CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 677Introduced by Assembly Member Choi(Coauthor: Assembly Member Voepel)February 15, 2019 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 677, as introduced, 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. Existing law requires a licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country to provide specific services that include certification to the federal government as to whether this states intercountry adoption requirements have been met. Existing law requires 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 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 those 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, would require the State Registrar to issue a delayed registration of birth, as specified, and would authorize an adoptive parent to obtain a California birth certificate for that child.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.>(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.8919.(a)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this state if it is required by the Department of Homeland Security. Except as provided in subdivision (c), the readoption shall include, but is not limited to, at least one postplacement in-home visit, the filing of the adoption petition, the intercountry adoption court report, accounting reports, the home study report, and the final adoption order. If the adoptive parents have already completed a home study as part of their adoption process, a copy of that study shall be submitted in lieu of a second home study. No readoption order shall be granted unless the court receives a copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. 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.(b)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may readopt the child in this state. Except as provided in subdivision (c), the readoption shall meet the standards described in subdivision (a).(c)(1)A state resident who adopts a child through an intercountry adoption that is finalized in a foreign country with adoption standards that meet or exceed those of this state, as certified by the State Department of Social Services, may readopt the child in this state according to this subdivision. The readoption shall include one postplacement in-home visit and the final adoption order.(2)The petition to readopt may be granted if all of the following apply:(A)The adoption was finalized in accordance with the laws of the foreign country.(B)The resident has filed with the petition a copy of both of the following:(i)The decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country.(ii)The childs birth certificate and visa.(C)A certified translation is included of all documents described in this paragraph that are not in English.(3)If the court denies a petition for readoption, the court shall summarize its reasons for the denial on the record.(d)The State Department of Social Services shall certify whether the adoption standards in the following countries meet or exceed those of this state:(1)China(2)Guatemala(3)Kazakhstan(4)Russia(5)South Korea(e)In addition to the requirement or option of the readoption process set forth in this section, each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 102635 or 103450 of the Health and Safety Code.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, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier 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) A certified or otherwise official copy of the childs foreign birth certificate.(3) 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.(4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(5) 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.(6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. An update of the home study report shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) 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.(f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 677Introduced by Assembly Member Choi(Coauthor: Assembly Member Voepel)February 15, 2019 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 677, as introduced, 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. Existing law requires a licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country to provide specific services that include certification to the federal government as to whether this states intercountry adoption requirements have been met. Existing law requires 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 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 those 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, would require the State Registrar to issue a delayed registration of birth, as specified, and would authorize an adoptive parent to obtain a California birth certificate for that child.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
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 677
Introduced by Assembly Member Choi(Coauthor: Assembly Member Voepel)February 15, 2019
Introduced by Assembly Member Choi(Coauthor: Assembly Member Voepel)
February 15, 2019
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 DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 677, as introduced, 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. Existing law requires a licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country to provide specific services that include certification to the federal government as to whether this states intercountry adoption requirements have been met. Existing law requires 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 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 those 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, would require the State Registrar to issue a delayed registration of birth, as specified, and would authorize an adoptive parent to obtain a California birth certificate for that child.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.
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. Existing law requires a licensed adoption agency facilitating an intercountry adoption that will be finalized in a foreign country to provide specific services that include certification to the federal government as to whether this states intercountry adoption requirements have been met. Existing law requires 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 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 those 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, would require the State Registrar to issue a delayed registration of birth, as specified, and would authorize an adoptive parent to obtain a California birth certificate for that child.
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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 8904 of the Family Code is amended to read:8904.>(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.8919.(a)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this state if it is required by the Department of Homeland Security. Except as provided in subdivision (c), the readoption shall include, but is not limited to, at least one postplacement in-home visit, the filing of the adoption petition, the intercountry adoption court report, accounting reports, the home study report, and the final adoption order. If the adoptive parents have already completed a home study as part of their adoption process, a copy of that study shall be submitted in lieu of a second home study. No readoption order shall be granted unless the court receives a copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. 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.(b)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may readopt the child in this state. Except as provided in subdivision (c), the readoption shall meet the standards described in subdivision (a).(c)(1)A state resident who adopts a child through an intercountry adoption that is finalized in a foreign country with adoption standards that meet or exceed those of this state, as certified by the State Department of Social Services, may readopt the child in this state according to this subdivision. The readoption shall include one postplacement in-home visit and the final adoption order.(2)The petition to readopt may be granted if all of the following apply:(A)The adoption was finalized in accordance with the laws of the foreign country.(B)The resident has filed with the petition a copy of both of the following:(i)The decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country.(ii)The childs birth certificate and visa.(C)A certified translation is included of all documents described in this paragraph that are not in English.(3)If the court denies a petition for readoption, the court shall summarize its reasons for the denial on the record.(d)The State Department of Social Services shall certify whether the adoption standards in the following countries meet or exceed those of this state:(1)China(2)Guatemala(3)Kazakhstan(4)Russia(5)South Korea(e)In addition to the requirement or option of the readoption process set forth in this section, each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 102635 or 103450 of the Health and Safety Code.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, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier 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) A certified or otherwise official copy of the childs foreign birth certificate.(3) 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.(4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(5) 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.(6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. An update of the home study report shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) 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.(f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 8904 of the Family Code is amended to read:8904.>(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.8919.(a)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this state if it is required by the Department of Homeland Security. Except as provided in subdivision (c), the readoption shall include, but is not limited to, at least one postplacement in-home visit, the filing of the adoption petition, the intercountry adoption court report, accounting reports, the home study report, and the final adoption order. If the adoptive parents have already completed a home study as part of their adoption process, a copy of that study shall be submitted in lieu of a second home study. No readoption order shall be granted unless the court receives a copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. 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.(b)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may readopt the child in this state. Except as provided in subdivision (c), the readoption shall meet the standards described in subdivision (a).(c)(1)A state resident who adopts a child through an intercountry adoption that is finalized in a foreign country with adoption standards that meet or exceed those of this state, as certified by the State Department of Social Services, may readopt the child in this state according to this subdivision. The readoption shall include one postplacement in-home visit and the final adoption order.(2)The petition to readopt may be granted if all of the following apply:(A)The adoption was finalized in accordance with the laws of the foreign country.(B)The resident has filed with the petition a copy of both of the following:(i)The decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country.(ii)The childs birth certificate and visa.(C)A certified translation is included of all documents described in this paragraph that are not in English.(3)If the court denies a petition for readoption, the court shall summarize its reasons for the denial on the record.(d)The State Department of Social Services shall certify whether the adoption standards in the following countries meet or exceed those of this state:(1)China(2)Guatemala(3)Kazakhstan(4)Russia(5)South Korea(e)In addition to the requirement or option of the readoption process set forth in this section, each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 102635 or 103450 of the Health and Safety Code.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, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier 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) A certified or otherwise official copy of the childs foreign birth certificate.(3) 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.(4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(5) 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.(6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. An update of the home study report shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) 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.(f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.
SECTION 1. Section 8904 of the Family Code is amended to read:
### SECTION 1.
8904.>(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.
8904.>(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.
8904.>(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.
8904.>(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.
(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.8919.(a)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this state if it is required by the Department of Homeland Security. Except as provided in subdivision (c), the readoption shall include, but is not limited to, at least one postplacement in-home visit, the filing of the adoption petition, the intercountry adoption court report, accounting reports, the home study report, and the final adoption order. If the adoptive parents have already completed a home study as part of their adoption process, a copy of that study shall be submitted in lieu of a second home study. No readoption order shall be granted unless the court receives a copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. 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.(b)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may readopt the child in this state. Except as provided in subdivision (c), the readoption shall meet the standards described in subdivision (a).(c)(1)A state resident who adopts a child through an intercountry adoption that is finalized in a foreign country with adoption standards that meet or exceed those of this state, as certified by the State Department of Social Services, may readopt the child in this state according to this subdivision. The readoption shall include one postplacement in-home visit and the final adoption order.(2)The petition to readopt may be granted if all of the following apply:(A)The adoption was finalized in accordance with the laws of the foreign country.(B)The resident has filed with the petition a copy of both of the following:(i)The decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country.(ii)The childs birth certificate and visa.(C)A certified translation is included of all documents described in this paragraph that are not in English.(3)If the court denies a petition for readoption, the court shall summarize its reasons for the denial on the record.(d)The State Department of Social Services shall certify whether the adoption standards in the following countries meet or exceed those of this state:(1)China(2)Guatemala(3)Kazakhstan(4)Russia(5)South Korea(e)In addition to the requirement or option of the readoption process set forth in this section, each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 102635 or 103450 of the Health and Safety Code.
SEC. 2. Section 8919 of the Family Code is repealed.
### SEC. 2.
8919.(a)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this state if it is required by the Department of Homeland Security. Except as provided in subdivision (c), the readoption shall include, but is not limited to, at least one postplacement in-home visit, the filing of the adoption petition, the intercountry adoption court report, accounting reports, the home study report, and the final adoption order. If the adoptive parents have already completed a home study as part of their adoption process, a copy of that study shall be submitted in lieu of a second home study. No readoption order shall be granted unless the court receives a copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. 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.(b)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may readopt the child in this state. Except as provided in subdivision (c), the readoption shall meet the standards described in subdivision (a).(c)(1)A state resident who adopts a child through an intercountry adoption that is finalized in a foreign country with adoption standards that meet or exceed those of this state, as certified by the State Department of Social Services, may readopt the child in this state according to this subdivision. The readoption shall include one postplacement in-home visit and the final adoption order.(2)The petition to readopt may be granted if all of the following apply:(A)The adoption was finalized in accordance with the laws of the foreign country.(B)The resident has filed with the petition a copy of both of the following:(i)The decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country.(ii)The childs birth certificate and visa.(C)A certified translation is included of all documents described in this paragraph that are not in English.(3)If the court denies a petition for readoption, the court shall summarize its reasons for the denial on the record.(d)The State Department of Social Services shall certify whether the adoption standards in the following countries meet or exceed those of this state:(1)China(2)Guatemala(3)Kazakhstan(4)Russia(5)South Korea(e)In addition to the requirement or option of the readoption process set forth in this section, each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 102635 or 103450 of the Health and Safety Code.
(a)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this state if it is required by the Department of Homeland Security. Except as provided in subdivision (c), the readoption shall include, but is not limited to, at least one postplacement in-home visit, the filing of the adoption petition, the intercountry adoption court report, accounting reports, the home study report, and the final adoption order. If the adoptive parents have already completed a home study as part of their adoption process, a copy of that study shall be submitted in lieu of a second home study. No readoption order shall be granted unless the court receives a copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. 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.
(b)Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may readopt the child in this state. Except as provided in subdivision (c), the readoption shall meet the standards described in subdivision (a).
(c)(1)A state resident who adopts a child through an intercountry adoption that is finalized in a foreign country with adoption standards that meet or exceed those of this state, as certified by the State Department of Social Services, may readopt the child in this state according to this subdivision. The readoption shall include one postplacement in-home visit and the final adoption order.
(2)The petition to readopt may be granted if all of the following apply:
(A)The adoption was finalized in accordance with the laws of the foreign country.
(B)The resident has filed with the petition a copy of both of the following:
(i)The decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country.
(ii)The childs birth certificate and visa.
(C)A certified translation is included of all documents described in this paragraph that are not in English.
(3)If the court denies a petition for readoption, the court shall summarize its reasons for the denial on the record.
(d)The State Department of Social Services shall certify whether the adoption standards in the following countries meet or exceed those of this state:
(1)China
(2)Guatemala
(3)Kazakhstan
(4)Russia
(5)South Korea
(e)In addition to the requirement or option of the readoption process set forth in this section, each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 102635 or 103450 of the Health and Safety Code.
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, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier 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) A certified or otherwise official copy of the childs foreign birth certificate.(3) 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.(4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(5) 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.(6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. An update of the home study report shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) 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.(f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.
SEC. 3. Section 8919 is added to the Family Code, to read:
### SEC. 3.
8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier 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) A certified or otherwise official copy of the childs foreign birth certificate.(3) 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.(4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(5) 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.(6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. An update of the home study report shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) 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.(f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.
8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier 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) A certified or otherwise official copy of the childs foreign birth certificate.(3) 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.(4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(5) 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.(6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. An update of the home study report shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) 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.(f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.
8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier 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) A certified or otherwise official copy of the childs foreign birth certificate.(3) 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.(4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.(5) 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.(6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. An update of the home study report shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) 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.(f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.
8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier 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) A certified or otherwise official copy of the childs foreign birth certificate.
(3) 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.
(4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents.
(5) 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.
(6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. An update of the home study report shall not be required for the court to grant the petition for domestication of the foreign adoption decree or readoption.
(b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) 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.
(f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.