BILL ANALYSIS
SB 1393
Page 1
Date of Hearing: June 29, 2006
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
SB 1393 (Florez) - As Amended: June 26, 2006
As Proposed To Be Amended
SENATE VOTE : 39-0
SUBJECT: Intercountry Adoptions
KEY ISSUE : SHOULD THE PROCESS FOR READOPTION OF CHILDREN,
ADOPTED IN FOREIGN COUNTRIES WHOSE ADOPTION STANDARDS MEET OR
EXCEED CALIFORNIA's, be STREAMLINED?
SYNOPSIS
This bill creates a streamlined readoption process for state
residents who finalize adoptions in foreign countries whose
adoption standards meet or exceed those of California. While
still requiring one post-placement visit, the bill allows a
court to finalize those intercountry adoptions without the
necessity of an intercountry adoption court report or accounting
report. Instead, the court may grant the readoption with only
the post-placement visit and translated copies of the final
adoption order, and the child's birth certificate and visa. The
author contends that this bill is necessary because the current
adoption process in California is "weighty and adversarial, at
times." This bill, says the author, is "modest legislation that
will successfully help connect families and children in a
simplified fashion." This bill is supported by numerous
individuals. There is no reported opposition.
SUMMARY : Creates a streamlined readoption process for
California residents who finalize an adoption in specified
foreign countries. Specifically, this bill :
1)Except as provided in #2, requires any California resident who
adopts a child in a foreign country to readopt the child in
California if it is required by the Department of Homeland
Security. Requires readoption to include at least one
post-placement, in-home visit and the filing of the adoption
petition, an intercountry adoption report, accounting report,
homestudy report and final adoption order. Prevents a court
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from granting a readoption order unless the court receives the
previously completed homestudy report. Requires the court to
consider the post-placement visit and the homestudy in
deciding whether to grant or deny the readoption petition.
2)When readoption is not required by the Department of Homeland
Security, allows a California resident to readopt a child at
his or her discretion.
3)Requires the Department of Social Services (DSS) to certify
countries whose adoption standards meet or exceed
California's. Streamlines the readoption process for
California residents who finalize adoptions in those countries
by allowing a court to grant readoption if the following
conditions are satisfied: (a) one post-placement visit occurs;
(b) the adoption was finalized in accordance with the other
country's laws; and (c) the petitioner submits a decree
evidencing the finalization of the order in the foreign
country and the child's birth certificate and visa. Requires
the court, if it denies a petition for readoption, to
summarize its reasons on the record.
4)Requires the State Registrar to create a new birth certificate
upon receipt of a readoption order issued for an intercountry
adoption.
EXISTING LAW :
1)Requires intercountry adoption services to be provided solely
by licensed private adoption agencies. (Family Code Section
8900.)
2)Requires that, for an adoption that will be finalized in a
foreign country, a licensed adoption agency must assess the
suitability of the applicant's home and certify to the
Immigration and Naturalization Service (INS) that the state's
intercountry adoption requirements have been met. (Family
Code Section 8904.)
3)Requires any California resident who adopts a child through an
intercountry adoption that is finalized in a foreign country
to readopt the child in California if it is required by the
INS. When readoption is not required by the INS, a California
resident may readopt the child at his or her discretion.
(Family Code Section 8919.)
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4)Requires readoption to include at least one post-placement
in-home visit, filing of a standard adoption petition, an
intercountry adoption report, accounting report, and final
adoption order. Prevents a court from granting a readoption
order unless the court receives an adoption report from an
adoption agency authorized to provide intercountry adoption
services. (Family Code Section 8919.)
5)Requires the State Registrar to create a new birth certificate
upon receipt of a report of adoption from any court within
this country. (Health & Safety Code Section 102635.)
FISCAL EFFECT : As currently in print, this bill is keyed
fiscal.
COMMENTS : 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 U.S. Citizenship and Immigration Services
(USCIS), under the Department of Homeland Security. Once the
petition is approved, the individual 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 these adoptions. 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, including the requirement for
at least one post-placement in-home visit, an intercountry
adoption report prepared by a licensed adoption agency and an
accounting report, showing all payments made by or on behalf of
the adoptive parents.
This bill allows for a streamlined readoption process in cases
where the adoption was finalized in a foreign country whose
adoption standards meet or exceed California's, as certified by
the Department of Social Services. While still requiring one
post-placement visit, this bill allows a court to finalize an
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intercountry adoption without the necessity of the intercountry
adoption court report or accounting reports. 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." Supporters contend that
different counties in California interpret the current law very
differently and that this legislation is also necessary to
ensure uniformity across the state.
This bill makes minor changes to current readoption requirements
and establishes a new, streamlined readoption process for
adoptions from foreign counties certified as meeting certain
requirements . Under this bill, when an adoption is finalized in
a foreign country and readoption is required by the Department
of Homeland Security, a court may grant the petition to readopt
with one post-placement in-home visit and the filing with the
court of the intercountry adoption report, accounting report,
homestudy report, and the decree evidencing the finality of
adoption. The court must consider the homestudy and the
post-placement visit when deciding whether to grant or deny the
petition for readoption.
However, if an adoption is finalized in a foreign country whose
adoption standards meet or exceed those of California, as
certified by DSS, this bill permits a streamlined readoption
process. For adoption from those countries, while still
requiring one post-placement in-home visit, the bill allows, but
does not require, a court to grant a petition for readoption if
(1) the adoption was finalized in accordance with the laws of
the foreign country; and (2) the petitioner files the finalized
foreign adoption order and the child's birth certificate and
visa with the court. If the court denies the readoption
petition, it must summarize the reason for its denial on the
record. This gives the court the discretion to deny the
petition in cases where there are questions about the home
environment, the underlying adoption or any other issue that may
be raised.
California's adoption law is complex, requiring extensive
investigation and background checks prior to granting a petition
for adoption. If DSS is able to certify that other countries'
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adoption standards meet or exceed California's stringent
adoption process, then it appears appropriate to allow a judge
to grant a readoption through a streamlined process, provided
the streamlined process still ensures adequate protection for
the child.
In addition, the post-placement visit, required of both regular
and streamlined readoptions, serves an important role both to
monitor the child and to comply with international agency
requirements. Foreign governments such as China specifically
require at least one post-placement visit. These post-placement
visits generally must be conducted by a licensed social worker
or agency caseworker, both trained to assess the child's
bonding, placement and attachment. They also may help the
adoptive parents by providing them with resources or referrals
to help make the adoption more successful.
Birth certificates . Existing law allows the State Registrar to
issue a new birth certificate upon receipt of a court record of
adoption. This bill allows issuance of a new birth certificate
upon receipt of a readoption order by a California court.
Under existing law, readoption orders are standard adoption
orders under Family Code Section 8912. SB 1393 removes the
requirement to file an adoption petition under that section and
would require orders for readoption to be actual readoption
orders instead of adoption orders. Since orders issued under
this bill would be readoption orders, those orders must
specifically be added to the birth certificate statute. Thus,
the proposed addition of readoption orders is not a substantive
change to that section.
Updating from Immigration and Naturalization Service to the
Department of Homeland Security . Existing law requires
California residents to readopt children adopted in a foreign
country if that readoption is required by the INS. As of 2003,
most INS functions were transferred to the Department of
Homeland Security. The former INS became the U.S. Citizenship
and Immigration Services, a subdivision of Homeland Security.
Accordingly, this bill updates Family Code Section 8919 to
require readoption when required by the Department of Homeland
Security, not the INS.
Prior Legislation : AB 538 (Cardoza, Chap. 353, Stats. of 2001),
allowed certain children adopted through foreign country
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adoption to receive a California birth certificate.
SUPPORT / OPPOSITION :
Support
Many individuals
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334