Adop. R. Sup. Ct. D.C. 25

As amended through October 11, 2024
Rule 25 - Recognition of Foreign Adoption; Elective Petition for Adoption Decree for Foreign Adoption
(a) RECOGNITION OF FOREIGN ADOPTION. In accordance with D.C. Code § 16-317 (2012 Repl.), a final judgment of adoption granted by a judicial, administrative, or executive body of a jurisdiction or country other than the United States has the same effect as an adoption decree entered by this court if:
(1) the adopting parent is a resident of the District of Columbia; and
(2) the validity of the foreign adoption has been verified by issuance of an IR-3 visa, or a successor immigrant visa, for the child.
(b) ELECTIVE PETITION FOR ADOPTION DECREE FOR FOREIGN ADOPTION. Even if a final judgment of adoption meets the requirements of Rule 25(a), an adoptive parent may elect to file a petition for a District of Columbia adoption decree.
(1)Filing. Unless the court directs otherwise, a petitioner, who elects to file a petition for a District of Columbia adoption decree for a foreign adoption under D.C. Code § 16-317 (2012 Repl.), must file a separate petition for each adoptee. The petition must be accompanied by the documents listed in Rule 25(b)(3).
(2)Format and Content. The petition for adoption decree for foreign adoption must be filed on the form maintained by the court or on a form that is substantially similar in format and content. The petition must be signed under oath or affirmation by the petitioner. If there is more than one petitioner, the petition must include the required information for each petitioner. If any of the required information is unknown, the petitioner must state that on the petition.
(3)Required Documents. The petitioner must file the following documents with the petition:
(A) a copy of the final decree of foreign adoption or judgment of foreign adoption;
(B) a copy of the certified translation of the final decree or judgment if not in English;
(C) a copy of the adoptee's IR-3 immigrant visa, or a successor immigrant visa, issued by the United States Citizenship and Immigration Services; and
(D) a completed District of Columbia Vital Records Form.
(4)Expedited Calendar. The clerk must assign a petition for adoption decree for foreign adoption to an expedited calendar.
(5)Adoption Decree Recognizing Foreign Adoption. An adoption decree recognizing a foreign adoption must state:
(A) the full name of the petitioner;
(B) the proposed name of the adoptee;
(C) the adoptee's birth date;
(D) the adoptee's birth country;
(E) the date that the judgment of adoption was issued and the country issuing the judgment;
(F) the date that the IR-3 immigrant visa, or a successor immigrant visa, was issued; and
(G) that a District of Columbia Vital Records Form has been completed.

Adop. R. Sup. Ct. D.C. 25

COMMENT

This rule mirrors the provisions in D.C. Code § 16-317 (2012 Repl.). As explained in section (a), a foreign adoption decree is entitled to recognition, but an adoptive parent may file a petition to obtain a District of Columbia adoption decree in accordance with section (b).