Adoptee Rights Legislation

H.R.5492; S.2923 •  [PDF Copy]. This is sixth iteration of the what was previouly known as the Adoptee Citizenship, going back to 2015. This one—now retitled the Protect Adoptees and American Families Act (the PAAF Act)—is identical to previous bills introduced since 2019. It continues to be a critical piece of federal legislation that, if enacted, would close a huge loophole in US immigration law, one that has denied U.S. citizenship to thousands of intercountry adoptees who decades ago were legally adopted by U.S. citizen parents. The loophole relates primarily to the age of the adopted person on a specific date in 2001, denying automatic (sometimes called derivative) citizenship to intercountry adopted people who were born on or before February 27, 1983. Most adoptees born on or before this date must either naturalize or find a different path to secure U.S. citizenship. Critically today, adoptees who have not already secured US citizenship—or encounter barriers to citizenship—remain subject to U.S. immigration action and possible deportation. The PAAF Act would fix these issues. House sponsors include Rep. Adam Smith (D-Washington) and Rep. Don Bacon (R-Nebraska). Senate sponsors are Sen. Mazie Hirono (D-Hawaii) and Sen. Susan Collins (R-Maine). To date there are five bipartisan co-sponsors in the Senate and seven in the House.

H.R. 8281. Introduced by representative Chip Roy (R-TX-21), the SAVE Act purports to address the non-problem of non-citizens voting. The bill would require strict proof of a person’s U.S. citizenship status in order to register or re-register to vote, requiring birth records or other documentation to prove citizenship—such as a US passport or a Certificate of Naturalization/Citizenship. In doing so, it will effectively disenfranchise millions of Americans who do not possess readily available proof of their citizenship. The bill would disproportionately impact intercountry adoptees, married women who have changed their names, and people who have financial or legal issues in securing proof of US citizenship. It is supposedly “fast-tracked” to pass the House, with 104 current Republican co-sponsors. Numerous voting and civil rights organizations oppose the bill, and one adoptee rights organization in Michigan has published an action alert calling on people to contact their Michigan congressional members to express opposition to the bill.

S.604. Senate bill introduced by Senators Amy Klobuchar (D-MN) and Kevin Cramer (R-ND). Makes unregulated custody transfers a form of child abuse and neglect under federal child-welfare law. Defines an unregulated custody transfer whenever a child is placed with a non-relative or otherwise unfamiliar adult, with the intention of severing the parental or guardian relationship with the child, without reasonably ensuring the child’s safety, and without legally transferring parental or guardian rights. The bill is currently in the Senate Committee on Health, Education, Labor, and Pensions. Two identical bills from the 117th and 118th Congressional sessions were introduced but did not receive hearings.