by Christine Jung
Intercountry adoptees often face significant challenges with citizenship documentation—challenges that affect their safety, identity, and basic rights. For some, the lack of U.S. citizenship remains unknown until adulthood, disrupting their lives in substantial ways. At Foster Adopt Minnesota (FAM), rising inquiries reveal both systemic gaps and personal struggles. This article brings attention to these problems and why advocacy and policy change are so important.
Why Citizenship Documentation Matters
Citizenship is crucial for safety and access to fundamental rights in the United States, as well as providing a sense of belonging and identity. Without proof of citizenship, individuals may encounter barriers to employment, financial aid, and other essential services. Unfortunately, thousands of intercountry adoptees lack this documentation. Without proper documentation, individuals are at risk—legal complications and even deportation are real possibilities.
Over the past few years, FAM has seen an increase in the number of requests from intercountry adoptees and their families. These inquiries demonstrate the depth of the problem and the urgent need for solutions.
Background and Trends
At FAM, our role with Post Adoption Search Services includes locating adoption agency and county finalization information, as well as providing resources and referrals to eligible requestors. One of the first inquiries about citizenship came in March 2023 from an adoptee seeking information to apply for a U.S. passport. We were able to offer guidance to apply for replacement citizenship paperwork through U.S. Citizenship and Immigration Services (USCIS) and provide financial assistance through our Post Adoption Funding Program to cover the associated fees.
Between 2024 and 2025, citizenship inquiries grew significantly, coming from adoptees, adoptive parents, and partners. The common theme: deep concern over citizenship status and safety. Some sought guidance on applying for documentation, while others questioned why this crucial step was forgotten.
Reasons for Missing Citizenship Documentation
Based on the stories and situations shared with us, we have identified several factors that contribute to this issue:
- Gaps in legislation - The Child Citizenship Act of 2000 (CCA), which took effect in 2001, granted automatic U.S. citizenship to foreign-born children under 18 who met specific criteria: at least one U.S. citizen parent, lawful permanent residency, and living in the legal and physical custody of that parent after a final adoption. However, the law excluded those who were 18 or older at the time, leaving many adoptees without a way to citizenship. While many adoptees qualified for citizenship under the CCA, Certificates of Citizenship were not issued automatically. USCIS began issuing Certificates of Citizenship in 2004 for some situations and later expanded, but these changes were not retroactive. After the CCA was enacted, many parents still did not apply for a Certificate of Citizenship because they did not understand the importance.
- Adoptions never finalized – Intercountry adoptions may be finalized in the adoptee’s birth country or in the United States, depending on the visa type and adoption process. If an adoption was never finalized, it is highly likely that naturalization did not occur.
- Misinterpretation of citizenship laws – Prior to CCA, some adoptive parents mistakenly believed that finalizing the adoption in the United States automatically granted citizenship.
- Lack of follow-up – Inconsistent and inadequate follow-up by U.S. and overseas agencies and foreign governments has contributed to many adoptees lacking citizenship documentation. Adding to the difficulty are adoption processes that differ by country and state and have changed over time.
- Estrangement from adoptive parents – Adopted individuals estranged from their adoptive families lack access to important documents such as citizenship and adoption finalization paperwork.
Why Proof of Citizenship is Essential
Documentation of citizenship is more than a formality. It protects an adoptee’s rights and future. Without it, individuals can face significant barriers that affect daily life and long-term security.
- Prevents difficulty obtaining documents and financial aid – Required for applications like FAFSA, professional licenses and documentation, identification, and government benefits. Without it, opportunities can be delayed or denied.
- Avoids complications with employment verification – Employers must confirm legal work status; missing documentation can lead to job loss or inability to secure employment.
- Provides lifelong proof of citizenship – Unlike a passport that expires, a Certificate of Citizenship or Naturalization never expires.
- Required for dual citizenship processes – In some countries, this may be the only proof accepted for applying for special visas or dual citizenship.
- Protects against legal risks – In rare but serious cases, adoptees without proof of citizenship have faced deportation or legal challenges.
- Supports identity and peace of mind – Citizenship papers reduce anxiety and confirm identity, easing worries about future legal complications related to citizenship.
Real-Life Examples
The real-life examples below show why citizenship documentation is essential for adoptees. Inquiries we have received come from individuals adopted from a wide range of countries, including Korea, Canada, Haiti, Ethiopia, Ukraine, Russia, and many more. This emphasizes that the challenges are not limited to one specific country, but there is widespread concern.
- Example A – An adoptee estranged from their adoptive parents lacked access to critical documents such as a certified adoption decree and citizenship paperwork. This resulted in several everyday challenges and the insecurity of not possessing citizenship documentation.
- Example B – An adoptive parent whose children are U.S. citizens under the CCA was never informed of the importance of filing for a Certificate of Citizenship. As a result, their children have faced difficulties obtaining a Real ID, a U.S. passport, and applying for FAFSA because they could not provide proof of citizenship.
- Example C – A stepparent adoption took place prior to the CCA, and the family was incorrectly advised that upon adoption finalization, the child born overseas would receive U.S. citizenship. Now, 60 years later, the individual must pursue naturalization.
- Example D – An intercountry adoptee requested help applying for a U.S. passport. They explained their adoption was disrupted and no citizenship record exists. Now, more than 50 years later, they must begin the naturalization process.
- Example E – An adoptee contacted us regarding applying for a Certificate of Naturalization after learning that this document—or a Certificate of Citizenship—was the only proof of U.S. citizenship accepted by their birth country. In this case, the overseas agency and government required confirmation that the individual’s original citizenship was canceled before proceeding with the dual citizenship process.
Advocacy and Efforts to Close the Gap
Citizenship documentation is essential for protecting the rights of intercountry adoptees. Continued advocacy, education, and legislative reform are critical to ensure every adoptee has the security they deserve. Many adoptees live in the United States for decades unaware of their citizenship status, only to later discover they were never U.S. citizens. From that point, they face years of navigating a complex naturalization process. Although new bills were introduced multiple times, none have passed—making ongoing efforts for change more urgent than ever.
As this article has shown, intercountry adoptees face significant challenges with citizenship that affect their safety and identity. Systemic change is essential, but progress is underway. Advocacy groups are working with lawmakers to address gaps and strengthen protections for adoptees. Citizenship documentation protects rights, and continued advocacy and legislative action are vital to ensure every adoptee has the security they deserve.
Christine Jung is the Post Adoption Search Specialist at Foster Adopt Minnesota. Contact: [email protected]