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H0581................................by JUDICIARY, RULES AND ADMINISTRATION
ADOPTION - Adds to and amends existing law relating to adoption to revise
provisions applicable to petitions for adoptions of foreign born children;
and to set forth provisions applicable to international adoptions.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Edmunson, Eskridge
Floor Sponsor - Garrett
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Lodge
Title apvd - to House
03/09 To enrol
03/10 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/15 Governor signed
Session Law Chapter 77
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 581
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ADOPTION; AMENDING SECTION 16-1514, IDAHO CODE, TO REVISE DESCRIP-
3 TIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE TO PETITIONS FOR
4 ADOPTIONS OF FOREIGN BORN CHILDREN; AND AMENDING CHAPTER 15, TITLE 16,
5 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 16-1514A, IDAHO CODE, TO SET
6 FORTH PROVISIONS APPLICABLE TO INTERNATIONAL ADOPTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 16-1514, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 16-1514. INTERNATIONAL ADOPTION PETITION FOR ADOPTION OF FOREIGN BORN
11 CHILD. (1) Proceedings to adopt a foreign born child who has been allowed to
12 enter the United States for the purpose of adoption shall be commenced by the
13 filing of a petition under this section. Similarly, United States citizen par-
14 ents who have adopted a child in a foreign country may commence proceedings to
15 have the foreign adoption recognized and granted judicial comity by the filing
16 of a petition under this section. A petition under this section shall be ini-
17 tiated by the person or persons proposing to adopt the child and shall be
18 filed with the district court of the judicial district in which said person or
19 persons reside. The petitioner shall have resided and maintained a dwelling
20 within the state of Idaho for at least six (6) consecutive months prior to the
21 filing of a petition. The petition shall set forth the following:
22 (a) The name and address of the petitioner or petitioners;
23 (b) The name of the child proposed to be adopted and the name by which he
24 or she shall be known when adopted;
25 (c) The degree of relationship of the child, if any, to the petitioner or
26 petitioners;
27 (d) The child's country of origin, and date of birth, if known;
28 (e) That the child has been issued a visa or other document authorizing
29 entry into the United States as an immigrant or for the purpose of adop-
30 tion or for humanitarian reasons relating to adoption in the United States
31 and the date of the person's entry into the United States;
32 (f) That a home study of the petitioner or petitioners was prepared and
33 the name of the person or agency performing the home study. A copy of the
34 home study shall be attached to the petition;
35 (g) That, to the information and belief of the petitioners, the biologi-
36 cal parents of the child to be adopted are residents of another country;
37 (h) That the adoption of such child is in the child's best interests.
38 (2) At the time fixed for the hearing on a petition for adoption under
39 this section, the person or persons adopting the child and the child to be
40 adopted must appear before the court where the petition was filed. The judge
41 shall examine the petitioner or petitioners at the hearing and, if satisfied
42 that the proposed adoption is in the best interests of the child to be
43 adopted, shall enter a decree of adoption. The petitioner or petitioners shall
2
1 at such time execute an agreement to the effect that the child shall be
2 adopted and treated in all respects as the petitioner's own lawful child.
3 (3) This section governs the adoption of all foreign born children who
4 have entered the United States to be adopted. or who have entered the United
5 States as immigrants after having been adopted in a foreign country by United
6 States citizens. Notwithstanding any other provision of this chapter, no con-
7 sent shall be required from the biological parents of the child to be adopted
8 if the child has been granted permission by the United States department of
9 state or United States department of justice, immigration and naturalization
10 service homeland security to enter the United States for the purpose of adop-
11 tion, or for humanitarian reasons relating to adoption by United States citi-
12 zens, or as an immigrant after having been adopted in a foreign country by
13 United States citizens. A visa or other document from the United States
14 department of state or United States department of justice, immigration and
15 naturalization service homeland security authorizing entry into the United
16 States for the purpose of adoption, or for humanitarian reasons relating to
17 adoption by United States citizens, or as an immigrant due to adoption in a
18 foreign country by United States citizens, shall be deemed conclusive evidence
19 of the termination of the parental rights of the biological parents and com-
20 pliance with the laws of the country of the child's birth. The provisions of
21 chapter 20, title 16, Idaho Code, shall not apply to adoptions under this sec-
22 tion.
23 (4) The decisions and orders of foreign courts and government agencies,
24 authorized to approve adoptions, shall be accorded judicial comity or the same
25 full faith and credit accorded a judgment of a sister state without additional
26 proceedings or documentation, provided the United States department of state
27 or United States department of justice, immigration and naturalization service
28 homeland security has allowed the child to enter the United States as set
29 forth in subsection (3) of this section.
30 SECTION 2. That Chapter 15, Title 16, Idaho Code, be, and the same is
31 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
32 ignated as Section 16-1514A, Idaho Code, and to read as follows:
33 16-1514A. INTERNATIONAL ADOPTION. (1) When an Idaho resident adopts a
34 child in a foreign country in accordance with the laws of the foreign country,
35 and such adoption is recognized as full and final by the United States govern-
36 ment, such resident may file with a petition a copy of the decree, order or
37 certificate of adoption which evidences finalization of the adoption in the
38 foreign country, together with a certified translation thereof if it is not in
39 English, and proof of full and final adoption from the United States govern-
40 ment with the clerk of the court of any county in this state having jurisdic-
41 tion over the person or persons filing such documents.
42 (2) The court shall assign a docket number and file and enter the docu-
43 ments referenced in subsection (1) of this section with an order recognizing
44 the foreign adoption without the necessity of a hearing. Such order, along
45 with the final decree, order or certificate from the foreign country shall
46 have the same force and effect as if a final order of adoption were granted in
47 accordance with the provisions of this chapter.
48 (3) When such order is filed and entered, the adoptive parents may
49 request a report of adoption as provided in section 39-259, Idaho Code.
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STATEMENT OF PURPOSE
RS 15709
Amends existing law relating to international adoption and the
acquisition of an Idaho birth certificate; to provide that United
States citizens parents, upon completion and finalization of
their adoption abroad in accordance with the laws of the foreign
country and the U.S. Department of Homeland Security, may file
for recognition of the foreign adoption in Idaho; to require a
clerk of the court of any county in the state where an Idaho
resident resides to accept said petition for its administrative
adjudication; and to provide an Idaho birth certificate for the
child.
FISCAL NOTE
No impact on state general fund.
Contact
Name: Rep. Kathie Garrett
Phone: 332-1000
Sen. Patti Anne Lodge
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 581