SB 337 Text

ENROLLED
Senate Bill No. 337

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)

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[Passed March 7, 2003; in effect ninety days from passage.]
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AN ACT 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.

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