cases. Even if your child entered the United States with a valid visa or obtained a U.S. passport, formal recognition/domestication of your child’s foreign adoption provides legal clarity and protection. When a foreign adoption is domesticated, you will receive a final judgment from the court officially recognizing the legal validity of the foreign adoption. This provides unassailable proof of your parent-child relationship under U.S. law. Moreover, the judgment domesticating the foreign adoption will enable your child to obtain a Certificate of Foreign Birth from the Florida Office of Vital Statistics, which is the functional equivalent of a birth certificate. This will help avoid future legal complications relating to school enrollment, travel, healthcare, or inheritance.

To find out more about the adoption process, please contact us to arrange a consultation.