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H.B. 200
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RECOGNITION OF FOREIGN ADOPTIONS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Wayne A. Harper
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LONG TITLE
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General Description:
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This bill establishes a section giving full faith and credit to an adoption order issued by
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a foreign country for an alien child.
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Highlighted Provisions:
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This bill:
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. grants full faith and credit to an adoption order issued by a foreign country if the
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adoption law of the foreign country does not violate the fundamental principals of
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human rights;
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. provides that a petition for registration of a foreign adoption order may be combined
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with a petition for a name change; and
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. requires the court to order the state registrar to file the order and file a certificate of
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birth.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26-2-28, as last amended by Chapter 86, Laws of Utah 2000
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78-30-8.5, as last amended by Chapter 211, Laws of Utah 1992
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ENACTS:
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78-30-8.6, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-2-28
is amended to read:
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26-2-28. Birth certificate for foreign adoptees.
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Upon presentation of a court order of adoption and an order establishing the fact, time,
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and place of birth under Section
26-2-15
, the department shall prepare a birth certificate for any
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person who:
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[(1) was born in a country that is not recognized by the department rule as having an
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established vital records registration system;]
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[(2)] (1) was adopted under the laws of this state; and
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[(3)] (2) was at the time of adoption considered an alien child for whom the court
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received documentary evidence of legal residence under Section
78-30-8.5
.
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Section 2.
Section
78-30-8.5
is amended to read:
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78-30-8.5. Alien child -- Evidence of lawful admission to United States required.
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(1) As used in this section, "alien child" means a child under 16 years of age who is not
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considered a citizen or national of the United States by the United States Immigration and
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Naturalization Service.
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(2) Any person adopting an alien child shall file with the petition for adoption written
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evidence from the United States Immigration and Naturalization Service that the child was
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inspected and:
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(a) admitted into the United States for permanent residence;
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(b) admitted into the United States temporarily in one of the lawful nonimmigrant
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categories specified in 8 U.S.C. Section 1101(a)(15); or
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(c) paroled into the United States pursuant to 8 U.S.C. Section 1182(d)(5).
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[(3) The court may determine the validity of the written evidence required under
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Subsection (2) before issuing an order of adoption.]
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[(4)] (3) The 1992 amendments to this section are retroactive to September 1, 1984.
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Any adoption decree entered after September 1, 1984, is considered valid if the requirements of
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Subsection (2), as amended, were met.
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[(5) If the alien child was born outside the United States, its territories, and Canada, the
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petition for adoption may be joined to a petition to establish the fact, time, and place of birth
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under Section
26-2-15
.]
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Section 3.
Section
78-30-8.6
is enacted to read:
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78-30-8.6. Adoption order from foreign country.
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(1) Except as otherwise provided by federal law, an adoption order rendered to a
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resident of this state that is made by a foreign country shall be accorded full faith and credit by
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the courts of this state and enforced as if the order were rendered by a court in this state unless
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the adoption law of the foreign country violates the fundamental principles of human rights.
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(2) A person who adopts a child in a foreign country may register the order in this state.
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A petition for registration of a foreign adoption order may be combined with a petition for a
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name change. If the court finds that the foreign adoption order meets the requirements of
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Subsection (1), the court shall order the state registrar to:
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(a) file the order pursuant to Section
78-30-9
; and
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(b) file a certificate of birth for the child pursuant to Section
26-2-28
.
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(3) If a court registrar is unable to establish the fact, time, and place of birth from the
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documentation provided, a person holding a direct, tangible, and legitimate interest as
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described in Subsection
26-2-22
(2)(a) or (b) may petition for a court order establishing the fact,
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time, and place of a birth pursuant to Subsection
26-2-15
(1).
Legislative Review Note
as of 11-13-03 9:44 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.