Adoption Child Support & Re-adoption

by Anette from Manatee County, Florida

Adoption, Child Support & Re-adoption: We adopted our daughter 5 yrs ago from Ukraine. We are considering divorce and my husband says that he will not pay child support for her since we did not re-adopt her here in Florida. He will argue that he never wanted her and this is why we did not readopt, when in fact it came down to more money.

Answer to Florida Adoption Question

Dear Anette,

From what I have found so far in my research it is not always necessary to re-adopt a foreign born child.

In Florida a re-adoption of a foreign born child provides that the parents can apply for a Florida birth certificate for the child, but the birth certificate will clearly state that the birth certificate is not evidence of citizenship.

So, although, a Florida birth certificate will make things easier for the child later on as far as applying for a driver's license, etc. it has nothing to do with whether the adoption abroad is legally recognized here. I found the following information on the US Department of Health & Human Services (USDHHS) website:

Florida Statutes state:
Effect and Recognition of a Foreign Adoption Decree Citation: Ann. Stat. § 63.192

A judgment of court establishing the relationship of parent and child by adoption issued pursuant to due process of law by a court of any other jurisdiction within or without the United States shall be recognized in this State, and the rights and obligations of the parties on matters within the jurisdiction of this State shall be determined as though the judgment were issued by a court of this State.

And more information from the International Adoption Help website:

In most cases, the formal adoption of a child in a foreign court is legally acceptable in the United States. A U.S. state court, however, is not required to automatically recognize a foreign adoption decree.

Many adoption practitioners recommend that the child adopted abroad be re-adopted in a court of his/her state of residence in the United States as a precautionary measure. Following a re-adoption in the state court, parents can request that a state birth certificate be issued.

In some instances, re-adoption of the child in the United States is required. This often occurs if the adoptive parent (or only one of a married couple) did not see the child prior to or during the adoption proceedings abroad. The child must be re-adopted in the U.S. in such circumstances, even if a full final adoption decree has been issued in the foreign country.

U.S. CITIZENSHIP FOR AN ADOPTED CHILD
It’s very important that you make sure your adopted child becomes a U.S. citizen. The Child Citizenship Act of 2000 was designed to make the citizenship acquisition process easier and eliminate extra steps and costs. Under the Child Citizenship Act, children adopted abroad can automatically acquire U.S. citizenship if:

• At least one parent of the child is a U.S. citizen;
  
  
• The child is under the age of 18;
  
  
• The child is admitted to the United States as an immigrant for lawful permanent residence; and
  
  
• The adoption is final.

It is recommended that parents of a child adopted abroad apply for a U.S. Passport for the child; or a Certificate of Citizenship through USCIS for the child. Both of these documents serve as proof of citizenship; while a birth certificate does not.

Asking for child support in a divorce proceeding in Florida may well be granted, and the status of the adopted child should not matter in this regard.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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