8 FAM 506.2
Adopted Children
(CT:CITZ-29; 12-12-2019)
(Office of Origin: CA/PPT/S/A)
8 FAM 506.2-1 Eligibility for a CRBA for Adopted Children
(CT:CITZ-29; 12-12-2019)
a. Alien children adopted by U.S. citizens: Alien children adopted by U.S. citizens are not eligible for a form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America. If the adopted child later acquires U.S. citizenship under the Child Citizenship Act of 2000 (see 8 FAM 301.10), the child may be eligible for a U.S. passport and a Certificate of Citizenship, but not for a form FS-240.
b. Citizen child of U.S. citizen parent adopted by others: A child who is born abroad to a U.S. citizen parent or parents and then adopted may be eligible for a form FS-240, if the birth parent(s) cooperate in providing documentary evidence to establish the citizenship claim. The application could be initiated by the adoptive parents, working with the U.S. citizen birth parent(s). When an application is initiated for an adopted child, the consular officer must be satisfied that the evidence presented establishes a valid claim to U.S. citizenship through the birth parent(s). In the case of the biological child of an unmarried U.S. citizen father being adopted by two foreign nationals, the biological father would have to execute the affidavit of financial support in order for the child to acquire U.S. citizenship under section 301(g) INA of the Immigration and Naturalization Act as made applicable by section 309 INA. The fact that the prospective adoptive parents demonstrate intent to support the child does not obviate the 309(a) requirements:
(1) The form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, will list the names of the child’s birth parents, since nationality is derived from them, not the adoptive parents. This establishes a clear citizenship record should any questions arise later; and
(2) However, the names of the adoptive parents can be listed on the actual form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America, provided satisfactory evidence of adoption has been presented. The name on the form FS-240 will be the birth name unless the adoption decree or other court order reflects a name change.
c. When the officer is not convinced that a requisite physical relationship exists between the child and the person(s) named on the application as the birth parent(s), refer to 8 FAM 301.4 and 8 FAM 304.2 and consult CA/PPT/S/A (AskPPTAdjudication@state.gov).
d. See 8 FAM 702.3-5(A) regarding listing of parents’ names on the form FS-240.