First Substitute H.B. 200

Representative Wayne A. Harper proposes the following substitute bill:

1 RECOGNITION OF FOREIGN ADOPTIONS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Wayne A. Harper
5
6 LONG TITLE
7 General Description:
8 This bill establishes a section giving full faith and credit to an adoption order issued by
9 a foreign country for an alien child.
10 Highlighted Provisions:
11 This bill:
12 . recognizes an adoption order issued by a foreign country;
13 . provides that a petition for registration of a foreign adoption order may be combined
14 with a petition for a name change; and
15 . requires the court to order the clerk of the court to file the order and file a certificate
16 of birth.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-2-28, as last amended by Chapter 86, Laws of Utah 2000
24 78-30-8.5, as last amended by Chapter 211, Laws of Utah 1992
25 ENACTS:

26 78-30-8.6, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26-2-28 is amended to read:
30 26-2-28. Birth certificate for foreign adoptees.
31 Upon presentation of a court order of adoption and an order establishing the fact, time,
32 and place of birth under Section 26-2-15 , the department shall prepare a birth certificate for any
33 person who:
34 [(1) was born in a country that is not recognized by the department rule as having an
35 established vital records registration system;]
36 [(2)] (1) was adopted under the laws of this state; and
37 [(3)] (2) was at the time of adoption considered an alien child for whom the court
38 received documentary evidence of legal residence under Section 78-30-8.5 .
39 Section 2. Section 78-30-8.5 is amended to read:
40 78-30-8.5. Alien child -- Evidence of lawful admission to United States required.
41 (1) As used in this section, "alien child" means a child under 16 years of age who is not
42 considered a citizen or national of the United States by the United States Immigration and
43 Naturalization Service.
44 (2) Any person adopting an alien child shall file with the petition for adoption written
45 evidence from the United States Immigration and Naturalization Service that the child was
46 inspected and:
47 (a) admitted into the United States for permanent residence;
48 (b) admitted into the United States temporarily in one of the lawful nonimmigrant
49 categories specified in 8 U.S.C. Section 1101(a)(15); or
50 (c) paroled into the United States pursuant to 8 U.S.C. Section 1182(d)(5).
51 [(3) The court may determine the validity of the written evidence required under
52 Subsection (2) before issuing an order of adoption.]
53 [(4)] (3) The 1992 amendments to this section are retroactive to September 1, 1984.
54 Any adoption decree entered after September 1, 1984, is considered valid if the requirements of
55 Subsection (2), as amended, were met.
56 [(5) If the alien child was born outside the United States, its territories, and Canada, the

57 petition for adoption may be joined to a petition to establish the fact, time, and place of birth
58 under Section 26-2-15 .]
59 Section 3. Section 78-30-8.6 is enacted to read:
60 78-30-8.6. Adoption order from foreign country.
61 (1) Except as otherwise provided by federal law, an adoption order rendered to a
62 resident of this state that is made by a foreign country shall be recognized by the courts of this
63 state and enforced as if the order were rendered by a court in this state.
64 (2) A person who adopts a child in a foreign country may register the order in this state.
65 A petition for registration of a foreign adoption order may be combined with a petition for a
66 name change. If the court finds that the foreign adoption order meets the requirements of
67 Subsection (1), the court shall order the state registrar to:
68 (a) file the order pursuant to Section 78-30-9 ; and
69 (b) file a certificate of birth for the child pursuant to Section 26-2-28 .
70 (3) If a clerk of the court is unable to establish the fact, time, and place of birth from
71 the documentation provided, a person holding a direct, tangible, and legitimate interest as
72 described in Subsection 26-2-22 (2)(a) or (b) may petition for a court order establishing the fact,
73 time, and place of a birth pursuant to Subsection 26-2-15 (1).