Rule 5.493.Requirement to request adoption under California law of a child born in a foreign country when the adoption is finalized in the foreign country (Fam. Code, §§ 8912, 8919)

A foreign decree does not by itself give a child a California adoption record. The adopting resident must file a request to adopt in California within the earlier of 60 days from the child’s entry into the United States or the child’s 16th birthday, and give a copy to each adoption agency that provided services.

The rule then supplies a backstop rather than a penalty. If the parent does not file in time, the agency that facilitated the adoption must file within 90 days of the child’s entry, and provide a file-marked copy to the adoptive parent and to any other agency involved within five business days. The parent is then liable to the agency for the costs and fees of its good faith actions.

The request carries six documents: a certified copy of the foreign adoption decree, a certified copy of the child’s foreign birth certificate, certified translations of anything not in English, proof the child entered the United States lawfully as an immediate relative, a report from at least one post-placement home visit by a licensed intercountry agency, and a copy of the home study completed for the foreign adoption.

Where the agency files because the parent did not, its filing is lighter — a cover sheet with the child’s details and the parties’ contact information, blank copies of the required forms, and whatever documents the agency holds. The clerk must notify the state department in writing of the pendency of the proceeding and of any later action, and must submit the granting order to the State Registrar within 10 business days.