If you are adopted by American parents, grow up American, and love America, you are an American. That’s what congressman Rick Scott and a growing number of congress members believe. They are hoping to fix an old loophole that prevented many international adoptees from becoming US citizens.

A newly proposed piece of federal legislation offers hope to thousands of adults who were adopted internationally as children. The Citizenship for International Adoptees Act of 2026, known as S. 5191, seeks to create a direct path to United States citizenship for certain individuals. These adoptees were adopted by American parents but were overlooked and excluded from previous citizenship laws because of their age.

It is very important to understand that this bill is not currently law. It is only a proposal at this stage. Senator Mike Lee of Utah and Senator Rick Scott of Florida introduced S. 5191 in the United States Senate on July 30, 2026. The Senate has referred the legislation to the Committee on the Judiciary for review.

While the bill must still pass through Congress, it highlights a serious issue. Many international adoptees grew up in the United States thinking they were citizens, only to learn otherwise as adults. This new bill aims to fix that problem.

The Gap Left by the Child Citizenship Act

To understand the new bill, it helps to look at the past. Congress passed the Child Citizenship Act of 2000 to make the citizenship process easier for many foreign-born children adopted by United States citizens. That law officially took effect on February 27, 2001.

The 2000 law allowed many adopted children to acquire citizenship automatically. However, the child had to meet specific rules on the day the law took effect. One major rule was that the child had to be under the age of 18.

This age limit created a massive gap. The law did not apply retroactively to everyone. If an international adoptee was already 18 years old or older on February 27, 2001, they could not benefit from the new automatic citizenship rule.

As a result, thousands of adults were left in a legal gray area. Their only disqualifying trait was their date of birth. They were legally adopted as children. They were raised by American citizens. They attended local schools and lived almost their entire lives in the United States. Yet, they did not have United States citizenship.

This gap causes real hardships. Having a Social Security number or a state driver’s license does not prove a person is a citizen. Many adoptees only discover the problem when they try to get a passport. Others find out when they apply for certain jobs, request public benefits, or try to register to vote. In some cases, people even face issues with immigration authorities. Fixing these problems is often difficult because old adoption and immigration records can be hard to find.

Who Could Qualify Under the Proposed Bill

If Congress passes S. 5191 in its current form, it will add a new section to the Immigration and Nationality Act. This section would help adults who fell through the cracks of the 2000 law.

The bill sets clear conditions. To qualify, a person would need to meet all of the following requirements:

• Born Outside the United States: The person must have been born in another country.
• Lawful Entry for Adoption: Before turning 18, the person must have been admitted to the United States legally for the purpose of adoption.
• Adopted by a Citizen: A United States citizen must have adopted the person before the person turned 18.
• Legal Adoption Standards: The adoption must meet specific definitions found in federal immigration law.
• Physical Custody: Before turning 18, the person must have lived in the United States in the legal and physical custody of their citizen parent under a final legal adoption.
• No Prior Citizenship: The person must not have already gained United States citizenship through another method.
• Physical Presence: The person must be physically present in the United States on the day the bill becomes law. This shows a commitment to the country.

The proposed bill also includes important exceptions. For example, a person might not qualify if they have committed certain serious crimes or belong to a criminal gang. These rules are tied to complex parts of federal criminal and immigration law. A past arrest does not always mean a person is disqualified. The outcome depends on the specific charge, the final court decision, and other details. Anyone with a criminal record or past immigration problems should get professional legal advice. They should not try to guess whether they qualify.

What “Automatic Citizenship” Means

The proposed bill uses the phrase “automatically acquire United States citizenship”. This language is important, but it can also be a little confusing for families.

If the bill becomes law, citizenship would be acquired by operation of law exactly 120 days after enactment. This means the legal status changes once all the conditions are met.

However, “automatic” does not mean “without effort.” The government will not simply mail a certificate of citizenship to your house. The bill requires the adoptee to file a formal application with the Department of Homeland Security. The applicant must prove that they meet every condition.

The person will still need to provide evidence. They must show that the adoption was final and lawful. They must prove their parents were United States citizens. They must show they lived in their parent’s custody. Only after the government reviews and approves the application will it issue the certificate of citizenship.

A Helpful Limit on Application Fees

Filing forms with the government can be expensive. The normal form used to claim citizenship is Form N-600, the Application for Certificate of Citizenship.

The proposed bill includes a special rule to help adoptees with costs. It limits the fee that the Department of Homeland Security can charge. Under S. 5191, the fee cannot be more than half of the standard cost for Form N-600.

This fee cap is a positive step. It makes the process more affordable for adults who have already spent years dealing with legal stress. However, paying a lower fee does not remove the need for strong proof. Applicants will still have to gather and submit all required documents.

Support from Adoption Law Experts

Many legal experts and organizations support the Citizenship for International Adoptees Act of 2026. The Academy of Adoption & Assisted Reproduction Attorneys (AAAA) sent a formal letter to Senator Mike Lee endorsing the bill.

AAAA is a trusted organization. It represents more than 470 attorneys in the United States and around the world. These attorneys specialize in adoption law, assisted reproduction law, or both. Donald C. Cofsky of Cofsky & Zeidman, LLC is a past president of AAAA.

In a letter dated July 29, 2026, AAAA leaders called the current situation a longstanding inequity. The organization noted that the United States has welcomed children from around the world since 1945. These children grew up as Americans but were denied the basic right of citizenship.

The AAAA letter stated that the new bill reflects a basic principle. Children legally adopted by American citizens should have the exact same security and legal status as biological children. The organization believes that granting citizenship to these adoptees will promote family stability. It will honor the promises made by adoptive families. It will also fix an unfair mistake made by past laws.

Broad Backing from Lawmakers and Child Welfare Groups

The push for this legislation goes beyond attorneys. Eighteen different organizations and individuals have endorsed the bill. These include groups like Holt International, Lifeline Children’s Services, the National Council for Adoption, and the Adoptee Advisory Committee.

Leaders from these groups have spoken out about the need for change. Mark Loux, the Interim President and CEO of Holt International, called the bill an important step for thousands of adoptees. He noted they have lived for years without the security of United States citizenship. Herbert M. Newell IV, the President of Lifeline Children’s Services, said the bill provides a legal remedy for the sons and daughters of citizens who were left in legal uncertainty.

The lawmakers who sponsored the bill also feel strongly about it. Senator Mike Lee explained that the bill will fix a past oversight. He wants to bring these adopted Americans into accordance with the law. Senator Rick Scott added that if you are adopted by American parents, grow up American, and love America, you are an American. The law should reflect that reality.

A Crucial Reminder: The Bill Is Not Law Yet

It is vital to remember that S. 5191 is merely a proposed bill. As of August 2026, it has only been introduced in the Senate. It has not passed the Senate. It has not passed the House of Representatives. The President has not signed it into law.

The legislative process can be slow. Congress might change the wording of the bill. Lawmakers could add new rules or remove others. They might even decide to take no further action at all.

Because the bill is not law, you cannot apply for this program yet. Adoptees should follow the bill’s progress carefully. Please avoid sending any applications or fees for a program that does not currently exist.

However, this does not mean you should sit and wait. Some adoptees might actually be citizens under current laws but simply lack the right paperwork. Others might have different ways to apply for naturalization right now. A careful legal review today can help you understand your current status.

Preparing Your Documents Now

Even though the bill is not law, you can start preparing. Gathering old records can take a lot of time. Agencies close down, people move, and papers get lost. Finding documents early is a smart choice.

If you are an international adoptee and you are unsure about your citizenship, you should try to locate these important records:

• Your original foreign birth certificate. If it is not in English, you will need a certified translation.
• Your adoption decree. This could be from a foreign court or a United States court. Also look for any later court orders that recognized the adoption.
• Proof that your adoptive parent was a United States citizen.
• Your old passports, visas, permanent resident cards, or other immigration papers.
• School records, medical records, or tax forms. These help prove you lived in the physical and legal custody of your citizen parent before you turned 18.
• Copies of any previous applications you made for passports or immigration benefits.
• Certified court records for any past arrests, if this applies to your situation.

Do not panic if you cannot find every single document right away. A missing paper does not always mean you cannot succeed. You might be able to get replacement copies from state vital records offices, court archives, federal immigration files, or adoption agencies. Starting this search early will give you a head start if the new bill becomes law.

Important Lessons for Current Adoptive Families

The proposed bill focuses on adults who were left behind by older laws. However, it offers a strong lesson for families who are adopting internationally today.

Adopting a child and securing their citizenship are two different legal steps. A finalized adoption does not automatically give a child proof of citizenship. The type of visa the child uses, where the adoption takes place, and whether the family needs to readopt the child in their home state all matter.

Adoptive parents must keep certified copies of every adoption and immigration record. Parents should always confirm that their child has legally acquired citizenship. They should then apply for formal proof, such as a United States passport or a Certificate of Citizenship. Taking these steps right away will protect the child from facing legal nightmares decades later.

How The Law Office of Cofsky & ZeidmanCan Help

Dealing with citizenship questions in an international adoption can be very complex. These cases often involve federal immigration rules, state adoption laws, and documents from foreign governments.

At the Law Office of Cofsky & Zeidman, our New Jersey and Pennsylvania adoption attorneys bring deep experience in adoption law. We can help families review the adoption side of their case. We can assist in tracking down missing adoption records. If a family needs to complete a readoption or get a foreign adoption recognized by a state court, we can guide them through the process. 

Whether you are planning a new international adoption or trying to sort out old documents, you do not have to do it alone. Please contact the Law Office of Cofsky & Zeidman to schedule a consultation.

Call our Haddonfield office at (856) 429-5005.

Call our Woodbury office at (856) 845-2555.

Call our Philadelphia office at (215) 563-2150.