A Resource for Public Defenders and Immigration Lawyers
Introduction
This guide is designed to help legal professionals provide informed, compassionate guidance to immigrant mothers facing difficult decisions about their children’s care during immigration proceedings. When discussing adoption, it’s essential to present information in a culturally sensitive manner that respects the mother’s autonomy while ensuring she understands all available options.
Any children born in the US are eligible for adoption, regardless of the immigration status of their parents.
What is adoption?
Adoption is a legal process that permanently transfers all parental rights and responsibilities from birth parents to adoptive parents. Once finalized, an adoption creates the same legal relationship between the child and adoptive parents as exists between biological parents and their children. Birth parents’ legal rights and obligations to the child are terminated through this process.
There are several types of adoption that may be appropriate depending on your client’s situation:
- Open adoption: Birth parents maintain some form of contact with the child and adoptive family
- Semi-open adoption: Communication occurs through an intermediary like an adoption agency
- Closed adoption: No ongoing contact between birth parents and adoptive family
- Kinship adoption: A relative adopts the child
- Foster-to-adopt: Children in foster care are adopted by their foster parents
Most modern adoptions include some degree of openness, which can be tailored to the birth mother’s comfort level and preferences.
Addressing Cultural Concerns
How can I address the cultural stigma around adoption with my client?
Acknowledge that adoption views vary widely across cultures, and many communities have strong feelings about family preservation. Create a judgment-free space for discussion by:
- Listening to your client’s cultural perspective
- Providing information without pressure
- Respecting that family separation carries deep emotional significance
- Connecting clients with cultural resources and support groups
Your client may fear being judged by her community. You can support her by validating her concerns and connecting her with counselors who understand her cultural background. Validate these concerns and connect her with counselors who understand her cultural background. Confidentiality protections can also be explained and emphasized.
My client believes adoption means abandoning her child. How can I address this?
Many mothers share this concern. Explain that adoption can be viewed as a loving parental decision made in challenging circumstances. In open adoption arrangements, many birth mothers maintain relationships with their children throughout their lives. This isn’t abandonment but rather ensuring the child has security while maintaining connection.
Immigration-Specific Questions
Will placing a child for adoption affect my client’s immigration case?
Adoption decisions are separate from immigration proceedings. Having a child placed for adoption neither strengthens nor weakens an immigration case in most circumstances. However, every case is unique, so specific legal advice should be provided individually.
Can my client choose adoptive parents who share her cultural background?
Yes. Many agencies work to match children with families who share their cultural heritage or who commit to honoring the child’s cultural background. Birth mothers often have significant input in selecting adoptive families.
If my client is deported, can she still have contact with her child in an open adoption?
Yes, though international open adoptions require careful planning. Technology enables video calls, and some adoptive families commit to sending updates, photos, and facilitating visits when possible. These arrangements should be documented in post-adoption agreements.
Legal Considerations
What rights does my client have in the adoption process?
Birth mothers have significant rights throughout the adoption process, including:
- The right to change their mind about adoption prior to signing consent documents
- The right to select the adoptive family (in most private adoptions)
- The right to create an adoption plan including their preferences for contact
- The right to independent legal counsel separate from the adoption agency
- The right to receive counseling and support services
It’s important to emphasize that legally, no one can force a mother to place her child for adoption.
Can adoption be reversed if my client’s situation changes?
Once parental rights are legally terminated and an adoption is finalized, it is very difficult to reverse. This is why thorough counseling and understanding of all options is essential before making this decision.
Planning and Support
What options exist besides adoption?
- Temporary guardianship: Legal arrangement giving someone temporary authority to care for a child
- Kinship care: Placement with relatives
- Power of Attorney: Legal document authorizing another person to make decisions for the child
- Co-parenting arrangements: Sharing parental responsibilities with another trusted adult
How can my client plan for her child’s care if she faces potential deportation?
Encourage creating a family care plan that includes:
- Designating trusted guardians
- Gathering important documents (birth certificates, medical records)
- Establishing power of attorney
- Creating a communication plan
- Discussing preferences for the child’s care
What support can birth mothers legally receive?
Birth mothers can legally receive support for pregnancy-related expenses, which may include:
- Medical expenses not covered by insurance
- Reasonable living expenses during pregnancy and briefly postpartum
- Counseling services
- Legal representation
- Maternity clothing
These payments must be documented. It is crucial to understand that payment cannot be contingent on placement of the child or consent to adoption, as this would constitute baby-selling, which is illegal in all states.
What questions should my client ask an adoption agency?
- What services do you provide to birth mothers?
- Do you have experience working with immigrant families?
- Do you have staff who speak my language?
- How do you handle open adoption arrangements?
- What ongoing support is available after placement?
- Can you provide references from other birth mothers?
Final Thoughts for Legal Professionals
Remember that your role is to ensure your client has accurate information to make an informed decision that feels right for her and her child. Present all options without judgment, and respect whatever choice she makes. Connect her with quality resources regardless of her decision.
This document provides general information and is not legal advice. Laws regarding adoption vary by state. For specific guidance, consult with a family law attorney experienced in adoption law in your jurisdiction.
Developed by KidsFirst Adoption Services – Supporting families with compassion since 1999