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Accuracy for Adoptees Act & Its Impact on Kansas Adoptions

Accuracy for Adoptees Act & Its Impact on Kansas Adoptions
May 10, 2014 James Greenier

On January 16, 2014, President Barack Obama signed into law S.1614, an act commonly referred to as the Accuracy for Adoptees Act.  S.1614 was written to help adoptive children who have been assigned inaccurate birthdates in their country of origin.  This bill was first proposed by members of the American Academy of Adoption Attorneys, “AAAA.”  AAAA members championed the bill after facing the issue of inaccurate birthdates time and time again.  Senators Klobuchar and Blunt, along with representatives Lamar Smith and Karen Bass, introduced the bill in the Senate and House of Representatives, respectively.  The bill was monumental both for its content and for its passage, as the President has signed only 72 bills into law, eleven of which extended or reauthorized existing laws and seven renamed federal facilities.

The Accuracy for Adoptees Act addresses the common and problematic issue of mismatching birthdates for children adopted internationally.  Often, children abandoned in orphanages do not have a birth record.  When a U.S. adoption is processed, the foreign country assigns a best guess birth date when they do not have knowledge of the real one.  This birth date is then used in processing the adoption and immigration paperwork.  At times, these birth dates can be highly inaccurate.

State courts allow the families of internationally adopted children to present medical, dental, and educational evidence to support a request for an amended date of birth that reflects the child’s true age.  However, up until the Accuracy for Adoptee Act’s passage, U.S. agencies would not accept these amended dates.  This resulted in children with essentially two different dates of birth—one on their federal documents, such as their social security card and passport, and the new, more accurate date on their state documents, including birth certificate and driver’s license.

Inaccuracy in adopted children’s date of birth creates a multitude of problems.  It can affect their ability to get a passport, proper school placement, and even lead to accusations of identity fraud later in life when one child has two dates of birth.

To remedy this serious problem, the Accuracy for Adoptees Act requires federal agencies to recognize the amended birth dates issued by state courts.  The bill removes all of the red tape, bureaucracies, and dead ends that families currently face in a quest to have their child’s birth date accurately reflected.

Karen S. Law, co-chair of AAAA’s international adoption subcommittee, lauded the bill for its positive effect on internationally adopted children and their families.  She watched many children who had already suffered horrific pain and suffering arrive in the U.S. only to be subject to the bureaucratic process in which they were provided no right answer.  The bill, she feels, will eliminate unnecessary chaos and provide these children and their families with peace of mind.

President of AAAA, Donald Cofsky, praised the House, Senate, and the President for pushing this bill through and putting its passage ahead of partisan politics.  He emphasized the tremendous positive impact the bill with have on adopted children and their families across the nation.

McDowell Chartered: Simplifying the Adoption Process

While we applaud passage of the recent Accuracy for Adoptees Act, the Kansas Adoption Attorneys at McDowell Chartered recognize that the adoption process is still filled with many complexities.  Our experienced adoption attorney staff has assisted individuals across Kansas in successful adoptions since 1992.  Our immense knowledge of the law and considerable skill in its application allows us to simplify and expedite the adoption process, whether it involves an international adoption, domestic, or step-parent adoption.  Call us today at (316) 633-4322 to schedule your free initial consultation.