Adopting Step-Daughter with Green Card

[JasonGG 280]

Does anyone have experience adopting a step-child who has a green card and lives with you in the U.S.  My Vietnamese step-daughter is living with her mother and I and has a green card.  When looking for adoption information, everything is related to conveying immigration benefits or to petition a child still living overseas.  Our interest is to legally adopt and update her birth certificate (father's name is currently blank) so she is legally my daughter for school, medical, and legal matters in the U.S. and Vietnam.  It will also give her piece of mind that she has a mother and father committed to her.  She'll eventually get citizenship along with her mother after her mother applies in August 2021.  (I am aware of my legal obligations after the adoption if the marriage ends.)

 

We were given a list of required documents needed by the Vietnamese Embassy in Washington and have collected these, had them notarized and then apostilled by the Maryland Secretary of State.  My wife recently called the Department of Adoptions in Hanoi and was told by a rather annoyed employee that since my step-daughter has a green card, the adoption should be done in the U.S., not Vietnam or the Vietnamese Embassy.  However, a U.S. adoption won't update her Vietnamese birth certificate.

 

Anyone have experience with this for their step-children - not necessarily from Vietnam?

 

Thanks - Jason

[milimelo 4,482]

Your local courthouse should be where you get your answers. Your State’s family law would be what you’re looking for when it comes to adoption in the US. 

[JasonGG 280]

12 minutes ago, milimelo said:

Your local courthouse should be where you get your answers. Your State’s family law would be what you’re looking for when it comes to adoption in the US. 

Yes, but my local county courthouse directs me to information about petitioning a child overseas or conveying immigration benefits, so I was hoping others may have faced a similar problem and found a solution. - Jason

[SteveInBostonI130 3,459]

Hi,

 

You do realize you cannot alter the original birth certificate or replace it, right?  After adoption you can get an amended birth certificate, but the original will remain original.  Because the birth certificate is amended, it will typically be issued by your state.   

 

 

 

[Boiler 45,545]

A local family lawyer should be able to resolve the adoption process.

[JasonGG 280]

Just now, SteveInBostonI130 said:

Hi,

 

You do realize you cannot alter the original birth certificate or replace it, right?  After adoption you can get an amended birth certificate, but the original will remain original.  Because the birth certificate is amended, it will typically be issued by your state.   

 

 

 

Vietnam permits birth certificate changes to the original under their civil status laws. - Jason

[Pinkrlion 2,724]

You will need a family lawyer - It is considered a step-daughter adoption in family court.  Google Stepparent adoption.