(a) Notwithstanding the provisions of section 45a-727, when the adoption of a minor child born outside the United States or its territories has been finalized in a jurisdiction other than the United States or its territories, and such minor is unable to obtain citizenship in the United States because the adoptive parents did not personally see and observe the child prior to or during the adoption proceedings, a petition for validation of such adoption may be filed with a court of probate.
(b) The petition may be made by an adoptive parent or a duly authorized officer of any child-placing agency.
(c) The petition shall be filed in the court of probate in which the petitioner resides or in the district in which the main office or any local office of the child-placing agency is located.
(d) The petition shall be accompanied by an authenticated and exemplified copy of the adoption unless, upon a showing of good cause, the court waives such requirement.
(e) Upon receipt of the petition the court shall hold a hearing on said petition within forty-five days and shall order such notice as it may direct.
(f) The court may validate the adoption of the minor child if it finds after hearing that: (1) The adoption of the child born outside the United States or its territories occurred outside the United States or its territories and (2) United States Immigration and Naturalization Service refuses to naturalize said minor because the adoptive parents did not personally see and observe the child prior to or during the adoption proceedings, and (3) it is in the best interest of the child.
(g) Any validation pursuant to a petition filed under this section shall not be construed to validate an adoption otherwise invalid in accordance with the law of the place of adoption.
(P.A. 87-28; P.A. 96-130, S. 17.)
History: Sec. 45-63d transferred to Sec. 45a-730 in 1991; P.A. 96-130 made technical change in Subsec. (f).
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 803 - Termination of Parental Rights and Adoption
Section 45a-706. (Formerly Sec. 45-61a). - Rule of construction.
Section 45a-707. (Formerly Sec. 45-61b). - Definitions.
Section 45a-708. (Formerly Sec. 45-61e). - Guardian ad litem for minor or incompetent parent.
Section 45a-709. (Formerly Sec. 45-61k). - Validity of proceedings prior to statutory changes.
Section 45a-724. (Formerly Sec. 45-61i). - Who may give child in adoption.
Section 45a-725. (Formerly Sec. 45-61j). - When child free for adoption.
Section 45a-726a. - Consideration of sexual orientation of prospective adoptive or foster parent.
Section 45a-726b. - Recruitment of minority families not to delay placement of adoptive child.
Section 45a-726c. - Term “adoptive parent” substituted for “adopting parent”.
Section 45a-727a. - Legislative findings re best interests of child.
Section 45a-728c. - Payment of expenses of birth mother by prospective adoptive parents.
Section 45a-731. (Formerly Sec. 45-64a). - Effects of final decree of adoption. Surviving rights.
Section 45a-731a. - Issuance of final adoption decree notwithstanding death of child.
Section 45a-732. (Formerly Sec. 45-62). - Husband and wife to join in adoption.
Section 45a-734. (Formerly Sec. 45-67). - Adoption of adults. Inheritance.
Section 45a-735. (Formerly Sec. 45-68). - Husband or wife of adopted adult to consent.
Section 45a-736. (Formerly Sec. 45-66a). - Change of name of adopted person.
Section 45a-743. (Formerly Sec. 45-68c). - Definitions.
Section 45a-744. (Formerly Sec. 45-68b). - Legislative policy.
Section 45a-745. (Formerly Sec. 45a-68a). - Adoption record.
Section 45a-749. (Formerly Sec. 45-68h). - Request for information.
Section 45a-750. (Formerly Sec. 45-68i). - Identifying information.
Section 45a-751a. - Conditions re release of information. Counseling.
Section 45a-751b. - Disclosure of identifying information. Consent required. Exception.
Section 45a-751c. - Order directing issuance of uncertified copy of original birth certificate.
Section 45a-755. (Formerly Sec. 45-68o). - Registries. Filing of registration.
Section 45a-757. (Formerly Sec. 45-68n). - Records maintained on a permanent basis.
Section 45a-763. (Formerly Sec. 45-69c). - Adoption Review Board established.
Section 45a-764. (Formerly Sec. 45-69d). - Powers of Adoption Review Board. Notice and hearing.
Section 45a-765. (Formerly Sec. 45-69e). - Records to be confidential.