Citizenship for adopted children is a way of reinforcing the legal commitment that has already been made. Citizenship is crucial for protecting the child’s future by determining a child’s rights, for healthcare and education, and expanding their long-term opportunities.
The Child Citizenship Act (CCA) of 2000 in the United States dictates how adopted children receive citizenship. Countries such as Canada, the United Kingdom, Australia, and EU member states also regulate how internationally adopted children acquire nationality and a passport.
This article explores how citizenship for adopted children works around in the US and elsewhere, outlining requirements, benefits, and steps families must take to secure citizenship when adopting.
Citizenship for Adopted Children: Key Takeaways
Does an adopted child automatically get citizenship?
An adopted child does not always automatically get citizenship. The answer will depend on the laws of the countries involved, the type of adoption, and whether requirements, such as having a final adoption order, are met.
Adoption establishes a permanent parent-child relationship under the law while citizenship is a separately determined process that depends on the receiving country’s immigration and nationality laws.
For example, a biological child born in the US gains birthright citizenship. While a foreign-born child who enters on an immigrant visa after adoption must go through the legal steps to obtain citizenship.
The role of immigration law
Every country’s immigration law declares that an adopted child’s welfare must take precedence, and they should be protected from becoming stateless. The laws help facilitate equal recognition and equal benefits of citizenship.
In the US, the Immigration and Nationality Act and the Child Citizenship Act outline when an adopted child can automatically acquire US citizenship. In contrast, some countries require parents to submit additional applications or proof, such as a certified copy of the final adoption decree, to confirm the child’s new nationality.
Citizenship by Adoption in the United States
The Child Citizenship Act (CCA) of 2000
The Child Citizenship Act states that adopted children can automatically acquire US citizenship as long as they meet the following requirements:
- At least one adoptive parent must be a U.S. citizen.
- Must be under the age of 18 on the date that conditions are met.
- Must be under the legal and physical custody of the citizen parent.
- Have a completed final adoption decree that is recognized by US immigration services.
Automatic and derivative citizenship
Automatic citizenship, or citizenship by birth, is granted by either being born in the US or to at least one US citizen parent abroad. Derivative citizenship happens after birth. It occurs when a child under 18 acquires automatic citizenship because of their parents successful citizenship by naturalization.
Requirements for citizenship through adoption in the U.S.
The requirements applicable depend on the child’s entry visa:
- IR-3/IH-3 visas: For children adopted abroad, they may automatically acquire US citizenship upon arrival, if the adoption is finalized.
- IR-4/IH-4 visas: For children entering to be adopted in the US, they must complete the process in a US court. Only after the re-adoption and the final adoption decree are completed will the child acquire US citizenship.
If none of these apply, adopters may later use the naturalization process once they hold a Green Card as a lawful permanent resident.
Citizenship for Adopted Children Around the World
Canada
Canada allows parents to bypass permanent residency and apply directly for a grant of citizenship for a foreign-born child. The parents must submit adoption records and a certified copy of the final adoption decree.
United Kingdom
In the UK, an adopted child automatically becomes a British citizen if at least one citizen parent is British and the adoption is recognized under the Nationality Act or the Hague Convention. In other cases, parents must apply for the child to obtain citizenship through registration.
Australia
In Australia, adoption under Hague procedures allows children to acquire citizenship once recognized by Australian law. Where the adoption is not finalized abroad, parents must complete a re-adoption and then apply to obtain Australian citizenship for the child.
European Union member states
European Union countries vary widely. Some examples include:
- Spain: Children adopted by Spanish citizens automatically acquire citizenship.
- France: Recognition of a foreign adoption may grant nationality if one adoptive parent is French.
- Germany: Adoptees must apply for naturalization after living as permanent residents.
Considering dual citizenship for your adopted child? Learn more about the rules, rights, and implications of holding two passports.
Benefits of Citizenship for Adopted Children
The benefits of getting legal citizenship for your adopted children include:
- Legal equality so that they are treated the same in the eyes of the law.
- Protection from deportation and other forms of discrimination.
- Eligibility for a passport, which serves as official proof of identity.
- Access to education, healthcare, and other public benefits.
- Ability to inherit property, vote, and sponsor family.
Documentation and Proof of Citizenship
Certificate of citizenship for adopted children
A certificate of citizenship is the strongest evidence that a child obtained nationality. In the U.S., parents file Form N-600 with immigration services to secure this certificate.
U.S. passport and other proofs
A passport can also confirm status and is often easier to obtain. Parents should submit the final adoption decree, birth records, and a certified copy of immigration documents.
Other supporting documents
- Foreign birth certificate.
- Immigrant visa and entry records.
- Court orders or re-adoption documents, if relevant.
The Application Process: An Overview
The typical steps include:
1. Completing the adoption and securing the final adoption decree.
2. Ensuring entry on the correct immigrant visa or equivalent permit.
3. Confirming the child lives in the legal and physical custody of the citizen parent/s.
4. Applying for proof such as a certificate of citizenship, or passport.
5. Apply for national identifiers such as a Social Security Number in the US or a National Insurance Number in the UK.
Common Challenges of Citizenship for Adopted Children
- Foreign adoption not being recognized under national law.
- Permanent resident status being confused with citizenship.
- Failing to complete a re-adoption when required.
- Missing the cut-off age, which is usually 18, for automatic rights.
- Difficulty obtaining documents such as a certified copy of the final adoption decree from the foreign country.
How Can Global Citizen Solutions Help You?
Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments.
We guide you from start to finish, taking you beyond your citizenship or residency by investment application.
