Adopted

AMENDMENT NO 2 TO AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2680

BY: Representative Baker

AMEND after line 832 by inserting the following new sections and renumbering the succeeding section:  

     "SECTION 7.  The following shall be codified as Section 41-57-33, Mississippi Code of 1972:

41-57-33.  (1)  A child who has automatically acquired United States citizenship following a foreign adoption and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, CAA, Public Law 106-395, shall be exempt from the provisions of Sections 93-17-301 through 93-17-307, which provide for a judicial proceeding to acquire a birth certificate following certain foreign adoptions.

     (2)  The State Registrar, upon written request, shall prepare a Certificate of Foreign Birth reflecting the actual date and place of birth for a child who was born in a foreign country, adopted by a United States citizen, and who has automatically acquired citizenship in accordance with the federal Child Citizenship Act upon the production of all of the following documents:

          (a)  The child's Certificate of Citizenship.

          (b)  A certified copy of the child's foreign birth certificate and certified English translation.

          (c)  The original documents related to the foreign adoption certified by the United States Embassy abroad and certified English translation.

          (d)  The Social Security card of the child.

          (e)  A valid government-issued picture identification of parent or parents, such as a passport or driver's license.

          (f)  Proof of residency of the parent or parents in the State of Mississippi.

     (3)  The State Registrar shall develop any necessary forms for adoptive parents to submit in order to request a Certificate of Foreign Birth.

     SECTION 8.  Section 93-17-303, Mississippi Code of 1972, is amended as follows:

     93-17-303.  (1)  A child who has automatically acquired United States citizenship following a foreign adoption and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, Public Law 106-395, may be issued a Mississippi birth certificate upon compliance with this article and the requirements for adoptions under this chapter to the extent not superseded by this article.

     (2)  A parent shall not proceed under this article if the foreign adoption has been registered or otherwise finalized by a court of this or any other state.

(3)  A parent who is eligible to obtain a decree of registration of a foreign adoption under this article may proceed pro se.

AMEND TITLE after the semicolon on line 14 by inserting the following:

"TO CREATE NEW SECTION 41-57-33, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE STATE REGISTRAR TO ISSUE A CERTIFICATE OF FOREIGN BIRTH WITHOUT JUDICIAL PROCEEDINGS IF CERTAIN CRITERIA ARE SATISFIED; TO AMEND SECTION 93-17-303, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RIGHT OF ADOPTIVE PARENTS, UNDER CERTAIN CIRCUMSTANCES, TO PROCEED PRO SE IN THE MATTER OF REGISTRATION OF A FOREIGN ADOPTION"

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