ENGROSSED
Senate Bill No. 337
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced January 24, 2003; referred to the Committee on the
Judiciary.]
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A BILL to amend article twenty-two, chapter forty-eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto three new sections, designated
sections nine hundred one, nine hundred two and nine hundred
three, all relating to recognizing the adoption of a child
from a foreign country; requirements for filing a petition for
recognition of foreign adoption decree in circuit court; and
setting forth the procedures taken by the court in recognizing
the adoption.
Be it enacted by the Legislature of West Virginia:
That article twenty-two, chapter forty-eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto three new sections, designated sections nine hundred one, nine hundred two and nine hundred three, all to
read as follows:
ARTICLE 22. ADOPTION.
PART 9. INTERNATIONAL ADOPTIONS.
§48-22-901. Recognition of foreign adoption decree.
When an adoption occurs in a foreign country and the adopted
child has immigrated to the United States with the permission of
the United States, this state shall recognize the adoption. The
rights and obligations of the parties as to matters within the
jurisdiction of this state shall be determined as though the
adoption decree was issued by a court of this state.
§48-22-902. Filing of petition for recognition of foreign
adoption decree.
(a) At any time after the child has immigrated to the United
States, the adoptive parent or parents may commence proceedings
with the circuit court in their county of residence to have the
foreign adoption decree recognized by filing a petition for
recognition of foreign adoption decree. The verified petition
shall set forth the following:
(1) The name and address of the petitioner or petitioners;
(2) The name of the child adopted in a foreign country;
(3) The name by which the child shall be known henceforth;
(4) The child's country of origin and date of birth, if known;
(5) That the child has been issued a visa or other document
authorizing entry into the United States and the date of entry. A
copy of such a document shall be attached to the petition;
(6) That a home study of the petitioner or petitioners was
prepared. A copy of the same shall be attached to the petition;
(7) The date on which the adoption was decreed in the foreign
country. A copy of the foreign adoption decree or such other
document or documents which evidence finalization of the adoption
in the foreign country shall be attached to the petition, along
with an English translation thereof.
(b) The verified petition may set forth requests for specific
relief or findings to meet the best interests of the child which
may be granted, in the court's discretion, specifically including,
but not limited to, a revised birth date if a physician has
recommended a revision of the child's birth date.
§48-22-903. Proceedings for recognition of foreign adoption
decree.
The court shall review the petition and accompanying
documentation and, if the court finds the petition and
documentation to be satisfactory, it shall enter an order of
adoption stating that the documentation required has been submitted
and is satisfactory and that the adoption must be recognized in
West Virginia and shall have the same force and effect as if the decree of adoption was granted in accordance with the provisions of
the West Virginia adoption act. The order shall further set forth
the name by which the child shall be known henceforth and such
other pertinent findings of the court. The court shall enter the
order without the necessity of a hearing unless it deems a hearing
necessary or a hearing is requested. The provisions of subsections
(a), (d) and (e), section seven hundred two of this article shall
apply to all orders issued hereunder and a new birth certificate
shall be issued forthwith.