SEC. 2. CITIZENSHIP FOR CHILDREN ADOPTED FROM OUT-
SIDE THE UNITED STATES. 
(a) IN GENERAL.—Section 320(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1431(b)) is amended 
to read as follows: 
‘‘(b) CITIZENSHIP FOR CHILDREN ADOPTED FROM 
OUTSIDE THE UNITED STATES.— 
‘‘(1) IN GENERAL.—A child born outside the 
United States automatically becomes a citizen of the 
United States if the Secretary of State is satisfied 
that all of the following conditions are met: 
‘‘(A) The child is adopted by a parent who 
is a citizen of the United States. 
‘‘(B) The child is younger than 18 years of 
age. 
‘‘(C) It is determined that each adopting 
parent is eligible and suitable to adopt the 
child, including determining that the parent is 
able to support the child and has undergone an 
appropriate criminal background check. 
‘‘(D) Prior to the adoption, the child was 
an unmarried individual younger than 18 years 
of age— 
‘‘(i)(I) whose biological parents (or 
parent, in the case of an individual who 
has 1 sole or surviving parent) or other 
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person or institution that retains legal cus-
tody of the individual— 
‘‘(aa) have freely given their writ-
ten irrevocable consent to the termi-
nation of their legal relationship with 
the individual, and to the individual’s 
emigration and adoption and that 
such consent has not been induced by 
payment or compensation of any kind 
and has not been given prior to the 
birth of the individual; 
‘‘(bb) are unable to provide prop-
er care for the individual, as deter-
mined by the competent authority of 
the individual’s residence; or 
‘‘(cc) 
have 
voluntarily 
relin-
quished the individual to the com-
petent authorities pursuant to the law 
of the individual’s residence; or 
‘‘(II) who, as determined by the com-
petent authority of the individual’s resi-
dence— 
‘‘(aa) has been abandoned or de-
serted by the individual’s biological 
parents or legal guardian; or 
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‘‘(bb) has been orphaned due to 
the death or disappearance of the in-
dividual’s biological parents or legal 
guardian; and 
‘‘(ii) with respect to whom the Sec-
retary of State— 
‘‘(I) is satisfied that the proper 
care will be furnished the individual if 
admitted to the United States; 
‘‘(II) is satisfied that the purpose 
of the adoption is to form a bona fide 
parent-child relationship and that the 
parent-child relationship of the indi-
vidual and the biological parents has 
been terminated (and in carrying out 
both obligations under this subpara-
graph, the Secretary of State, in con-
sultation with the Secretary of Home-
land Security, may consider whether 
there is a petition pending to confer 
immigrant status on 1 or both of the 
biological parents); 
‘‘(III) is satisfied that there has 
been no inducement, financial or oth-
erwise, offered to obtain the consent 
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nor was it given before the birth of 
the individual; and 
‘‘(IV) in consultation with the 
Secretary of Homeland Security, is 
satisfied that the individual is not a 
security risk. 
‘‘(2) CITIZENSHIP FROM BIRTH.—An individual 
who becomes a citizen of the United States pursuant 
to paragraph (1) shall be deemed to have been a cit-
izen of the United States at birth and shall be 
issued a United States Consular Report of Birth. 
‘‘(3) SPECIAL RULE FOR ADOPTEES WHO ARE 
OLDER THAN 18 YEARS OF AGE.— 
‘‘(A) IN GENERAL.—A person described in 
subparagraph (B) shall be deemed to have been 
a citizen of the United States at birth after the 
approval of an application filed within the 
United States or with a United States Em-
bassy. 
‘‘(B) PERSON DESCRIBED.—A person de-
scribed in this clause is a person who— 
‘‘(i) is older than 18 years of age; 
‘‘(ii) was born outside the United 
States and was adopted by a parent who is 
a citizen of the United States before the 
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date on which the person reached 18 years 
of age; and 
‘‘(iii) was described in subparagraph 
(E), (F), or (G) of section 101(b)(1). 
‘‘(4) NO LIABILITY FOR PRIOR TAXES.—An in-
dividual who becomes a citizen of the United States 
pursuant to paragraph (1) or (3) may not be liable 
for any taxes that the individual would have paid to 
the United States as a citizen of the United States 
before the date on which the individual becomes 
such a citizen.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) HEADING.—The heading of section 320 of 
the Immigration and Nationality Act (8 U.S.C. 
1431) is amended to read as follows: 
‘‘CHILDREN BORN OUTSIDE THE UNITED STATES; 
CONDITIONS UNDER WHICH CITIZENSHIP IS ACQUIRED’’. 
(2) SECTION 301 OF THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 301 of the Immigration 
and Nationality Act (8 U.S.C. 1401) is amended— 
(A) in subsection (g), by striking ‘‘and’’ at 
the end; 
(B) in subsection (h), by striking the pe-
riod at the end, inserting a semicolon and 
‘‘and’’; and 
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(C) by adding at the end the following: 
‘‘(i) a person deemed a citizen at birth pursuant to 
section 320(b).’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act is amended by 
striking the item relating to section 320 and inserting the 
following: 
‘‘Sec. 320. Children born outside the United States; conditions under which 
citizenship acquired.’’. 
SEC. 3. NONIMMIGRANT STATUS FOR CHILDREN BROUGHT 
TO THE UNITED STATES TO BE ADOPTED. 
Section 101(a)(15) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)) is amended— 
(1) in subparagraph (U), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (V), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(W) an individual brought to the United 
States as a child to be adopted by a citizen of 
the United States.’’. 
SEC. 4. APPEAL OF NOTICE OF INTENT TO DENY AN ADOP-
TION. 
(a) REQUIREMENT TO PROVIDE OPPORTUNITY TO 
APPEAL.—If the Secretary of State determines that a cov-
ered individual is not eligible to be adopted by a citizen 
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or national of the United States on the basis that the con-
ditions described in subsection (c) are not met, the Sec-
retary shall provide— 
(1) a notice of intent to deny the adoption of 
the child to such citizen or national of the United 
States; and 
(2) an opportunity for such citizen or national 
to appeal the determination. 
(b) COVERED INDIVIDUAL DEFINED.—In this sec-
tion, the term ‘‘covered individual’’ means an individual 
who— 
(1) is younger than 18 years of age; 
(2) was born in a foreign country; and 
(3) is seeking to be adopted by a parent who is 
a citizen or national of the United States. 
(c) CONDITIONS FOR ADOPTION.—The conditions de-
scribed in this subsection are met if— 
(1) the covered individual’s biological parents 
(or parent, in the case of an individual who has 1 
sole or surviving parent) or other person or institu-
tion that retains legal custody of the covered indi-
vidual— 
(A) have freely given their written irrev-
ocable consent to the termination of their legal 
relationship with the individual, and to the indi-
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vidual’s emigration and adoption and that such 
consent has not been induced by payment or 
compensation of any kind and has not been 
given prior to the birth of the individual; 
(B) are unable to provide proper care for 
the individual, as determined by the competent 
authority in the country of the individual’s resi-
dence; or 
(C) have voluntarily relinquished the indi-
vidual to the competent authorities pursuant to 
the law of the country of the individual’s resi-
dence; or 
(2) the covered individual, as determined by the 
competent authority in the country of the individ-
ual’s residence— 
(A) has been abandoned or deserted by the 
individual’s biological parents or legal guardian; 
or 
(B) has been orphaned due to the death or 
disappearance of the individual’s biological par-
ents or legal guardian. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act, or in any amendment made by 
this Act, may be construed to— 
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(1) abrogate any citizenship rights provided to 
an adoptee by the adoptee’s country of origin; or 
(2) nullify the facts of the adoptee’s birth his-
tory. 
SEC. 6. SENSE OF CONGRESS. 
It is the sense of Congress that the government of 
each foreign country from which children are adopted by 
citizens of the United States should provide documenta-
tion of the adopted children’s original birth history to the 
adoptive family in accordance with the laws of such coun-
try. 
Æ 
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