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


Latest version.
  • 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 immigrant visa, 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 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.