Adoption and Re-adoption

[D'an Fam]

I've been searching this board for hours but can't find a similar situation. We adopted our daughter from China. We have Chinese birth certificate and adoption certificate. When we returned to New Jersey we applied to re-adopt her. By doing this she has a NJ birth certificate with my husband and myself listed as her parents. She is listed as being born in China, but no mention what so ever of being adopted.

Can I submit only her NJ birth certificate with us named her parents or do I need to get all the adoption stuff submitted too?

[carubia]

Legally an adopted child does not receive Italian citizenship unless the adoption is registered in Italy (but whether citizenship is retroactive to the time of the adoption I cannot say). If you apply with the NJ birth certificate and they don't realize she was adopted, then you may be able to "get away" with this, but your daughter could have trouble somewhere down the line. Moreover, they'll notice that she was born in China and might ask for her Chinese birth certificate. It might also be suspicious if you do not list China among your former places of residence, which consulates in the US require you report on one of the declaration forms (Form 2, I think).

[mler]

It seems to make sense to submit all the paperwork you have (Chinese birth certificate, adoption certificate, NJ modified birth certificate). By providing all relevant documents, your minor (I assume minor) child will be officially registered as an adopted child of an Italian citizen and will obtain citizenship in that manner.

[D'an Fam]

I certainly don't want any issues going forward. We plan on retiring in Italy and my daughter will move with us. We are older parents and retirement is only a few years away. I called the court and the lady that handles all adoptions will call me back today to let me know what I need to obtain. Do the adoption documents need an apostille the same as birth/marriage docs?

[carubia]

Yes, although I don't know what sort of legalization is available for a Chinese document.