N.Y. Dom. Rel. Law § 111-C

Current through 2024 NY Law Chapter 456

Section 111-C - Adoption order from foreign country or foreign jurisdiction

1. A final judgment of adoption granted by a judicial, administrative or executive body of a jurisdiction or country other than the United States shall have the same force and effect in this state as that given to a judgment of adoption entered by a court of competent jurisdiction of New York state, without additional proceedings or documentation provided:

(a) either adopting parent is a resident of this state; and

(b) the validity of the foreign adoption has been verified by the granting of an IR-3, IH-3, or a successor immigrant visa, for the child by the United States Citizenship and Immigration Services.

2. Notwithstanding any other provision of law or rule or regulation to the contrary, an adoptive parent referred to in subdivision one of this section shall not be required to petition a court in this state for adoption of the child provided the conditions of paragraphs (a) and (b) of subdivision one of this section are met. The foreign adoption shall be considered "final" under the laws of New York state upon the satisfaction of paragraphs (a) and (b) of subdivision one of this section.

3. Either adoptive parent or a guardian or a guardian ad litem may register the order in this state with the judge or surrogate of the county in which the adoptive parent or parents reside. A petition for registration of a foreign adoption order may be combined with a petition for a name change. If the court finds that the foreign adoption order meets the requirements of subdivision one of this section, the court shall issue a finding as to aspects of the foreign adoption, to wit, the names of the adoptive parents, the name or names and reported birth date of the adoptive child, the country of the adoptive child's birth, the country and the date of the foreign adoption, the state residency of the adoptive parent or parents and adoptive child, and a finding as to the date and issuance of an IR-3, IH-3, or a successor immigrant visa; and, the court shall issue an order of adoption to the party who has petitioned for such an order.

4. The judge or surrogate is hereby directed to expedite the issuance of an order of adoption pursuant to the provisions of subdivision three of this section in order to ensure minimal expense of time and money to the petitioning parties in attaining such order of adoption.

N.Y. Dom. Rel. Law § 111-C