The 1996 amendment to Subsection (21) clarified the position |
that UIFSA, like RURESA before it, does not waive reciprocity |
in the international context. A major amendment to the text of |
Subsection (21) was made in 2001 to make clear that a foreign |
country or political subdivision is defined as a "State" under |
the Act in three situations. First, a declaration by the U.S. |
State Department that a foreign jurisdiction is a |
reciprocating country or political subdivision is controlling |
for all states. Second, in the absence of such a declaration, |
each of the several states can make an arrangement with a |
foreign country or political subdivision for reciprocal |
enforcement of child support. Finally, a finding may be made |
that a foreign jurisdiction has a law or procedure |
substantially similar to UIFSA. That is, a tribunal may |
consider whether the foreign jurisdiction also has laws and |
procedures that allow for a U.S. order to be recognized in |
that foreign jurisdiction independent of a formal reciprocity |
agreement. The inclusion of foreign political subdivisions is |
necessary because in some countries the central government |
will not or cannot bind the subdivisions. For example, |
reciprocal arrangements with Canada are made on the province |
level and not with the Canadian federal government. |