Citizenship and Intercountry Adoption
Key facts and steps to ensure your citizenship is secure
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
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.
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.
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.
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.
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.
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
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.
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.
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.
Resources
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:Â practice limited solely to federal immigration law.
US Citizenship and Immigration Services (USCIS) Information & Forms
Adult Adoptees and U.S. Citizenship–USCIS’s webpage that provides information to internationally-born adults in the United States who were adopted as children and have questions about their U.S. citizenship.
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 & Media
Addressing Adoptee Citizenship Concerns (National Council For Adoption)–An article from the National Council for Adoption (NCFA) with frequently asked questions pertaining to adoptee citizenship concerns.
Citizenship and Immigration Issues for Intercountry Adopted People: FAQ (Adoptees United)–Adoptees United created these FAQs about intercountry adoptees and citizenship, citizenship process, forms, etc. The organization updates this article as information or updates are available.
Foster Adopt Minnesota Podcast:  Past, Present, Future: Understanding the Laws Surrounding Intercountry Adoption–FAM hosts attorney, Greg Luce to share valuable information about intercountry adoption. Hear from Greg how Congress could fix a loophole that denies US citizenship to thousands of intercountry adopted people, what help is available for intercountry adoptees who have no records of entry into the US, and The Adoptee Citizenship Act of 2024. This is the latest bill introduced in the 118th Congress on June 4, 2024. Find out what Greg is doing to address the issues to make much needed and overdue changes!
Foster Adopt Minnesota Podcast: The Call to Action for Intercountry Adoptee Justice–FAM hosts Amanda Cho and Rachel Koelzer from Adoptees for Justice (A4J) as they share how thousands of intercountry adoptees are without U.S. citizenship, the impacts and why it persists today. We will take an inside look at the Protect Adoptees and American Families (PAAF) Act and learn how you can take action at Adoptees For Justice.
Foster Adopt Minnesota Webinar: Human or Alien? The Long, Difficult, and Troubling Road for Intercountry Adoptees and US Citizenship –From FAM’s 2026 Spring Summit, This presentation discusses the history of US citizenship for intercountry adoptees as well as present-day citizenship and immigration issues that intercountry adoptees continue to encounter. It outlines the issues that make an intercountry adopted person vulnerable for immigration issues and further discusses what state and care workers should know about citizenship and immigration for underage youth in care. Finally, the presentation will present solutions to various problems surrounding citizenship for intercountry adoptees, including federal legislation that could ultimately solve the issue. Practical tips and resources will be also provided.
Getting Your Own Immigration Records (Adoptee Rights Law Center)–A resource for intercountry adoptees to obtain their own immigration records through a Freedom of Information Act (FOIA) request.
Obtaining Citizenship or Documenting Acquired Citizenship for Adopted Children (U.S. Department of State)–Information from the U.S. Department of State regarding citizenship for intercountry adopteesÂ
Other Resources
Adoptees for Justice
Adoptee Rights Law Center
Adoptees United
USCIS
U.S. Department of State
Questions?
