Can Adopted Children Petition Their Biological Parents or Siblings?

For many families, adoption creates loving, permanent homes for children in need. But when it comes to immigration law, adoption changes more than just family dynamics. It also changes legal relationships. One common question that arises is whether an adopted child can later sponsor their biological parents or siblings for immigration benefits. While the desire to keep or reconnect with biological family members is understandable, U.S. immigration law has strict rules about family-based petitions. This article explains how adoption impacts the ability of a child to sponsor biological relatives and what alternatives, if any, may exist.

Adoption Legally Terminates the Relationship With Biological Parents

Under U.S. immigration law, a legal adoption generally severs the legal parent-child relationship between the adopted child and their biological parents. This has significant consequences:

• Once adopted, the child is considered the legal child of the adoptive parents, not the biological ones.

• For immigration purposes, the biological parents are no longer recognized as relatives, and the adopted child cannot petition for them as immediate relatives or family preference categories.

• Similarly, biological parents cannot petition for a child who was legally adopted by someone else.

This rule applies whether the adopted child is a U.S. citizen or a lawful permanent resident.

No Immigration Pathway for Biological Siblings After Legal Adoption

The same principle applies to biological siblings. Because a legal adoption ends the parent-child relationship with the biological family, it also cuts off derivative relationships:

• An adopted child cannot petition for a biological brother or sister, unless they are also adopted by the same legal parents.

• In other words, the legal sibling relationship must be based on a shared adoptive parent or a legally valid step- or biological relationship that continues to exist under the law.

If two people are biological siblings but one is adopted and the other is not, and the adoption is recognized under immigration law, then they are no longer considered siblings for immigration purposes.

What About Step-Relationships or Reunification?

There are rare situations in which a biological relationship may still play a role, but these are exceptions and highly fact-specific:

• If the adoption was not finalized or does not meet the legal requirements under the Immigration and Nationality Act (INA), the biological relationship might still be recognized.

• For example, if the adoption occurred after the child turned 16 (or 18 in certain sibling adoption cases), it may not qualify under U.S. immigration law, and the biological relationship might remain intact.

• In limited humanitarian cases, such as refugee or asylee family reunification programs, there may be alternate pathways for reconnecting with biological family members.

Each of these exceptions requires careful legal analysis. A qualified immigration attorney should review the case in detail.

What Are the Legal Requirements for a Valid Adoption Under U.S. Immigration Law?

For most non-Hague adoptions, U.S. immigration law requires the following:

1. Adoption finalized before the child’s 16th birthday (or 18th birthday if adopted with a sibling).

2. The adoptive parent must have had legal custody and lived with the child for at least 2 years.

3. The adoption must be legally binding under the laws of the country where it occurred.

If an adoption fails to meet one or more of these criteria, it may not be considered valid for immigration purposes, and the biological relationship may technically remain intact.

Hague Convention adoptions

If the child is from a country that is a party to the Hague Adoption Convention, a different process applies. The Hague process is designed to protect the best interests of children and prevent child trafficking. In these cases:

• The adoption must be arranged through a Hague-accredited adoption service provider.

• Prospective adoptive parents must first file Form I-800A with USCIS to be found eligible to adopt.

• Once matched with a child, they must then file Form I-800 to determine the child’s eligibility to immigrate under the Hague process.

• The adoption must be approved by the U.S. Department of State, which issues a Hague Adoption Certificate or Custody Certificate.

This process does not follow the same requirements as other international or domestic adoptions and must be completed in the correct sequence to be valid for U.S. immigration purposes.

Consult a Trusted Immigration Attorney

Adoption brings emotional and legal complexity, especially when family members remain outside the United States. If you or someone you know is facing this situation, it’s essential to consult an experienced immigration attorney who understands the legal nuances and can guide you through the options.

At Tran Flores Law, we focus on helping families understand how immigration law applies to their unique circumstances. Every case is different, and staying informed is the first step toward making the right choices for your loved ones.