Can I adopt my stepchild who was born in another country in Rhode Island?

Yes. You can ask the Rhode Island Family Court to approve a stepparent adoption of a child who was born in another country, and the same Rhode Island steps apply. A foreign birth adds a few document details, covered further down.

Where you file: Minor adoptions in Rhode Island go to the Family Court, under Rhode Island General Laws Title 15, Chapter 7. You file in your own county.

Residency: Rhode Island sets no minimum number of months you must have lived in the state (R.I. Gen. Laws § 15-7-4). The Family Court clerk can tell you what the court wants to see to show you live in Rhode Island.

Your stepchild's consent: A child who is 14 or older must consent to the adoption (R.I. Gen. Laws § 15-7-5(a)).

The other biological parent: In most stepparent adoptions the other parent never signs a consent, and the judge approves the adoption anyway. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. In Rhode Island, a lack of communication or contact with the child for at least six months is prima facie evidence of abandonment (R.I. Gen. Laws § 15-7-7). A parent who lives overseas or can't be located is given notice in the way the court directs, which is a routine step. If that parent is actively contesting, that is the time to talk with a local attorney.

Home study: Rhode Island waives the home study for stepparent adoptions (R.I. Gen. Laws § 15-7-11).

Timeline: Many uncontested adoptions finish within a few months; the court calendar and any notice period set the pace.

What is different for a foreign-born child:

• Birth certificate: Bring your stepchild's foreign birth certificate. Ask the Family Court clerk whether the court wants a translation or a particular certification of foreign documents.
• New birth record: The Rhode Island Department of Health Office of Vital Records can tell you whether and how a new or amended record can be issued after the adoption of a child born abroad.
• Immigration and citizenship: These are handled separately from the adoption case, by U.S. Citizenship and Immigration Services. Keep certified copies of the adoption decree for any filing there.