If you are expecting and considering adoption, you have a lot on your mind. You are contemplating making a brave and difficult choice to give your baby the wonderful gift of a loving family ready to care for a new life. If you are living in Arkansas but not a citizen of the United States, you have even more on your mind. Can a birth mother relinquish her child for adoption if she is not a citizen? Are there legal issues involved? and are there any differences in the Arkansas adoption laws for this situation?
Citizenship is not a requirement
You do not have to be a U.S. citizen to consider adoption for your infant. There are many reasons for non-citizens to be in the United States, from study to COFA migration to legal permanent residence to professional visas like the HB-1 visa. Women in any of these situations may find themselves dealing with an unplanned pregnancy. Parenting a child may not be a good choice for you right now, and adoption is a blessing for your child and for the adoptive family.
There are no special laws in Arkansas dealing with the question of whether a birth mother is a citizen or not. Your legal status can affect your access to medical services and some other kinds of support, but it does not affect your freedom to make an adoption plan.
Birthright citizenship
Every child born in the United States is automatically a citizen of the United States. This is true regardless of the citizenship of the child’s parents. Therefore, there are no legal issues about your child’s citizenship which could affect adoption.
There have been discussions about birthright citizenship recently, and the law could change. However, at this time, the 14th amendment of the U.S. Constitution guarantees that anyone born on American soil is legally an American.
Your rights
As a birth mother in Arkansas, you have the right to make decisions about your adoption plan. You can choose an open adoption, in which case the adoptive family will have information about you and you can arrange continuing contact with the child. If you prefer, you can have a closed adoption, which means that the adoptive family and the child will not have your personal information.
You will make your adoption plan and choose the adoptive family for your child. The adoptive parents can help you with financial support and you will have your own legal counsel to make sure that you fully understand your decisions.
If English is not your native language, you have a legal right to an interpreter to make sure that you understand the documents you are signing.
Heimer Law can assist you all along the way through your adoption journey. Call us today or use our simple form below.
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