Intercountry Adoptee Rights Legislation

Overview of federal and state legislation that impacts intercountry adoptees in the United States.

Federal Legislation

Adoptee Citizenship Act of 2021

HR1593/S967 [PDF Copy] The Adoptee Citizenship Act of 2021 is a critical piece of federal legislation that closes a discriminatory loophole in US immigration law, one that denies 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 adoptee, denying automatic citizenship to those born prior to February 27, 1983, though other loopholes continue to exist. Most of of the pre-1983 adoptees must either naturalize or find a different path to secure U.S. citizenship. Critically, adoptees who have not already secured citizenship or have barriers to citizenship remain subject to U.S. immigration action and possible deportation to countries they have never known.

The joint press release from Congressman Adam Smith (D-Wash.) and Congressman John Curtis (R-UT), the joint sponsors, is here. Senators introduced S967 on March 26, announcing six sponsors already in place. Senator Blunt’s press release is here.

State Legislation

Color Key

Active State Bills

Michigan

SB1221. Notice Requirement for Intercountry Adoptions. This bill would require child-placing agencies to notify adoptive parents that they are required to apply for U.S. citizenship for their adoptive child. There is no penalty or consequence for failure to notify the adoptive parents, nor does it require adoptive parents to assure all steps to establish U.S. citizenship for the child are completed. It has been referred to the Committee on Families, Seniors, and Veterans.

Prior Sessions/Dead Bills

Adoptee Citizenship Act of 2019

HR2731/S1554. The ACA of 2019 is identical to the bill now active in Congress. It did not move out of committee in the 116th Congress.