United States: Adoption of foreign-born children in the United States (US), including in the state of Virginia; whether adoptive parents must be permanent residents or citizens of the US to be eligible to adopt a foreign-born child in the US; the immigration status of that child once adopted
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 27 February 2008 |
| Citation / Document Symbol | USA102774.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, United States: Adoption of foreign-born children in the United States (US), including in the state of Virginia; whether adoptive parents must be permanent residents or citizens of the US to be eligible to adopt a foreign-born child in the US; the immigration status of that child once adopted, 27 February 2008, USA102774.E, available at: https://www.refworld.org/docid/49b92b1fc.html [accessed 2 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The government of the United States (US) requires that foreign-born children adopted in the US meet the Immigration and Nationality Act (INA) definition of a "child" or an "orphan" in order to be considered for permanent residency or citizenship (US n.d.a). A "child" is defined as an individual under the age of 16 years (or under 18 years if the child is an older sibling of a child adopted by the same family) (ibid. Sept. 2000, 6, 35; see also US n.d.a ). An "orphan" is defined as a child that has no parents (i.e., because both parents have "died, disappeared, deserted, abandoned or have been lost or separated from the child") or has "[a] sole or surviving parent who is unable to care for the child and has, in writing, irrevocably released the child for emigration and adoption" (US n.d.a; ibid. Sept. 2000, 35).
According to a US government manual on the immigration of adopted and prospective adoptive children, individuals who are eligible to adopt a foreign-born child in the US include unmarried US citizens aged 25 years and older or married US citizens of no particular age (US Sept. 2000, 6). The spouse of the petitioner need not be a US citizen; however he or she must have legal immigration status in the US (ibid.).
On 27 February 2001, the US implemented its Child Citizenship Act of 2000 (US n.d.b; ibid. n.d.c). Under this legislation, certain foreign-born children, including adopted children, automatically acquire US citizenship (US n.d.c; ibid. n.d.b; ibid. n.d.d;, National Council for Adoption 15 Feb. 2008). To be eligible for automatic citizenship, the child must be under the age of 18 years, at least one of the parents must be a US citizen and the adoption must be finalized (US n.d.b; ibid. n.d.d). In addition, the child must be admitted into the country as an immigrant for lawful permanent residence (ibid. n.d.c.; ibid. n.d.d).
A foreign child adopted by a US parent (or parents) abroad becomes a US citizen upon entry into the US as a lawful permanent resident (LPR) (US n.d.c.). In the case of a child who has entered the US on a visa to be adopted in the US (i.e., an IR4 visa), citizenship is granted once the adoption is completed in the US (ibid.).
Adopted foreign-born children aged 18 years or older are not eligible for automatic citizenship under the Child Citizenship Act; these individuals must apply for citizenship and meet the eligibility criteria for adult LPRs (US n.d.d).
Virginia State
According to the Virginia Department of Social Services website, the United States (US) Immigration and Naturalization Service (INS) [now referred to as the US Citizenship and Immigration Services (USCIS)] has the "ultimate responsibility and authority" for approving the entrance of an adoptive foreign-born child into the US (Virginia n.d.). In addition to the requirements described above, the USCIS requires that adoptive families provide evidence of fulfilling the "pre-adoptive requirements" of the state in which they reside (ibid.).
In Virginia, the consent of the state's Commissioner of Social Services is required as evidence of having met these requirements (ibid.). The consent of the Commissioner may be obtained once the following "preadoptive requirements" have been fulfilled and forwarded to the Interstate Placement Unit of the state's Department of Social Services: a home study completed by a Virginia-licensed child-placing agency; social and background information on the child and birth family, including medical information; legal documents on the child (e.g., consent to adoption); and a statement by the adoptive family accepting financial responsibility for the child (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
National Council for Adoption. 15 February 2008. Correspondence from the Vice President of Training and Agency Services.
United States (US). September 2000. Department of Justice. Immigration and Naturalization Service (INS). The Immigration of Adopted and Prospective Adoptive Children. (US Citizenship and Immigration Services)
_____. N.d.a. Department of State. "International Adoption: Intercountry Adoption of Relatives."
_____. N.d.b. Department of State. "International Adoption: Introduction."
_____. N.d.c. Department of State. "Child Citizenship Act of 2000."
_____. N.d.d. US Citizenship and Immigration Services (USCIS). "Information for Adoptive Parents of Foreign-Born Orphans Residing in the U.S."
Virginia. N.d. Department of Social Services. "Virginia's Guide to Intercountry Placements: Virginia's Preadoptive Requirements."
Additional Sources Consulted
Internet sites, including: Adoption.com, Adoption.org, Adoptionservices.org, Child Welfare Information Gateway, National Council for Adoption, United States Office of Children's Issues, Virginia Department of Social Services.
