Re-adopting in the U.S. and Naturalization.

Re-adopting your child when bringing them into the US is usually not a requirement, although there are exceptions (see below), it can help make things easier (such as getting birth certificates, etc) and may help avoid problems in the future.

Re-adoptingis an important issue every international adopting family should address as soon as they have reentered the US.  The following has been adapted from the US Department of State website.

If the child is fully adopted overseas, there is no federal requirement for re-adoption in the United States. Even though re-adoption may not be required, the adopting parents may choose to re-adopt the child for specific reasons, such as to re-name the child or to obtain a state birth certificate. It is important to review the requirements of one's state of residence on these issues; state laws differ, and often counties within a state will have varying regulations as well. Many adoption practitioners recommend that the child adopted overseas be re-adopted in a court of the family's state of residence in the United States as a precautionary measure.

Re-adoption of a child IS required in the United States when an IR-4 immigrant visas has been issued to a adopted child by a Consular Officer overseas. Re-adoption is not required for IR-3 orphan visas, but IR-3 visas can only be issued when a full and final adoption overseas has been completed and both parents have seen the child prior to or during the overseas adoption. Under the Child Citizenship Act of 2000, an adopted child who has been issued an IR-3 immigrant visa ("Orphan adopted broad by a U.S. citizen") automatically becomes a U.S. citizen immediately upon his/her admission into the United States in the legal and physical custody of his/her U.S. citizen adoptive parent. A child, however, who has been has been admitted into the United States having been issued an IR-4 immigrant visa ("Orphan to be adopted in the United States by a U.S. citizen") becomes a U.S. citizen only when the adoption has been finalized in the United States and a legal parent-child relationship has thereby been created.

If you are seeking information regarding re-adoption practices in your state of residency, contact that state's Adoption Specialist, an adoption lawyer practicing in that state, or a private adoption agency licensed in that state. 

(Please note that re-adoption and naturalization are two separate processes.)

The following has been adapted from the US Department of State website.

Adoption Guidelines - Naturalization and Your Adopted Child

The Child Citizenship Act of 2000 Public Law 106-395, took effect on February 27, 2001. The law confers United States citizenship automatically on children adopted from other countries by United States citizens if certain criteria are met. The bill amends sections 320 and 322 of the Immigration and Nationality Act to provide foreign born adopted children with automatic citizenship if:

• the child is under 18 years of age;
• the child has been adopted pursuant to a full, final, and complete adoption;
• at least one adopting parent is a U.S. citizen; and
• the child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s) pursuant to lawful admission for permanent residence.

Upon entry into the U.S., the child's foreign passport is stamped with U.S. Citizenship and Immigration Services (USCIS) Stamp I-551. The child is now eligible to apply for a U.S. passport, as a U.S. citizen. To apply for a U.S. passport, the parent(s) should have the following:

• DSP-11, Application for a Passport,
• two (2) identical photographs (2x2 inches in size),
• parent's valid identification,
• certified adoption decree (with English translation, if necessary),
• the child's foreign passport with  USCIS Stamp I-551 or the child's Resident Alien Card, and
• the fee payment.

Evidence of U.S. Citizenship

Having a U.S. passport is not the only way to show evidence of U.S. citizenship. Having a U.S. birth certificate is another standard proof of citizenship. However, by nature, foreign born children lack the U.S. birth certificate. Parents have three options:

• use the U.S. passport as proof of citizenship;
• apply for a Certificate of Citizenship for your child, through the USCIS, which for all intents and purposes can serve as a birth certificate; or
• re-adopt the child in his or her state of residency and apply for a state birth certificate.

For more information about obtaining a Certificate of Citizenship for a foreign born adopted child, contact the USCIS or review the information on their web site. Applicants must complete Form N-643 and pay the associated fee.

Obtaining a Social Security Number for your Adopted Child

To apply for a social security number for your adopted child while living in the United States, you will need to complete Form SS-5. You can obtain either of these forms by calling the Social Security Administration at 1-800-772-1213, by visiting your local social security office, or by downloading the forms off the Social Security Administration web site. You must submit certain documents with the form. Contact the Social Security Administration to verify which supporting documents are needed.