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Mexico is, and always has been, open.
The problem is that Mexican adoption is difficult, and that fraud has been so widespread that you must be extremely careful in selecting an agency, attorney, or facilitator.
Far, far too many families have found themselves paying huge fees and either being referred a child with very serious special needs when they requested a healthy child, being referred no child at all, or being unable to get an immigrant visa to bring the child to the U.S. because of suspected baby-selling, baby-stealing, or failure to comply with the Immigration and Nationality Act in terms of the "orphan definition", etc. There are also famiilies who, often unknowingly, have adopted children who were actually brought into the U.S. illegally, and who are subsequently discovered to be ineligible for U.S. citizenship, Social Security cards, etc., as a result.
In terms of the difficulties, each Mexican state, and some jurisdictions within states, will have its own adoption laws and procedures. These are over and above any federal laws. Delays in processing are not uncommon, and requests for bribes, alas, are also not uncommon. Many good agencies have tried to launch programs in Mexico, only to halt them because of the difficulties.
In addition, the U.S. State Department routinely advises prospective parents that, because of the way Mexican law is interpreted, at times, some parents may have to spend up to three months in the country, in order to finalize their adoptions. This is not always feasible for working parents or parents with other children.
The good news is that, with the U.S. now a Hague country, there is a possibility that working relationships between Mexico and the U.S. on adoption issues will improve. Several reputable agencies have recently established programs, and believe that their programs will be stable, ethical, and reasonable in terms of requirements. Of course, there are no guarantees, and anytime you go with a brand new program, there are some risks and unknowns, especially about timetables. Still, if you go with a conservative, Hague accredited agency that doesn't start new programs until it has laid a lot of groundwork, the risk should be limited.
The good news is also that a FEW agencies have been working in Mexico successfully even before the Hague took effect in the U.S. As an example, there is a U.S. Catholic agency -- I can't name names or state whereabouts, because of this Forum's requirements -- that has a relationship with the archdiocese of Mexico City, and has been placing children from there for some time; it has recently been Hague accredited. I do not know if it works with non-Catholics or people from outside its geographic area. Hague accredited agencies with an established track record in Mexico are probably the safest bet for an adoptive family, though there may be only a couple in existence.
Do remember that, now that the U.S. is Hague compliant, you MUST use an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider for your adoption services. The U.S. State Department maintains a list of such organizations and individuals.
Do NOT count on a provider's statement that he/she has applied for approval or is about to apply for approval. Unfortunately, if you start with such a provider, and approval is not forthcoming, it may be difficult for you to complete an adoption. ALWAYS verify any claims of approval, and be very wary of anyone who claims not to need approval.
Sharon
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Sharon, age 64
Mom to Rebecca
born 10/18/95
adopted 5/5/97
Xiamen (Fujian prov.), China
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