New Virginia law helps some adoptive families

Posted: August 7, 2011 in Adoption, General Assembly, Virginia
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A new Virginia law that went into effect in July 2011 will help some adoptive families skip the need for re-adoption.

“Recognition of foreign adoptions. This law provides that in certain cases the adoption of a child in a foreign country will be recognized in Virginia and the adoptive parents will not be required to readopt the child. This law also streamlines the process to obtain a certificate of birth for a child adopted in another country and brought into the United States.” – From the Virginia Division of Legislative Services via

Unfortunately for us, since our son came home on an IR-4 visa, we cannot take advantage of this new law. I found the full text of the new law and it states that this new procedure is only available to those adoptees granted an IR-3 or an IH-3 visa. You can read the full text of the amended law here on Virginia’s Legislative Information System website.

The amended law states the procedure an adoptive family must follow in order to obtain a certificate of foreign birth:

“. . .B. In cases in which an adoption of a child was finalized pursuant to the laws of a foreign country and the child was admitted to the United States with an IR-3 or IH-3 visa, the adoptive parents may submit a report of adoption to the State Registrar of Vital Records on a form furnished by the State Registrar, which shall (i) include evidence as to the date, place of birth, and parentage of the adopted person; (ii) provide information necessary to establish a new certificate of birth for the adopted person; (iii) include a certified copy of the final order of adoption entered by the foreign court, together with a certified translation of the final order of adoption in cases in which the original order is not in English; and (iv) include an affidavit from the adoptive parents indicating that they are receiving supervision from a licensed or approved child-placing agency in the United States. Upon receipt of a report pursuant to this subsection, the State Registrar shall establish a new certificate of birth for the adopted person, and such certificate of birth shall be registered in accordance with the provisions of § 32.1-261.” – For full text of law, click here for the Legislative Information System.

This is not legal advice. If you have questions about the new law, check with your adoption attorney or social worker.

  1. Rebecca says:

    This is great news! Our agency feels confident we will come home on an IR-3 visa, so this could be great for us. Thanks for posting this!

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