RM 10210.297 Name and Date of Birth Determinations, Using U.S. State-Issued Evidence, for Foreign-Born Adopted Children Under the Accuracy for Adoptees Act

CITATIONS:

PL 113-74

8 USC 1431

A. Policy-The Accuracy for Adoptees Act

The Accuracy for Adoptees Act (Public Law No 113-74) requires that federal agencies accept certain U.S. State-issued documents that establish or amend a foreign-born child's date of birth or name change, as evidence of the legal name and date of birth for foreign-born adoptees, adopted by a U.S. citizen. States include the 50 U.S. states, as well as Washington, D.C., Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa.

Some States allow individuals, including foreign-born adopted children, to apply to a court to legally change their name or establish a date of birth different from the information reflected on the birth certificate. This includes adoptions and re-adoptions granting a legal name change or different date of birth. When a State court grants a request, a name or date of birth change may be indicated on a State court order or other type of birth or vital record subsequently issued by the child's State of residence.

This policy applies to Social Security Number (SSN) applications for foreign-born children who:

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Present a State-issued birth record, State-issued court document, or other State-issued evidence, listed in RM 10210.297.B in this section, containing a different name or date of birth than what is shown on the original adoption documentation or foreign birth certificate; and,
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Acquired U.S. citizenship or lawful permanent resident status through adoption by a U.S. citizen parent evidenced by a Certificate of Citizenship (N-560/N561) or a Machine-Readable Immigration Visa (MRIV) or Permanent Resident Card (I-551) showing a category of IH2, IR2, IH3, IR3, IH4 orIR4.

If the SSN application for the foreign-born adopted child does not meet the above criteria, these instructions do not apply. Instead, follow existing policy and evidence requirements to process the SSN application, as listed in RM 10210.010 or RM 10210.015, for non-applicable cases.

B. Procedure for Accepting Evidence Documents

1. SSN Applications with U.S. State-Issued Documents as Evidence of Legal Name

Accept any of the following State-issued evidence to establish or change the legal name, on the NUMIDENT, for foreign-born adopted children who meet the policy criteria described in Section A:

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State Court Order (including U.S. Adoption or Re-Adoption Decree);
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State Birth Certificate;
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State Certificate of Foreign Birth;
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State Certificate of Birth Abroad; or
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Other similar State vital records documents.

2. SSN Applications with U.S. State-Issued Documents as Evidence of Date of Birth

Accept any of the following State-issued evidence of age to establish a date of birth different from what is shown on the child’s evidence of age document, (e.g., foreign birth certificate, foreign passport) or to change the date of birth on the NUMIDENT for foreign-born adopted children who meet the policy criteria described in Section A:

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State Court Order (including a U.S. Adoption or Re-Adoption Decree);
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State Birth Certificate;
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State Certificate of Foreign Birth;
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State Certificate of Birth Abroad; or
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Other similar State vital records documents.

NOTE:

Request evidence of identity, per RM 10210.405, in addition to one of the documents listed above. The above listed documents are types of birth records and birth records are not generally considered evidence of identity. Review all evidence submitted following the guidelines in RM 10210.210.

C. Processing U.S. State-Issued Evidence of Legal Name or Date of Birth Using the Social Security Number Application Process (SSNAP)

1. U.S. State-Issued Evidence of Legal Name:

For an original SSN application, document the State-issued evidence of legal name in the Remarks field on the Summary screen, and add the document's State of issuance, name, number, and issuance date.

For a name change replacement card application, select “U.S. State Record for Adoptees Act” from the “Name Change Document” drop-down list on the Proof Identity: Legal Name Change screen. Complete the fields. If the "Proof of Identity Document" drop-down list does not appear, enter the proof of identity in the Remarks field on the Summary screen.

2. U.S. State-Issued Evidence of Date of Birth:

To change the date of birth, select “State Record per Adoptees Act” from the “Level Three POA” drop-down list on the Proof of Age screen and complete the data fields accordingly.

D. References

RM 10210.010 Evidence Policy for an Original or New SSN

RM 10210.015 Evidence Policy for a Replacement SSN Card

RM 10210.210 Reviewing Age, Identity, Citizenship and Lawful Alien Status Evidence for an SSN Card

RM 10210.290 SSN Application for Foreign Born Person

RM 10210.295 Date of Birth Change on the Numident

RM 10210.405 Evidence of Identity for an SSN Card

RM 10205.035 Proper Applicant is a Parent with Custody of a Child Under Age 18

GN 03360.025 Certification of Copies of Documents and Extracts from Records

RM 10212.150 Name Correction on the SSN Card

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0110210297

RM 10210.297 - Name and Date of Birth Determinations, Using U.S. State-Issued Evidence, for Foreign-Born Adopted Children Under the Accuracy for Adoptees Act - 05/06/2024
Batch run: 05/06/2024
Rev:05/06/2024

Program Operations Manual System (POMS)