Chapter 116

HOUSE BILL No. 2875

An Act concerning adoption; relating to adoptions in foreign countries; amending K.S.A. 59-2144 and K.S.A. 1995 Supp. 65-2423 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 59-2144 is hereby amended to read as follows: 59- 2144. (a) When an adoption occurs a Kansas resident adopts a child in a foreign country and is recognized as a valid adoption by the immigration and naturalization service of the United States department of justice, the adoptive parent or parents may petition the court, pursuant to K.S.A. 59- 2128, and amendments thereto, for a subsequent adoption in the state of Kansas, pursuant to the applicable provisions of the Kansas adoption and relinquishment act, and amendments thereto. In an adoption under this section, the court shall recognize and give effect to the laws of the foreign country and proceedings conducted in accordance with the laws of the foreign country pertaining to relinquishment, termination of parental rights and consent to the adoption, the decree of adoption or a similar document or documents which evidences finalization of the adoption in the foreign country, and evidence of lawful admission into the United States, when filed with and entered in the records of the clerk of the district court of any county in this state, has the same force and effect as if the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, was granted in accordance with the provisions of the Kansas adoption and relinquish- ment act.

(b) If the adoption is granted When such decree or document is filed and entered, the adoptive parent or parents may request a birth certificate pursuant to K.S.A. 65-2423, and amendments thereto.

(c) This section shall be part of and supplemental to the Kansas adop- tion and relinquishment act.

Sec. 2. K.S.A. 1995 Supp. 65-2423 is hereby amended to read as follows: 65-2423. (a) In cases of adoption the state registrar upon receipt of a certified order decree of adoption , or a similar document or docu- ments which evidences finalization of the adoption in the foreign country, and the report of adoption form shall prepare a supplementary certificate in the new name of the adopted person and seal and file the original certificate of birth with such certified copy attached thereto. Such sealed documents may be opened by the state registrar only upon the demand of the adopted person if of legal age or by an order of court. Upon receipt of a certified copy of a court order of annulment of adoption the state registrar shall restore the original certificate to its original place in the files.

(b) For any child born in a foreign country but adopted in Kansas or born and adopted in a foreign country and such adoption is filed and entered pursuant to K.S.A. 59-2144, and amendments thereto, the state registrar, upon request, shall complete and register a birth certificate upon receipt of a certified copy of the decree of adoption, together with or a similar document or documents which evidences finalization of the adoption in the foreign country, the report of adoption form and proof of the date and place of the child's birth. The certificate shall show the new name of the child as specified in the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, and such further information concerning the adopt- ing parents as may be necessary to complete the birth certificate. The certificate shall show the true country of birth and the date of birth of the child, and that the certificate is not evidence of United States citi- zenship. The provisions of this subsection shall apply to an adoption granted pursuant to K.S.A. 59-2144.

Sec. 3. K.S.A. 59-2144 and K.S.A. 1995 Supp. 65-2423 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 3, 1996.