BILL NUMBER: SB 1393	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 24, 2006
	AMENDED IN SENATE  APRIL 4, 2006

INTRODUCED BY   Senator Florez

                        FEBRUARY 22, 2006

   An act to amend Section 8919 of the Family Code, and to amend
Section 102635 of the Health and Safety Code, relating to
intercountry adoptions.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1393, as amended, Florez  Intercountry adoptions.
   Existing law authorizes, and in some cases requires, a state
resident who has adopted a child in a foreign country through an
adoption that is finalized in a foreign country to readopt the child
in this state. Existing law requires that the readoption include at
least one postplacement in-home visit, the filing of the adoption
petition, the intercountry adoption court report, accounting reports,
and the final adoption order. Existing law prohibits a court from
granting a readoption order unless the court receives a specified
report from an adoption agency authorized to provide intercountry
adoption services.
   This bill would  revise and recast these provisions to
eliminate several of the requirements described above with respect to
readoption, except that one postplacement in-home visit would be
required in cases in which readoption is required. The bill would
delete the provision prohibiting a court from granting a readoption
order unless the court receives a specified report from an adoption
agency authorized to provide intercountry adoption services. The bill
would instead provide that a petition to readopt shall be granted if
the adoption was finalized in a foreign country and other specified
conditions are met   specify standards for a petition to
readopt by a state resident who adopts a child through an
intercountry adoption finalized in a foreign country that has
adoption standards meeting or exceeding those of this state. The bill
would require that the petition be granted if the adoption was
finalized in accordance with the foreign country's laws and certain
documents are filed with the petition, without requiring an adoption
agency report  .
   Existing law requires the State Registrar to establish a new birth
certificate upon receipt of a report of adoption, as specified.
   The bill would also require the State Registrar to establish a new
birth certificate upon receipt of a  decree, order, or
certificate of adoption that evidences finalization of adoption in a
foreign country, if the person seeking the certificate is a resident
of this state and is not required by the Department of Homeland
Security to readopt the child, or upon receipt of a 
readoption order, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8919 of the Family Code is amended to read:
   8919.  (a)  (1)    Each state
resident who adopts a child through an intercountry adoption that is
finalized in a foreign country shall readopt the child in this state
if it is required by the Department of Homeland Security. 
The   Except as provided in subdivision (c), the 
readoption shall include  but is not limited to, at least 
one postplacement in-home visit  , the filing of the adoption
petition pursuant to Section 8912, the intercountry adoption court
report, accounting reports,  and the final adoption order. 
No readoption order shall be granted unless the court receives a
report from an adoption agency authorized to provide intercountry
adoption services pursuant to Section 8900.  
   (2) The petition to readopt shall be granted if all of the
following apply:  
   (A) The adoption was finalized in accordance with the laws of the
foreign country.  
   (B) The resident has filed with the petition a copy of both of the
following:  
   (i) The decree, order, or certificate of adoption which evidences
finalization of the adoption in the foreign country. 

   (ii) The child's birth certificate and visa together with a
certified translation into English of any document that is not in
English. 
   (b) Each state resident who adopts a child through an intercountry
adoption that is finalized in a foreign country may readopt the
child in this state.  The  Except as provided in
subdivision (c), the  readoption shall meet the standards
described in subdivision (a)  , except that no postplacement
visit shall be required.   .  
   (c)    (1)     A state resident who
adopts a child through an intercountry adoption that is finalized in
a foreign country with adoption standards that meet or exceed those
of this state, as certified by the Department of Social Services, may
readopt the child in this state according to this subdivision. The
readoption shall include one postplacement in-home visit and the
final adoption order.  
   (2) The petition to readopt shall be granted if all of the
following apply:  
   (A) The adoption was finalized in accordance with the laws of the
foreign country.  
   (B) The resident has filed with the petition a copy of both of the
following:  
   (i) The decree, order, or certificate of adoption that evidences
finalization of the adoption in the foreign country.  
   (ii) The child's birth certificate and visa.  
   (C) A certified translation is included of all documents described
in this paragraph that are not in English.  
    (d)  In addition to the requirement or option of the
readoption process set forth in this section, each state resident who
adopts a child through an intercountry adoption which is finalized
in a foreign country may obtain a birth certificate in the State of
California in accordance with the provisions of Section 102635 or
103450 of the Health and Safety Code.   
  SEC. 2.    Section 102635 of the Health and Safety
Code is amended to read:
   102635.  A new birth certificate shall be established by the State
Registrar upon receipt of any of the following:
   (a) A report of adoption from any court of record that has
jurisdiction of the child of this state, another state, the District
of Columbia, in any territory of the United States, or in any foreign
country, for any child born in California and whose certificate of
birth is on file in the office of the State Registrar.
   (b) A decree, order, or certificate of adoption that evidences
finalization of adoption in a foreign country, if the person seeking
the certificate is a resident of this state and is not required by
the Department of Homeland Security to readopt the child.
   (c) A readoption order issued pursuant to Section 8919 of the
Family Code.  
   SEC. 2.    Section 102635 of the   Health
and Safety Code   is amended to read: 
   102635.  A new birth certificate shall be established by the State
Registrar upon receipt of  a   any of the
following: 
    (a)     A  report of adoption from any
court of record that has jurisdiction of the child  of
  in  this state, another state, the District of
Columbia, in any territory of the United States, or in any foreign
country, for any child born in California and whose certificate of
birth is on file in the office of the State Registrar.  
   (b) A readoption order issued pursuant to Section 8919 of the
Family Code.