Arkansas adoption law has a few requirements for people who want to adopt a child. Is U.S. citizenship one of them? Or , to put the question more simply, do you have to be a U.S. citizen to adopt in Arkansas?
When citizenship is required
If you want to adopt a child from another country and to get a visa for that child to come to Arkansas and become a U.S. citizen, then you must yourself be a U.S. citizen. If you are married, your spouse must live in the U.S. legally, either as a U.S. citizen or a permanent resident. The two of you must adopt together as a couple, even if you are separated.
There is no wiggle room for this rule. If you are not yourself a U.S. citizen and your spouse is not legally allowed to live in the United States, then you cannot adopt a non-citizen child and bring him or her into the United States.
When citizenship is not required
If you are not a U.S. citizen but the child you want to adopt is a U.S. citizen, then you can adopt, subject to all the usual checks and rules.
To adopt in Arkansas, either the child or the adoptive parent must be an Arkansas resident. The child must be a U.S. citizen. But the adoptive parents are not required to be citizens, as long as they have the legal right to live in Arkansas.
The laws regarding domestic adoption are state laws. Different states have different rules, but Arkansas allows adoption without U.S. citizenship. Home study, background check, and a court decision are all still required.
You need an adoption lawyer
Adoption is a complex legal process, and you will need an experienced adoption attorney who knows the laws and how to navigate them. Each adoption journey is different, but there are always complex questions that arise during the process. There is lots of paperwork to do and it’s very easy to overlook important details.
Heimer Law can help with all the questions and concerns you may have along the way. Contact us today for a free consultation.
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