Just after a controversial speech in Washington, D.C., Abrazo is already fielding questions about how threats to end birthright citizenship may impact adoption.
So let’s unpack this together, shall we?
What is birthright citizenship, anyway?
The United States Constitution clearly confirms that American citizenship is automatically conferred upon any baby born in this country. Here’s how it actually reads:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Legal experts have already noted that it is unlikely that any presidential “proclamation” of this nature would succeed at overturning the US Constitution. The ACLU (among others) are already preparing their lawsuits in defense of the 14th Amendment.
What is the intent of such a political stunt?
Simply put, it’s an attack on immigrants who give birth in the US– but only certain ones, it seems. (It seems to be those seeking asylum &/or migrating from Central America and South America that are most endangered by the threat of an executive order of this nature, for reasons that seem blatantly racist, at best.)
After all, surrogacy tourism is big business in America, and it’s primarily the rich who can afford it. We suspect that the powerful reproductive technology lobbying arm will successfully appeal to the party now in power to carve out a special exemption for the wealthy who rent US wombs or import poor women from Third World countries to come give birth here to secure American citizenship for their designer babies.
Would domestic adoption be impacted?
Absolutely; considering the number of undocumented mothers who deliver in the US and place their babies for adoption, an attack on birthright citizenship could further decrease the number of infants available for domestic adoption in America going forward.
Such restrictions could also increase the number of newborns being abandoned by desperate migrant mothers. It also raises the question of what “safe haven laws” and the insidious baby box movement would need to do to verify that no “migrant babies” were being afforded illegal protection, were birthright citizenship to be suspended?
In Texas, the state-funded Texas Pregnancy Care Network only reimburses approved centers who provide counseling, medical care and material assistance (ie., donated diapers, baby clothes, formula, etc.) to mothers-in-need who can prove they are American citizens. (Even pro-life values may have their limits in the Lone Star State, it seems.)
Are adoptees with birthright citizenship at risk?
Most attorneys seem to readily agree: those who have gained birthright citizenship under the 14th Amendment since 1868 have little to worry about. Adoptive parents whose children were already born and adopted in America need not be concerned about their kids’ legal status (unlike adoptive parents who adopted internationally then failed to secure their foreign-born adopted kids’ US citizenship upon returning home, resulting in adoptees’ heartless deportations many years later.)
This does little to calm the fears of those in open adoption relationships with the undocumented birthfamilies of their children, however. The current administration may wage war on loving birthparents who lack citizenship, and this is of great concern to the extended adoption community, for good reason. Adoptive families should exercise caution in putting undocumented birthparents at undue risk by meeting in public in areas of the country in which anti-immigrant sentiment may be especially rampant. Pro-tip: don’t cease to keep your open adoption promises, of course, but do be sensitive to the concerns of undocumented birthparents when scheduling visits.
Anticipate adoptee passport issues (unfortunately)
Abrazo has recently heard of more problems being encountered by American-born adoptees applying for US passports, but it’s actually been going on for years.
Some of our own adoptees are still being ordered by passport offices to produce not just their amended adoption birth certificates, but also their original birth certificates, which Texas adoptees are legally prohibited from obtaining. (Remember the legislative fight waged unsuccessfully here every other year, seeking a law in Texas to guarantee the civil right of every adult adopted in Texas to their own original birth record? This is why that matters, folks.)
One Abrazo adoptee we know whose birthmother recently died was informed by the passport office that she cannot get a passport without submitting her sealed original birth certificate or her late birthmother’s original labor & delivery records. Why? Her Texas adoption records are considered “insufficient” even though court documents clearly confirm she was born and adopted in America. All we could do was advise her family to seek the help of their Congressman, because even the best adoption attorneys we know are confounded by this conundrum.
Need answers about adoption and birthright citizenship?
There is a remarkable national resource available called the Adoptee Rights Law Center. Founded by adoptee and attorney Gregory Luce, this is one of the best places we know, for those seeking answers about how the fight over birthright citizenship may potentially impact adoption and adoptees. (Other national organizations that are surely watching this issue carefully are the American Academy of Adoption & Assisted Reproduction Attorneys and the National Council for Adoption.)
We understand the fears many of you are feeling and expressing. It does feel as if our nation is heading into unchartered territory, unfortunately. But rest assured, Abrazo is still here to listen, to continue to help mothers-in-need whatever their nationality, and to offer support to all within our adoption community, whatever may or may not happen with the politically-motivated challenge to birthright citizenship being raised at present.
Because at the end of the day, adoption has always been about protecting the best interests of children in need, wherever their families came from, and that is the priority that should be upheld.
