Legal Question in Immigration Law in California

A way to US Citizenship

I am in divorce and for some strange reason my wife wants me to waive my parental rights.

She wants me to do this so her father can adopt my children.

Can he gain US citizenship if he adopts us citizen children?


Asked on 5/25/09, 7:10 pm

2 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: A way to US Citizenship

Dear Inquirer:

No. US Citizenship is not automatically conferred by adopting US citizen children.

I recommend that you email us at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/26/09, 2:34 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: A way to US Citizenship

Most definitely not! If you give up your parental rights, you're giving up your relationship with your children. I wouldn't do that because someone I'm divorces asks that of me! Your children might get U.S. residence or citizenship, but you and your ex-wife would not get anything legally from them - immigration status, inheritance, or any other legal right permitted by virtue of the parent/child relationship. (Caveat re: inheritance: you can leave to them or they to you in a will or trust, but death without a will/trust would leave the other with no rights under the law due to the relationship.) The bonds of parent and child are severed forever with adoption. Sometimes it can backfire though if the adoption is a fake. In that case, everyone loses, including your kids.

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Answered on 5/25/09, 7:19 pm


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