BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1393|
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THIRD READING
Bill No: SB 1393
Author: Florez (D)
Amended: 5/2/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/25/06
AYES: Dunn, Ackerman, Escutia, Kuehl
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : 13-0, 5/25/06
AYES: Murray, Aanestad, Alarcon, Alquist, Ashburn, Battin,
Dutton, Escutia, Florez, Ortiz, Poochigian, Romero,
Torlakson
SUBJECT : Intercountry adoptions
SOURCE : Author
DIGEST : This bill creates a streamlined readoption
process for state residents who finalize an adoption in a
foreign country whose adoption standards meet or exceed
those of California.
ANALYSIS : Existing law requires any California resident
who adopts a child through intercountry adoption that is
finalized in a foreign country to readopt the child in
California if it is required by the Department of Homeland
Security. When readoption is not required by the
Department of Homeland Security, a California resident may
readopt the child at their discretion. [Section 8919 of
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the Family Code]
Existing law requires readoption to include a postplacement
in-home visit, filing of a standard adoption petition, the
intercountry adoption report, accounting report, and final
adoption order. [Section 8919 of the Family Code]
Existing law prevents a court from granting a readoption
order unless the court receives a report from an adoption
agency authorized to provide intercountry adoption
services. [Section 8919 of the Family Code]
This bill creates a streamlined readoption process for both
required and discretionary readoptions. The streamlined
process would be available when a California resident
finalizes an adoption in a foreign country whose adoption
standards meets or exceeds those of California, as
certified by the Department of Social Services (DSS). The
process shall include one postplacement in-home visit, and
a final adoption order.
This bill authorizes a court to grant a readoption petition
if the adoption was finalized in accordance with the laws
of the foreign country, and the resident has submitted both
a decree evidencing that finalization and the child's birth
certificate and visa.
Existing law requires the State Registrar to create a new
birth certificate upon receipt of a report of adoption from
any court within this country.
This bill adds that the State Registrar must create a new
birth certificate upon receipt of readoption order issued
for an intercountry adoption.
Background
More and more individuals are adopting children from
outside of the United States. Individuals wishing to adopt
a child from a foreign adoption agency must first complete
an "Application for Advance Processing of an Orphan
Petition," to be filed with the United States Citizenship
and Immigration Services, under the Department of Homeland
Security. Once the petition is approved, the individual
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must still receive approval for any foreign child that
becomes available for adoption. As with adoption within
this country, international adoption can be both costly and
time consuming.
According to the National Adoption Information
Clearinghouse, 18,477 foreign born children were adopted in
the United States in 2000. Current federal laws and
international treaties govern much of this adoption. For
those adoptions which are finalized in other countries,
California provides a special procedure by which these
children can be "readopted" within the state. These
provisions include various safeguards to ensure the safety
of the adoptive home.
This bill streamlines readoption in cases where the
adoption was finalized in a foreign country whose adoption
standards meet or exceed those of California, as certified
by the DSS. The author's recent amendments attempt to
ensure that these streamlined procedures do not create a
loophole in adoption laws.
Comments
According to the author, this bill is intended to
"streamline the Readoption Law in California [for] children
adopted in a foreign country and make the policy less
cumbersome." The author stresses that the current adoption
process in California is "weighty and adversarial, at
times." This bill is described by the author as "modest
legislation that will successfully help connect families
and children in a simplified fashion."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08
2008-09 Fund
Certification $200 $400 $400
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General
In 2005, the State Department issued an estimated 22,000
immigrant visas to orphans coming to the United States for
adoption from 21 different countries. It is not known how
many of these children were bound for families in
California.
DSS projects a need for five staff to conduct the necessary
research into international adoption laws, to translate and
interpret foreign law and compare other countries' legal
and regulatory requirements to California's in order to
make certification determinations.
Courts would see some measure of savings through reduced
paperwork and fewer appearances associated with the
adoption process.
RJG:mel 5/26/06 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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