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Lee Introduces Bill to Fix Citizenship Loophole for Adoptees

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Lee Introduces Bill to Fix Citizenship Loophole for Adoptees
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U.S. Senator Mike Lee has introduced new legislation aimed at closing a legal loophole that denies citizenship to certain international adoptees who were over 18 when previous laws were passed. The Protect Adoptees and American Families Act seeks to grant automatic citizenship to individuals legally adopted by American parents who meet specific residency and background criteria.

Key takeaways

  • Senator Mike Lee and Senator Rick Scott introduced the Protect Adoptees and American Families Act to close a citizenship loophole.
  • The bill targets adoptees who were over 18 when the Child Citizenship Act of 2000 was passed.
  • Eighteen organizations, including the National Council for Adoption, have endorsed the legislation.
  • The bill requires applicants to undergo a criminal background check to ensure they have not committed serious offenses.
  • The legislation aims to provide legal security to thousands of intercountry adoptees living in the U.S. and abroad.

U.S. Senator Mike Lee (R-UT) introduced legislation on August 3, 2026, aimed at closing a legal loophole that has excluded certain international adoptees from receiving U.S. citizenship. The bill, co-sponsored by Senator Rick Scott (R-FL), seeks to grant citizenship to children adopted by American parents who were over the age of 18 when previous citizenship laws were enacted.

Addressing the Citizenship Gap

The proposed legislation, known as the Protect Adoptees and American Families Act or the PAAF Act, targets a specific gap created by the Child Citizenship Act of 2000. While that law granted naturalization to many international adoptees, a technicality involving an arbitrary age cutoff left thousands of legally adopted children without legal recognition of their citizenship. According to a press release from Senator Mike Lee's office, this oversight has resulted in continuous legal issues for a group of Americans whose only disqualifying factor was their date of birth.

Requirements for Naturalization

The bill instructs the Secretary of Homeland Security to issue certificates of citizenship to individuals who can prove their adoption was lawfully completed and that they resided in the legal physical custody of their U.S. citizen adoptive parents. To qualify, the individuals must meet standard criteria under the Immigration and Nationality Act and must not have committed serious criminal offenses. The legislation aims to rectify what Senator Lee described as an oversight that has afflicted established families for decades.

Senator Scott's Support

Senator Rick Scott expressed support for the measure, noting that the current law fails to reflect the reality of many American lives. "If you are adopted by American parents, grow up American, and love America, you are American. However, the law is not currently written to reflect that reality," Scott said in a statement released by Senator Lee's office. Scott emphasized that there should be no legal hurdles for adopted children of American parents to achieve citizenship.

Legislative History

The PAAF Act has already seen legislative movement in a separate capacity. According to records from Congress.gov, a version of the bill was introduced in the Senate on September 19, 2025, by Senator Mazie K. Hirono (D-HI) and Senator Susan Collins (R-ME). This version was read twice and referred to the Senate Committee on the Judiciary. The current version introduced by Lee and Scott seeks to address the specific issue of individuals who were over 18 at the time of the 2000 Act's implementation.

Broad Endorsements

The legislation has garnered significant support from various advocacy groups and legal experts. Eighteen organizations and individuals have endorsed the bill, including the National Council for Adoption (NCFA), the American Academy of Adoption Attorneys (AAAA), and Holt International. Mark Loux, the Interim President and CEO of Holt International, stated that the bill is an important step for thousands of intercountry adoptees who have lived for years without the security of U.S. citizenship.

Legal and Social Impact

Legal professionals have highlighted the importance of the bill for family stability. Janna Annest, President of the American Academy of Adoption & Assisted Reproduction Attorneys, and Genie Miller Gillespie, the organization's Adoption Policy Director, stated that the legislation would correct a longstanding inequity. They noted that providing citizenship to these adoptees recognizes the commitments made by adoptive families and remedies the unintended consequences of earlier regulations.

Application of the Law

The bill outlines specific protocols for both residents and non-residents of the United States. For those residing in the U.S., citizenship is granted if the individual was adopted by a U.S. citizen before reaching 18, was physically present in the legal custody of the parent under a lawful admission, and has not yet acquired U.S. citizenship. For those residing outside the U.S., the bill allows for automatic citizenship once the individual is physically present in the United States pursuant to a lawful admission, provided they meet the same adoption and criminal background check requirements.

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congress.govadopteerightslaw.comuscis.govlee.senate.govadopteesunited.org

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20 days ago · August 4, 2026

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