When U.S. citizens adopt children from other countries, the adoption may come with expectations of permanence and stability. However, in some situations, adoptive parents choose to dissolve the legal relationship, raising difficult questions about the child’s future, including their immigration and citizenship status.
Whether the child has already acquired U.S. citizenship often determines what happens next. In cases where citizenship was not finalized before the adoption ended, the child may still have a path forward, but certain steps must be taken.
A child who has already obtained citizenship keeps it
If a child has already acquired U.S. citizenship through their original adoptive parent—either automatically under the Child Citizenship Act (typically under INA 320) or through a formal process—they remain a citizen even if the adoption is later dissolved. That status does not get revoked simply because the legal parent-child relationship ends.
However, some children do not receive a Certificate of Citizenship, even after acquiring citizenship. In those cases, adoptees or their new legal guardians may need to apply for documentation by filing Form N-600 with USCIS.
A child may still obtain citizenship through a new adoption
If the child never acquired citizenship under the original adoptive parent, often because the adoption wasn’t finalized in the U.S., or the child entered with an IR-4 or IH-4 visa, they may not have automatic citizenship. But if the child is later adopted by a different U.S. citizen, they may be eligible to apply for citizenship through the new parent under INA 320 or INA 322.
This path still requires meeting all adoption-related requirements and filing the correct form (N-600 for children residing in the U.S., or N-600K for those living abroad).
Verifying or securing proof of citizenship
When a child’s status is unclear, families can request records from USCIS through a FOIA request or schedule an appointment to verify information. If citizenship is suspected but undocumented, applying for a U.S. passport or Certificate of Citizenship may provide clarity and protection for the child.
In these complex cases, preserving the child’s legal status requires timely action and careful documentation. Seeking legal guidance can be helpful in understanding which options apply and how to move forward.