BILL REQ. #:  H-0080.1 

     AN ACT Relating to adoption decrees for children adopted in foreign countries; amending RCW 26.33.150 and 26.33.220; and adding a new section to chapter 26.33 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 26.33 RCW to read as follows:
     (1) Notwithstanding any other provision in this chapter, an adoptive parent may petition the court for refinalization of a foreign adoption when all of the following are met:
     (a) The adoption was finalized by an appropriate tribunal in a foreign country in accord with the laws of that country;
     (b) The adoptee was not brought into the United States until after the adoption was finalized in the foreign country; and
     (c) At least one of the adoptive parents is a resident of Washington.
     (2) A petition for refinalization of a foreign adoption may be initiated under this section by filing with the court a petition for refinalization of a foreign adoption. The petition must contain the following information:
     (a) A certified copy of the valid foreign adoption decree along with a certified translation of the decree;
     (b) Evidence as to the child's birth date and birth place provided by the original birth certificate along with a certified translation of the birth certificate, or by a certified copy, extract, or translation of some other document that is essentially equivalent to the original birth certificate. The records of the United States immigration and naturalization service or of the United States department of state are essentially equivalent to the birth certificate;
     (c) Evidence showing that the child is either a permanent resident or a naturalized citizen of the United States;
     (d) An affidavit from the adoptive parent or attorney for the adoptive parent indicating that the foreign adoption decree was issued in accordance with the laws of the issuing jurisdiction and the adoptee was not brought into the United States until the adoption was finalized in the foreign country;
     (e) The name and address of the adoption agency that handled the adoption; and
     (f) A statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903.
     (3) The court shall review the petition, affidavit, decree, and other documents. The court shall issue a decree refinalizing the foreign adoption if the petition contains the required information under subsection (2) of this section and the court finds that:
     (a) The petition contains a verified statement or other evidence that at least one of the adoptive parents is a United States citizen and a state resident and that the child was not brought into the United States until after the adoption was finalized in the foreign country;
     (b) The original or certified copy of the valid foreign adoption decree, along with a certified translation, is presented to the court; and
     (c) The adoptee is either a permanent resident or a naturalized citizen of the United States.
     (4)(a) An adoption decree issued under this section shall provide the same information as required under RCW 26.33.250.
     (b) An adoption decree issued under this section has the same legal effect as any decree of adoption issued by the court.
     (5) If the requirements under subsection (1) of this section are not met or if the court does not enter a decree refinalizing the foreign adoption under subsection (3) of this section, a person may initiate adoption proceedings under this chapter.

Sec. 2   RCW 26.33.150 and 1984 c 155 s 15 are each amended to read as follows:
     (1) An adoption proceeding is initiated by filing with the court a petition for adoption. The petition shall be filed by the prospective adoptive parent.
     (2) A petition for adoption shall contain the following information:
     (a) The name and address of the petitioner;
     (b) The name, if any, gender, and place and date of birth, if known, of the adoptee;
     (c) A statement that the child is or is not an Indian child covered by the Indian Child Welfare Act; and
     (d) The name and address of the department or any agency, legal guardian, or person having custody of the child.
     (3) The written consent to adoption of any person, the department, or agency which has been executed shall be filed with the petition.
     (4) The petition shall be signed under penalty of perjury by the petitioner. If the petitioner is married, the petitioner's spouse shall join in the petition.
     (5) If a preplacement report prepared pursuant to RCW 26.33.190 has not been previously filed with the court, the preplacement report shall be filed with the petition for adoption.
     (6) An adoption proceeding to refinalize a foreign adoption may be initiated under section 1 of this act.

Sec. 3   RCW 26.33.220 and 1984 c 155 s 22 are each amended to read as follows:
     Unless otherwise ordered by the court, the reports required by RCW 26.33.190 are not required if the petitioner seeks to adopt the child of the petitioner's spouse. The reports required by RCW 26.33.190 and 26.33.200 are not required if the adoptee is eighteen years of age or older or if the petition is for a refinalization of a foreign adoption under section 1 of this act.