The Child Citizenship Act is the first law that you should know about when you just adopted a child. In this article, let us discuss the Child Citizenship Act.
What is the Child Citizenship Act?
The Child Citizenship Act of 2000 acts as the guiding principle for individual citizens that want to adopt foreign-born children. It allows foreign-born, biological, and adopted children of U.S. citizens to acquire citizenship in the United States if they satisfy certain requirements before the age of 18.
When did the Child Citizenship Act become effective?
The Child Citizenship Act became effective last February 27, 2001. The following are the transitory provisions that applied during the effectivity of the act.
- Children who were under the age of 18 on February 27, 2001 (i.e. born on or after February 28, 1983) may automatically acquire U.S. citizenship from their U.S. citizen parent(s) if they satisfied the statute’s requirement before their 18th birthday.
- Children who were age 18 or older on February 27, 2001 (i.e. children born on or before February 27, 1983) are not eligible to acquire U.S. citizenship from their parents under the Child Citizenship Act of 2000.
Does the Child Citizenship Act apply to naturalization?
No, the Child Citizenship Act does not apply to naturalization. A child born outside the United States or adopted outside the United States may get United States citizenship through different processes. Naturalization applies to specific cases. If you have any other concerns or ways for your child to become a United States citizen, you may contact the USCIS.
If the child enters the United States through an IR-4 or IH-4 Visa, what evidence should I submit?
If the child enters the United States through an IR-4 or IH-4 visa, the child will automatically acquire US citizenship when the adoption occurs in the United States.
You may submit the following documents as evidence of the adoption:
- a certified copy of a full and final adoption decree issued in the United States;
- a court order issued in the child’s state of residence recognizing the foreign adoption; or
- a statement from a competent authority (such as a court or state agency that oversees international adoptions) that the child’s state of residence in the United States does not allow re-adoption (following an adoption performed abroad).
There are other questions that you may have about the Child Citizenship Act. Read the next article of this series.
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The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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