BILL NUMBER: SB 1393 CHAPTERED
BILL TEXT
CHAPTER 809
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006
APPROVED BY GOVERNOR SEPTEMBER 30, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY AUGUST 22, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN ASSEMBLY JUNE 26, 2006
AMENDED IN SENATE MAY 2, 2006
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, 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 standards for a petition to readopt by a
state resident who adopts a child through an intercountry adoption
finalized in a foreign country and would require that the readoption
include a home study report. The bill would provide for alternative
requirements regarding the filing of the adoption petition if the
foreign country in which the adoption was finalized has adoption
standards that meet or exceed those of this state. The bill would
require the Department of Social Services to certify whether the
adoption standards in specified countries meet or exceed those of
this state. The bill would provide that, in that case, the petition
may be granted, if the adoption was finalized in accordance with the
foreign country's laws and certain documents are filed with the
petition. If a court denies the petition, the bill would require the
court to summarize the reasons for its denial on the record.
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 readoption order, as specified.
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) 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. 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, the
intercountry adoption court report, accounting reports, the home
study report, and the final adoption order. If the adoptive parents
have already competed a home study as part of their adoption process,
a copy of that study shall be submitted in lieu of a second home
study. No readoption order shall be granted unless the court receives
a copy of the home study report previously completed for the
international finalized adoption by an adoption agency authorized to
provide intercountry adoption services pursuant to Section 8900. The
court shall consider the postplacement visit or visits and the
previously completed home study when deciding whether to grant or
deny the petition for readoption.
(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. Except as provided in subdivision (c), the
readoption shall meet the standards described in subdivision (a).
(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 may 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.
(3) If the court denies a petition for readoption, the court shall
summarize its reasons for the denial on the record.
(d) The Department of Social Services shall certify whether the
adoption standards in the following countries meet or exceed those of
this state:
(1) China
(2) Guatemala
(3) Kazakhstan
(4) Russia
(5) South Korea
(e) 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 either of the following:
(a) A report of adoption from any court of record that has
jurisdiction of the child 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.