International adoption can bring up complex citizenship issues. What you might not realize is that domestic adoptions can also include citizenship issues. Here are the details you need to know to be sure your adopted child is a U.S. citizen.
There are three ways a child can typically become a U.S. citizen:
Birthright citizenship
While there are currently some legal controversies about birthright citizenship, at the moment any child born in the United States is automatically a U.S. citizen. If the child you plan to adopt was or will be born in the United States, their citizenship is not in question.
This is true whether or not the birth mom is herself a U.S. citizen.
If you are planning to adopt an older child, you can ask to see the original birth certificate if it is an open adoption. In a closed adoption, your lawyer can check for you whether the child was born in the United States.
Derivative citizenship
Derivative citizenship refers to U.S. citizenship for the child of a U.S. citizen if the child is born abroad. For example, if your adopted chid’s birth mother had a baby while on vacation in Mexico or while studying in Canada, the baby would not have had birthright citizenship. It is not impossible for a mom to drive back into the U.S. with a new baby without realizing that her baby is not in fact a citizen. She might not be asked .
The child of a U.S. citizen can usually gain U.S. citizenship automatically if their mother is a U.S. citizen. There are some exceptions to this rule, but most of them won’t apply to a child living in the United States whom you plan to adopt. The important thing is that paperwork is required. If the mom didn’t register the baby’s birth before bringing the child home, you might have some extra hoops to jump through.
How could this come up?
Unless the laws change, this will not come up for any child born in the United States. However, you might not realize that the child you want to adopt was born outside the country. You might not think to ask.
When it’s time to issue a new birth certificate for your adopted child, you will certainly find out if there is any problem.
Naturalization
A child can apply for citizenship the same way that an adult does. If it turns out that your child has neither birthright citizenship nor derivative citizenship, they may still have gone through the naturalization process and gained their U.S. citizenship in that way. If not, you will need to get that done for them.
How big a problem is this?
Discovering that your child is not a U.S. citizen is not a big problem, but it does require action. If the child’s birth mother is a U.S. citizen, you must apply for a Certificate of Citizenship based on the mother’s citizenship. If the birth mom is not a U.S. citizen, you must go through much the same process of applying for naturalization that you would if you had undertaken an international adoption.
The complicating factor there is that most of the information available for applying for U.S. citizenship for an adopted child assumes international adoption. However, it is estimated that there are as many as 75,000 adopted people in the U.S. who are not U.S. citizens. In many cases, they don’t even know that their parents did not get their paperwork taken care of…until nail they need to apply for college, a job, or some other official milestone.
One thing is sure: you need a lawyer if there are any uncertainties about your adopted child’s citizenship. Heimer Law specializes in adoptions, and we can help you navigate the entire adoption journey.
Inquiry Form