California 2017-2018 Regular Session

California Assembly Bill AB724 Compare Versions

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1-Enrolled September 05, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 31, 2018 Amended IN Senate August 27, 2018 Amended IN Senate August 24, 2018 Amended IN Senate August 20, 2018 Amended IN Senate July 03, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly April 20, 2017 Amended IN Assembly March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 724Introduced by Assembly Member Choi(Coauthors: Assembly Members Acosta, Gallagher, Patterson, and Voepel)(Coauthor: Senator Anderson)February 15, 2017 An act to amend Section 8904 of, and to repeal and add Section 8919 of, the Family Code, relating to intercountry adoption. LEGISLATIVE COUNSEL'S DIGESTAB 724, Choi. Intercountry adoption finalized in a foreign country.Existing law generally provides for the adoption of a child native to a foreign country by a prospective adoptive parent or parents who are California residents that is either finalized in another country or this state. A licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country is required to provide specific services that include certification to the federal government whether this states intercountry adoption requirements have been met. Existing law requires each resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state if it is required by the United States Department of Homeland Security, and requires this readoption to include at least one postplacement in-home visit, a home study report, and final adoption order. Existing law also authorizes a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state.This bill would repeal these readoption provisions and would instead require an adoptive parent, or if an adoptive parent fails to do so, then the adoption agency that facilitated the adoption, to file a petition to readopt within specified deadlines to establish a record by which an adoptee can prove the facts of the foreign adoption. The bill would require the petition to include, among other things, a report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state. The bill would require the clerk of the court to submit an order granting the petition to the State Registrar, and would require the State Registrar to issue a delayed registration of birth, as specified.This bill would require a court that finds a child may be the subject of human trafficking or specified types of abuse to notify all appropriate authorities.This bill would, if a licensed adoption agency has a written agreement for which postadoption services have been paid, require the licensed adoption agency to provide those services, and would also make technical, nonsubstantive changes to the other services a licensed adoption agency facilitating an intercountry adoption is required to provide.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8904 of the Family Code is amended to read:8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:(a) Assessment of the suitability of the applicants home.(b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.(c) Readoption services as required by the United States Citizenship and Immigrations Services.(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.SEC. 2. Section 8919 of the Family Code is repealed.SEC. 3. Section 8919 is added to the Family Code, to read:8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
1+Amended IN Senate August 27, 2018 Amended IN Senate August 24, 2018 Amended IN Senate August 20, 2018 Amended IN Senate July 03, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly April 20, 2017 Amended IN Assembly March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 724Introduced by Assembly Member Choi(Coauthors: Assembly Members Acosta, Gallagher, Patterson, and Voepel)(Coauthor: Senator Anderson)February 15, 2017 An act to amend Section 8904 of, and to repeal and add Section 8919 of, the Family Code, relating to intercountry adoption. LEGISLATIVE COUNSEL'S DIGESTAB 724, as amended, Choi. Intercountry adoption finalized in a foreign country.Existing law generally provides for the adoption of a child native to a foreign country by a prospective adoptive parent or parents who are California residents that is either finalized in another country or this state. A licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country is required to provide specific services that include certification to the federal government whether this states intercountry adoption requirements have been met. Existing law requires each resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state if it is required by the United States Department of Homeland Security, and requires this readoption to include at least one postplacement in-home visit, a home study report, and final adoption order. Existing law also authorizes a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state.This bill would repeal these readoption provisions and would instead require an adoptive parent, or if an adoptive parent fails to do so, then the adoption agency that facilitated the adoption, to file a petition to readopt within specified deadlines to establish a record by which an adoptee can prove the facts of the foreign adoption. The bill would require the petition to include, among other things, a report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state. The bill would require the clerk of the court to submit an order granting the petition to the State Registrar, and would require the State Registrar to issue a delayed registration of birth, as specified.This bill would require a court that finds a child may be the subject of human trafficking or specified types of abuse to notify all appropriate authorities.This bill would, if a licensed adoption agency has a written agreement for which postadoption services have been paid, require the licensed adoption agency to provide those services, and would also make technical, nonsubstantive changes to the other services a licensed adoption agency facilitating an intercountry adoption is required to provide.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8904 of the Family Code is amended to read:8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:(a) Assessment of the suitability of the applicants home.(b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.(c) Readoption services as required by the United States Citizenship and Immigrations Services.(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.SEC. 2. Section 8919 of the Family Code is repealed.SEC. 3. Section 8919 is added to the Family Code, to read:8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5)Proof of the adoptive parents or parents United States citizenship.(6)(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(7)(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(8)(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (7) and (8) (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
22
3- Enrolled September 05, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 31, 2018 Amended IN Senate August 27, 2018 Amended IN Senate August 24, 2018 Amended IN Senate August 20, 2018 Amended IN Senate July 03, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly April 20, 2017 Amended IN Assembly March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 724Introduced by Assembly Member Choi(Coauthors: Assembly Members Acosta, Gallagher, Patterson, and Voepel)(Coauthor: Senator Anderson)February 15, 2017 An act to amend Section 8904 of, and to repeal and add Section 8919 of, the Family Code, relating to intercountry adoption. LEGISLATIVE COUNSEL'S DIGESTAB 724, Choi. Intercountry adoption finalized in a foreign country.Existing law generally provides for the adoption of a child native to a foreign country by a prospective adoptive parent or parents who are California residents that is either finalized in another country or this state. A licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country is required to provide specific services that include certification to the federal government whether this states intercountry adoption requirements have been met. Existing law requires each resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state if it is required by the United States Department of Homeland Security, and requires this readoption to include at least one postplacement in-home visit, a home study report, and final adoption order. Existing law also authorizes a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state.This bill would repeal these readoption provisions and would instead require an adoptive parent, or if an adoptive parent fails to do so, then the adoption agency that facilitated the adoption, to file a petition to readopt within specified deadlines to establish a record by which an adoptee can prove the facts of the foreign adoption. The bill would require the petition to include, among other things, a report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state. The bill would require the clerk of the court to submit an order granting the petition to the State Registrar, and would require the State Registrar to issue a delayed registration of birth, as specified.This bill would require a court that finds a child may be the subject of human trafficking or specified types of abuse to notify all appropriate authorities.This bill would, if a licensed adoption agency has a written agreement for which postadoption services have been paid, require the licensed adoption agency to provide those services, and would also make technical, nonsubstantive changes to the other services a licensed adoption agency facilitating an intercountry adoption is required to provide.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Senate August 27, 2018 Amended IN Senate August 24, 2018 Amended IN Senate August 20, 2018 Amended IN Senate July 03, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly April 20, 2017 Amended IN Assembly March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 724Introduced by Assembly Member Choi(Coauthors: Assembly Members Acosta, Gallagher, Patterson, and Voepel)(Coauthor: Senator Anderson)February 15, 2017 An act to amend Section 8904 of, and to repeal and add Section 8919 of, the Family Code, relating to intercountry adoption. LEGISLATIVE COUNSEL'S DIGESTAB 724, as amended, Choi. Intercountry adoption finalized in a foreign country.Existing law generally provides for the adoption of a child native to a foreign country by a prospective adoptive parent or parents who are California residents that is either finalized in another country or this state. A licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country is required to provide specific services that include certification to the federal government whether this states intercountry adoption requirements have been met. Existing law requires each resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state if it is required by the United States Department of Homeland Security, and requires this readoption to include at least one postplacement in-home visit, a home study report, and final adoption order. Existing law also authorizes a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state.This bill would repeal these readoption provisions and would instead require an adoptive parent, or if an adoptive parent fails to do so, then the adoption agency that facilitated the adoption, to file a petition to readopt within specified deadlines to establish a record by which an adoptee can prove the facts of the foreign adoption. The bill would require the petition to include, among other things, a report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state. The bill would require the clerk of the court to submit an order granting the petition to the State Registrar, and would require the State Registrar to issue a delayed registration of birth, as specified.This bill would require a court that finds a child may be the subject of human trafficking or specified types of abuse to notify all appropriate authorities.This bill would, if a licensed adoption agency has a written agreement for which postadoption services have been paid, require the licensed adoption agency to provide those services, and would also make technical, nonsubstantive changes to the other services a licensed adoption agency facilitating an intercountry adoption is required to provide.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Enrolled September 05, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 31, 2018 Amended IN Senate August 27, 2018 Amended IN Senate August 24, 2018 Amended IN Senate August 20, 2018 Amended IN Senate July 03, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly April 20, 2017 Amended IN Assembly March 20, 2017
5+ Amended IN Senate August 27, 2018 Amended IN Senate August 24, 2018 Amended IN Senate August 20, 2018 Amended IN Senate July 03, 2017 Amended IN Senate June 20, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly April 20, 2017 Amended IN Assembly March 20, 2017
66
7-Enrolled September 05, 2018
8-Passed IN Senate August 31, 2018
9-Passed IN Assembly August 31, 2018
107 Amended IN Senate August 27, 2018
118 Amended IN Senate August 24, 2018
129 Amended IN Senate August 20, 2018
1310 Amended IN Senate July 03, 2017
1411 Amended IN Senate June 20, 2017
1512 Amended IN Assembly April 26, 2017
1613 Amended IN Assembly April 20, 2017
1714 Amended IN Assembly March 20, 2017
1815
1916 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
2017
2118 Assembly Bill No. 724
2219
2320 Introduced by Assembly Member Choi(Coauthors: Assembly Members Acosta, Gallagher, Patterson, and Voepel)(Coauthor: Senator Anderson)February 15, 2017
2421
2522 Introduced by Assembly Member Choi(Coauthors: Assembly Members Acosta, Gallagher, Patterson, and Voepel)(Coauthor: Senator Anderson)
2623 February 15, 2017
2724
2825 An act to amend Section 8904 of, and to repeal and add Section 8919 of, the Family Code, relating to intercountry adoption.
2926
3027 LEGISLATIVE COUNSEL'S DIGEST
3128
3229 ## LEGISLATIVE COUNSEL'S DIGEST
3330
34-AB 724, Choi. Intercountry adoption finalized in a foreign country.
31+AB 724, as amended, Choi. Intercountry adoption finalized in a foreign country.
3532
3633 Existing law generally provides for the adoption of a child native to a foreign country by a prospective adoptive parent or parents who are California residents that is either finalized in another country or this state. A licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country is required to provide specific services that include certification to the federal government whether this states intercountry adoption requirements have been met. Existing law requires each resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state if it is required by the United States Department of Homeland Security, and requires this readoption to include at least one postplacement in-home visit, a home study report, and final adoption order. Existing law also authorizes a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state.This bill would repeal these readoption provisions and would instead require an adoptive parent, or if an adoptive parent fails to do so, then the adoption agency that facilitated the adoption, to file a petition to readopt within specified deadlines to establish a record by which an adoptee can prove the facts of the foreign adoption. The bill would require the petition to include, among other things, a report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state. The bill would require the clerk of the court to submit an order granting the petition to the State Registrar, and would require the State Registrar to issue a delayed registration of birth, as specified.This bill would require a court that finds a child may be the subject of human trafficking or specified types of abuse to notify all appropriate authorities.This bill would, if a licensed adoption agency has a written agreement for which postadoption services have been paid, require the licensed adoption agency to provide those services, and would also make technical, nonsubstantive changes to the other services a licensed adoption agency facilitating an intercountry adoption is required to provide.
3734
3835 Existing law generally provides for the adoption of a child native to a foreign country by a prospective adoptive parent or parents who are California residents that is either finalized in another country or this state. A licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country is required to provide specific services that include certification to the federal government whether this states intercountry adoption requirements have been met. Existing law requires each resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state if it is required by the United States Department of Homeland Security, and requires this readoption to include at least one postplacement in-home visit, a home study report, and final adoption order. Existing law also authorizes a resident of the state who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state.
3936
4037 This bill would repeal these readoption provisions and would instead require an adoptive parent, or if an adoptive parent fails to do so, then the adoption agency that facilitated the adoption, to file a petition to readopt within specified deadlines to establish a record by which an adoptee can prove the facts of the foreign adoption. The bill would require the petition to include, among other things, a report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state. The bill would require the clerk of the court to submit an order granting the petition to the State Registrar, and would require the State Registrar to issue a delayed registration of birth, as specified.
4138
4239 This bill would require a court that finds a child may be the subject of human trafficking or specified types of abuse to notify all appropriate authorities.
4340
4441 This bill would, if a licensed adoption agency has a written agreement for which postadoption services have been paid, require the licensed adoption agency to provide those services, and would also make technical, nonsubstantive changes to the other services a licensed adoption agency facilitating an intercountry adoption is required to provide.
4542
4643 ## Digest Key
4744
4845 ## Bill Text
4946
50-The people of the State of California do enact as follows:SECTION 1. Section 8904 of the Family Code is amended to read:8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:(a) Assessment of the suitability of the applicants home.(b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.(c) Readoption services as required by the United States Citizenship and Immigrations Services.(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.SEC. 2. Section 8919 of the Family Code is repealed.SEC. 3. Section 8919 is added to the Family Code, to read:8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
47+The people of the State of California do enact as follows:SECTION 1. Section 8904 of the Family Code is amended to read:8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:(a) Assessment of the suitability of the applicants home.(b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.(c) Readoption services as required by the United States Citizenship and Immigrations Services.(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.SEC. 2. Section 8919 of the Family Code is repealed.SEC. 3. Section 8919 is added to the Family Code, to read:8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5)Proof of the adoptive parents or parents United States citizenship.(6)(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(7)(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(8)(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (7) and (8) (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
5148
5249 The people of the State of California do enact as follows:
5350
5451 ## The people of the State of California do enact as follows:
5552
5653 SECTION 1. Section 8904 of the Family Code is amended to read:8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:(a) Assessment of the suitability of the applicants home.(b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.(c) Readoption services as required by the United States Citizenship and Immigrations Services.(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.
5754
5855 SECTION 1. Section 8904 of the Family Code is amended to read:
5956
6057 ### SECTION 1.
6158
6259 8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:(a) Assessment of the suitability of the applicants home.(b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.(c) Readoption services as required by the United States Citizenship and Immigrations Services.(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.
6360
6461 8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:(a) Assessment of the suitability of the applicants home.(b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.(c) Readoption services as required by the United States Citizenship and Immigrations Services.(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.
6562
6663 8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:(a) Assessment of the suitability of the applicants home.(b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.(c) Readoption services as required by the United States Citizenship and Immigrations Services.(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.
6764
6865
6966
7067 8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:
7168
7269 (a) Assessment of the suitability of the applicants home.
7370
7471 (b) Certification to the United States Citizenship and Immigration Services that this states intercountry adoption requirements have been met.
7572
7673 (c) Readoption services as required by the United States Citizenship and Immigrations Services.
7774
7875 (d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.
7976
8077 SEC. 2. Section 8919 of the Family Code is repealed.
8178
8279 SEC. 2. Section 8919 of the Family Code is repealed.
8380
8481 ### SEC. 2.
8582
8683
8784
88-SEC. 3. Section 8919 is added to the Family Code, to read:8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
85+SEC. 3. Section 8919 is added to the Family Code, to read:8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5)Proof of the adoptive parents or parents United States citizenship.(6)(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(7)(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(8)(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (7) and (8) (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
8986
9087 SEC. 3. Section 8919 is added to the Family Code, to read:
9188
9289 ### SEC. 3.
9390
94-8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
91+8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5)Proof of the adoptive parents or parents United States citizenship.(6)(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(7)(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(8)(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (7) and (8) (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
9592
96-8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
93+8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5)Proof of the adoptive parents or parents United States citizenship.(6)(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(7)(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(8)(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (7) and (8) (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
9794
98-8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
95+8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:(1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.(2) Citation to the laws of the foreign country that were followed to finalize the adoption.(3) A certified or otherwise official copy of the childs foreign birth certificate.(4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.(5)Proof of the adoptive parents or parents United States citizenship.(6)(5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(7)(6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.(8)(7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (7) and (8) (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.(c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.(d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.(e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.
9996
10097
10198
10299 8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, each state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the sooner of 60 days of the adoptees entry into the United States or the adoptees 16th birthday. The petition shall include all of the following:
103100
104101 (1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country.
105102
106103 (2) Citation to the laws of the foreign country that were followed to finalize the adoption.
107104
108105 (3) A certified or otherwise official copy of the childs foreign birth certificate.
109106
110107 (4) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the childs visa or passport.
111108
109+(5)Proof of the adoptive parents or parents United States citizenship.
110+
111+
112+
113+(6)
114+
115+
116+
112117 (5) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.
118+
119+(7)
120+
121+
113122
114123 (6) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California.
115124
125+(8)
126+
127+
128+
116129 (7) A copy of the homestudy report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.
117130
118-(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.
131+(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (7) and (8) (6) and (7) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption.
119132
120133 (c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the childs entry into the United States or the childs 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the childs entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.
121134
122135 (d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities.
123136
124137 (e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the childs legal parent or parents.