Citizenship and Intercountry Adoption
Key facts and steps to ensure your citizenship is secure
What are the recommended citizenship documents for intercountry adoptees?
According to Adoptees United, the following are recommended:
- U.S. Passport Book
- U.S. Passport Card
- Either a Certificate of Citizenship or a Certificate of Naturalization
For a complete list, please check out Adoptees United’s Citizenship and Immigration Issues for Intercountry Adopted People FAQs
Why is it important to have a Certificate of Citizenship or a Certificate of Naturalization?
A Certificate of Citizenship or a Certificate of Naturalization is the most permanent and reliable proof of U.S. citizenship for intercountry adoptees.
- Never Expires and Accepted Everywhere: A Certificate of Citizenship or a Certificate of Naturalization never expires, unlike a passport
- Prevents Difficulty Getting Documents: Without a Certificate of Citizenship or Certificate of Naturalization, adopted individuals may struggle to renew passports, obtain Real IDs, get Social Security cards, apply for financial aid, and much more.
- Prevents Complications:Â Employers may struggle to verify work status without proof of citizenship, and this document can be crucial for military enlistment.
What is the difference between a Certificate of Citizenship and a Certificate of Naturalization?
Both documents serve as legal proof of U.S. citizenship and are issued by the United States Citizenship and Immigration Services (USCIS), but they are obtained under different circumstances and processes.
- Certificate of Citizenship is acquired automatically through a U.S. citizen parent (biological or adoptive).
- Certificate of Naturalization proves citizenship was granted through the naturalization process after meeting residency and other eligibility requirements.
What is the Child Citizenship Act of 2000 (CCA)?
The Child Citizenship Act of 2000 (CCA) took effect on February 27, 2001. According to the CCA, Children 18 or older on that date cannot gain U.S. citizenship under the CCA. They may have qualified under former Section 321 of the Immigration and Nationality Act or can apply for naturalization through USCIS. Children under 18 on or after February 27, 2001 may obtain U.S. citizenship under the CCA. To obtain U.S. citizenship, a child born outside the U.S., must meet all these requirements before turning 18:
- Have at least one U.S. citizen parent (by birth, naturalization, or adoption).
- Be a lawful permanent resident (with a green card or I-551 stamp).
- Live in the U.S. in the legal and physical custody of a U.S. citizen parent.
The adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.
If an adopted individual qualifies for automatic citizenship under the Child Citizenship Act (CCA) but did not receive a Certificate of Citizenship (COC) at the time of adoption, how can they obtain one?
Many intercountry adoptees automatically qualified for U.S. citizenship under the Child Citizenship Act of 2000 but may not have official proof. This often relates to the visa types* used during the adoption process. USCIS began issuing automatic COCs to eligible adopted children who entered the United States with the category IR-3 immigrant visas on January 1, 2004 and with category IH-3 immigrant visas on April 1, 2008. COCs were not issued retroactively to adopted children who acquired citizenship under the CCA before these dates.
If the adoption was recognized as final by the U.S. and you meet the eligibility requirements of the Child Citizenship Act, but a Certificate of Citizenship (COC) was not received, you can apply for a COC using USCIS Form N-600.
How can someone confirm whether a Certificate of Citizenship or a Certificate of Naturalization has been issued?
If a certificate copy is unavailable, immigration records can be requested through USCIS with a Freedom of Information Act (FOIA) request. If a certificate was previously issued, a copy should be in the immigration file.
Is it possible to replace a lost Certificate of Citizenship or Certificate of Naturalization?
Yes—if the certificate has been lost or destroyed, a replacement copy can be applied for by completing N-565, Application for Replacement Naturalization/Citizenship Document
How can I get a certified copy of my adoption decree?
In the State of Minnesota, you will need to contact the court in the county where the adoption was finalized (or re-finalized). Please go to the Minnesota Judicial Branch website to locate the contact information of the county courthouse where your adoption was finalized. You will need to file a petition to receive a court order to have a copy of the adoption decree released. Here is a link to the forms and instructions to Request for Access to Confidential or Sealed Records.
If you do not know the county where your adoption was finalized (or re-finalized), please complete Foster Adopt Minnesota’s Post Search Form and we will do a search to see if information is available.
How can I get a certified copy of my Minnesota birth certificate?
If the adopted person was born outside the U.S. and adopted (re-adopted) in Minnesota, the adoptive parents should have filed paperwork with the district court. After the adoption was finalized (or re-finalized), the court sends the appropriate items to the Minnesota Department of Health (MDH) so that a Minnesota birth record can be established for the foreign-born adoptee.
Are there any funding resources to assist adoptees with citizenship requests?
Foster Adopt Minnesota has a Post Adoption Funding Program. Funding may be available to assist eligible individuals. Please contact search@fosteradoptmn.org for more information.
An intercountry adoptee may have valid U.S. citizenship documentation, but the Social Security Administration (SSA) may not list them as a U.S. citizen. A Social Security number alone does not prove citizenship, and some intercountry adoptees received their SSN before obtaining U.S. citizenship. Once an adoptee becomes a U.S. citizen or has proof of citizenship, they must present that documentation to the SSA so their records can be updated to reflect U.S. citizenship. The SSA must see official proof of citizenship in order to make this change. For more information to update citizenship or immigration status, please go to the Social Security Administration’s website.
Additional citizenship resources for intercountry adoptees:
*This list is updated on a regular basis
Legal Resources
Adoptees United—The Citizenship Clinic Adoptees United’s Citizenship Clinic assists intercountry adopted people with US citizenship or immigration issues. The clinic’s services include legal screenings, consultation and advice about legal options, and legal representation to secure a Certificate of Citizenship or, if needed, a Certificate of Naturalization.
Adoptee Rights Law CenterThe Adoptee Rights Law Center PLLC is an adoptee-driven law firm founded by Gregory Luce, a Minnesota lawyer who was also born and adopted in the District of Columbia. One of the areas this law firm focuses on is immigration and citizenship issues for intercountry adoptees. The firm represents intercountry adopted people on issues related to immigration and U.S. citizenship, whether naturalization, renewing legal permanent residency status, or obtaining proof of U.S. citizenship. Increasingly their work has begun to include more complex issues, including Temporary Protected Status, parole, adjustment of status, and preventing removal or deportation of impacted adopted people. Note: practice limited solely to federal immigration law.
USCIS Information & Forms
Adult Adoptees and U.S. Citizenship
U.S. Citizenship for an Adopted Child
Certificate of Citizenship for Your Internationally Adopted Child
N-400, Application for Naturalization
N-600, Application for Certificate of Citizenship
N-565, Application for Replacement Naturalization/Citizenship Document
Request Records though the Freedom of Information Act or Privacy Act
Support Services
*If a Minnesota-based agency was involved with the intercountry adoption and you do not know which agency, please complete Foster Adopt Minnesota’s Post Search Form and we will do a search to see if a record is available of the Minnesota agency involved with the adoption.
CHLSS International Adoption Finalization & Citizenship Support Service—CHLSS Post Adoption Program offers support for families and adult adoptees who need assistance finalizing an international adoption in the U.S. or obtaining a Certificate of Citizenship from USCIS. This service is available to adoptees age 18 and older, as well as adoptive parents whose adoptions were completed through Children’s Home, LSS, or a partner agency.
Holt International— If your adoption was completed through Holt International, please contact their Post Adoption Program for assistance with citizenship and document requests. Their team can help review your adoption records and provide guidance on obtaining copies and citizenship information
Articles & Podcasts
Addressing Adoptee Citizenship Concerns (National Council For Adoption)
Citizenship and Immigration Issues for Intercountry Adopted People: FAQ (Adoptees United)
Foster Adopt Minnesota Podcast:Â Past, Present, Future: Understanding the Laws Surrounding Intercountry Adoption
Getting Your Own Immigration Records (Adoptee Rights Law Center)
Other Resources
Adoptees for Justice
Adoptee Rights Law Center
Adoptees United
USCIS
U.S. Department of State
Questions?
