[Archive]

Edited to remove SOLICITATION

Didn't want to delete because the information that followed was good info!

[Rosioh]

Hello Jorge

My name is Rosie. My husband, Richard and I have been married for 20 years. We have been unable to have a child of our own. We are Hispanic and would like to adopt a baby of Latin nationality.

We are unsure of the process to adopt in Mexico. I did read some information and it seems complicated and expensive.

What if we knew someone who was pregnant in Guadalajara and she wanted to give us her baby. What would be the process?

Could you bring the baby home directly after birth?

I have a cousin who knows of a young lady who is considering giving her baby up to a couple in the states.

Thank you for your time

Rosie

[sak9645]

... who wanted to place her baby, you would first need to determine whether the child qualifies for an adoption visa. The INS will not grant such a visa to a child unless she/he meets the definition of an "eligible orphan" under the Immigration and Nationality Act. If the child does not qualify for a visa, you would have to live overseas with her/him for two years in order to apply for a regular visa.

If the child qualifies for an adoption visa, you would need to have a homestudy by a provider in your state, which concludes that you are an appropriate candidate for adoptive parenting a child. The homestudy involves such things as some meetings with a social worker and a visit by the social worker to your home, as well as review of documents and a police and child abuse clearance.

In addition, the INS would have to approve you as adoptive parents. The INS needs to review your homestudy report and needs to run your fingerprints through an FBI computer. Without this approval, you would not be able to bring the child to the U.S.

Moreover, since the Mom and baby will be citizens of Mexico, you must comply with the adoption laws of that country. Unfortunately, Mexican adoption law is complicated. The rules vary by jurisdiction. You would need to work with a competent attorney or agency to navigate the adoption process.

Bringing a pregnant woman to the U.S. to relinquish her baby is not considered good practice. The INS generally will not give a visa to a pregnant woman who is known to be planning to deliver here and place her baby for adoption, as this is generally done to circumvent both foreign law and INS requirements.

Sharon A. Kaufman

[Udon]

We are a couple that are47ad 53. We woul like to start our own family together. We are interested in a child or two from two to six years old. We have been toether for sometime, but just recently married so we could start our new family. In the state of Arizona you have to be married for at least a year before they will do your homestudy. We are very anxious t give a child or children a loving catholic home here in Phoenix. What would you suggest doing? What is the cost involved in adopting older children from Mexico? How long does it take? Is there a way that we can get a homestudy done sooner then to have to wait until next year? Any help would be appreciated. We have wonderul refrences.

[sak9645]

you do have to follow the laws of your state with regard to your homestudy. You might want to call around to some agencies to see if they know of any loopholes that would permit a couple to count their cohabiting years toward the length of marriage requirement, but if there are none, you will simply have to wait unless you move to another state.

Congratulations on being willing to adopt an older child. It is often hard to find homes for children over age three or so. Make sure, when you do have a homestudy, that the social worker helps to prepare you for the realities of parenting an older child who may have faced some adverse life experiences, such as abuse, neglect, extreme poverty, and/or life in an institution.

Many agencies will discount fees for adopting older and special needs children. Check around with reputable agencies.

I want to stress the words "reputable agencies" again. While it is always important to check out an agency carefully, it is especially important with Mexico. The legal system is complex and there are a lot of disreputable people offering to help you adopt. Too many families have lost both money and their dream of having a child when they have signed up with a disreputable provider, usually not a licensed non-profit agency, but rather a facilitator.

Remember that the agency must know both the laws and practices in the part of the country where a child is in care and the laws of the U.S. Immigration and Naturalization Service, regarding who can receive an adopion visa.

Sharon

[christyantunez]

My husband and I want to adopt from mexico but we do not know where to start, everything i have read says that only children 4yrs and up are avalible for people in other countries to adopt ..we are looking to adopt an infant boy..I also would like to know how do I start the INS paperwork? I have read that i need to have an approval before I can choose a child ..can you help me out ?

[DebCsMom]

My husband & I have close friends from Mexico. They are doing ALOT of work there in Mexico finding out all we need to do to adopt from there. We already have 5 children, 2 of whom were adopted Domestically. Our Homestudy is being updated now. Our friends have told us it is VERY easy to adopt from Mexico. I am reading so much that says otherwise. They insist it is easy. The Mother of our friend has been to the Orphanage we hope to adopt from & is "getting together" all the info we will need. We want to adopt a boy ages 2-6. Also a sibling set would be considered. I'm SO extremely confused!! Our domestic adoptions were both VERY fast & relatively easy. We are Caucasian & our adopted daughters are Biracial & African American. Once our Homestudy is complete, when do we do INS, (What is that by the way), & how long does it take? Our friends are telling us one thing & I'm reading another. We're very confused.
Debbi

[jclovers]

We have also 5 successful adoptions. One still in progress though. Immigration, Immigration, Immigration! get the idea. A boy from 2-6 years old is unrealistic!!!! A young sibling group very unrealistic. There are like only 60 adoptions from Mexico to USA a year. Most all are relative adoptions. Orphan status is real take it seriously. mexico does not like to adopt and will not adopt out a small child to an american. Maybe if you pay a lawyer like 24000-30000 dollars and grease some heavy palms. But very unrealistic. Mexico opens small children adoptions to mexican citizens first ( particularly from an orph.) we are in process of adopting a 11 year old girl from an orph. Our neighbors are adopting a 12 year old boy. No one in Mexico wants to adopt them. We do though. We are already the parents and going down for birth certs and Mexican passports next week. We have seen many hearts broken trying to adopt small children from Mexico. We still are only 1 third of the way there. Now we have more days of travel in Mexico. state and immigration are next. We started these adoptions over 1 year ago.

Small children who are Mexican are all over the Us waiting for adoption. We adopted two boys.

Just some food for thought.

also Pray Pray Pray. we needed God our father on each and everyone of these adoptions.

[Mama Candy]

Is there anyone that can really help Us adopt a child? SURE THERE IS!!! BUT.... Why are the fees so extranomical???????
Although Our hearts tell Us that this is the way to help agencies, our minds tell us that this is no more than "black market baby sales". Someone, Anyone, PLEASE..... Please help us!

[samuelcv]

“Is adoption from Mexico possible?”

I have received some 35 queries as to the difficulty of Mexican adoptions. Many with requests for our international adoption packet of information. Due to my December to January relocation to our office in Indiana, after residing for 7 years in Zapopan/Guadalajara, I have answered some and have yet to get to others. Yet a certain theme or thread permeates most of the inquiries. The general issue is whether an adoption of a Mexican child is possible and practical. To this I must answer that the possibility of the success in any LEGAL venture is only as good as the professionals you have representing you. I too have heard and seen and even assisted in the resolution of horror stories in pre-adoptive couples efforts to adopt a child from Mexico. Yes stories replete with bribes, incompetence, and of the outright corruption of the Mexican legal system. Starting with the Mexican Licenciado (lawyer) and going to the heart of the administrative process such as the courts, the welfare agency known as the DIF, and everywhere else one might imagine.

Yet even in this unseemingly human morass, there is a method to the madness. I have been directing legal matters between Mexico and the US for more than 7 years and have had much success. This is largely because having a US doctorate in law and being intimately familiar with Mexican law and processes assures us the proper methodology to accomplish the tasks. Given this educational background, I am able to direct my firm’s Mexican lawyers in a fashion where all factors are taken into consideration in our movement of the clients’ matter through the Mexican legal system. We are in fact a group of Mexican legal professionals and US with a common goal of service to the client. We are culturally sensitive to all aspects of the process and avoid the glaring and sometimes abrasive method of processing an adoption case in the method some adoption agencies and adoption lawyers do. In addition, since we maintain professionals in both countries who have an educational base in both legal systems there are no surprises. We started as business legal consultants and in the process have matured into the serious legal professionals that can and do handle all aspects of the Mexican legal process.

So in short are adoptions from Mexico possible? The answer is yes, but remember that in any LEGAL matter the most important choice that affects results is the professionals whom you use, and the accountability of those professionals. I hope this clarifies the question herein.

[samuelcv]

I apologize to the forum and the moderator over the last post. However whenever I see a post of how simple adoptions are made to appear, it is it often draws a spontaneous response from me. It is neither simple nor difficult. It is merely a "legal" action that is only as difficult to accomplish as your chosen professional is qualified to accomplish it! Good lawyers make for good results. Furthermore, it is hard to describe the “what” and “how” to do a Mexican Adoption when you are the professional doing it without sometimes crossing over into self-promotion. To avoid this here is the basic process of the HOW:

Mexican Adoption Facts

GENERAL: Mexican Law allows U.S. Citizens and other non-Mexicans to adopt Mexican children. U.S. Citizens who desire to adopt a Mexican child must adopt the child in Mexico in accordance with Mexican law. To qualify for adoption, the child must be an orphan, or abandoned. This is defined by statute and means the child must be orphaned, abandoned, or have one surviving parent who releases the child for adoption. Under Mexican law, foreigners may need permission from the Secretary of the Interior (Secretaria de Gobernacion) to adopt in some cases.

MEXICAN ADOPTION AUTHORITY: The governmental, state level welfare department involved is roughly translated into “Development of the Family" or "DIF” (Desarrollo Integral de la Familia). It is a government institution in each Mexican state dealing with family matters. It acts as the legal representative for abandoned children and provides foster care for abused or orphaned minors. Children who are abandoned or orphaned can be given up for adoption by the DIF. In cases of abandoned children, the local office of the Ministerio Publico, or Public Minister (roughly similar to a prosecutorial and administrative state entity (the investigatory arm of the courts) will be contacted regarding the circumstances of the child’s abandonment. The Ministerio Publico will initiate the appropriate investigation to determine the identity of the child. If there are no leads, an adoption of the child may be processed.

There is no central office (i.e. Mexican federal government) for adoptions. Every state has its own Procuraduria de la Defensa del Minor, which is a branch of the DIF.

The DIF is assigned responsibility to study each child's eligibility for adoption and arrange adoptions. The DIF determines whether a family would be suitable for a particular child by ensuring that a home study has been done. The DIF makes every effort to place children with relatives or Mexican citizens.

AGE AND CIVIL STATUS: Prospective adoptive parents may either be married or single, male or female. They must be over twenty-five years of age, possess good moral character, and demonstrate the means to care for the physical and educational needs of the child. The adoptive parents must be seventeen years older than the child. If the parents are married, however, only one parent must meet the age requirement. If the child is over fourteen years of age, he or she must consent to the adoption.

ADOPTION AGENCIES AND ATTORNEYS: Adoption in Mexico is governed by the civil codes of each of the 31 Mexican states. While there are general similarities among the states’ laws, actual practice may vary considerably from state to state and even from municipality to municipality. Our lawyers can operate in all States and before all agencies in Mexico.

DOCTORS: The Embassy and Consulates maintain lists of doctors and sources for medicine, should you or your child experience health problems while in Mexico

MEXICAN DOCUMENTARY REQUIREMENTS:

Certified copy of birth certificate or a U.S. Passport as proof of U.S. Citizenship.
Certified copy of marriage certificate, if applicable.
A statement from the employer of the parent who is the primary supporter of the family. It must indicate the position, years of service with the employer, and salary. It is also recommended to include a certified copy of the most recent income-tax form.
Copy of the most recent bank statement or other evidence of financial holdings as proof of financial solvency.
Two letters of recommendation from two people who can attest to the character of the adoptive parents.
A married couple should obtain letters from persons who have known them as a married couple. Each letter should include the address and telephone number of the person writing the letter.
Certificate from the state police from the parents’ home state (state of residence) in the U.S. Verifying that the adoptive parents have no police record.
A copy of a social, economic, and psychological study of the parents' home situation conducted by an agency of the state of the child's proposed residence, or an agency authorized by that state to conduct such a study, and or by an appropriate public or private adoption agency licensed in the United States. The adoptive parents should consult the office of the U.S. Health and Human Services Administration nearest their residence for referral to the competent body for this study.
One 3x3-inch color photograph of each parent.
Two 3x5-inch photographs of the parents in their home or in a family outing.

All documentation listed above must be notarized by a notary public at the place of origin of the document, translated into Spanish by an official translator of the Mexican Consulate nearest to the parents' place of residence in the United States, and certified by that Mexican Consulate. When all the documents have been assembled, they should be sent to the person or organization in Mexico acting as the adoption agent/representative for presentation to the Mexican court.

The Secretaria de Relaciones Exteriores, the "SRE" (the Mexican Foreign Ministry) requires that a Mexican passport be issued to the child in the child’s new name after the adoption proceedings are completed. Passports issued to a child prior to the final decree of adoption are not valid for travel purposes under the new identity of the child.

RESIDENCE REQUIREMENTS: Mexican adoption procedure includes a six-month trial period during which the child lives with the adoptive parents to assure mutual benefit. The adoption is not final until after this time, and the child cannot leave Mexico before it is complete. However, in the case of a foreign adoption, the trial period is usually waived at our request, at the judge's discretion. In the event of a waiver, the entire adoption process is shortened to approximately one year. Because of the large amount of paperwork, the adoptive parents should be prepared to spend at least ten working days in Mexico.

U.S. IMMIGRATION REQUIREMENTS
A Mexican child, even if adopted by an American citizen, must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16* and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Consulate General at Ciudad Juarez. American citizens who believe this category may apply to their adopted child should contact the U.S. Consulate General at Ciudad Juarez. For more information.

* A child adopted at age 16 or 17 will also qualify, provided he or she was adopted together with a natural sibling who was under age 16.

The adoptive or prospective adoptive parent must be an American citizen;
The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf;
If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
The child must be an orphan, as defined by U.S. Regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. Immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen.

The Department of State encourages Americans to determine if a particular child is an orphan according to U.S. Immigration law and regulations before proceeding with an adoption.

A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.immigration.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.
A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the American Consulate General in Ciudad Juarez.**

** If a married couple is adopting the child and only one of the parents will travel to Mexico, that parent must be an American citizen. And remember both parents must still sign the original I-600.

II. The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation (Form I-604 Report on Overseas Orphan Investigation) is performed by a consular officer at the time of the child’s immigrant visa interview.

Detailed information about filing these forms can be found on BCIS's web site at http://www.immigration.gov. Americans who have adopted or hope to adopt a child from Mexico should request, at the time they file these forms, that BCIS notify the U.S. Consulate General in Ciudad Juarez as soon as the form is approved. Upon receipt of such notification, the Consulate General will contact the parents and provide additional instructions on the immigration process. U.S. Consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from a BCIS office in the U.S.

Hope this helps. Any questions please send query to: samuelcv@naftaexecutives.com

[Mama Candy]

Thank you so very much for your reply and help with this matter.
Never did we imagine this would be so involved and costly.
However, you have answered our questions. We can move on to our next step.
Thank you,
Mama Candy & Papa JJ

[caballero]

I have two boys 2 and 18 years, have been married 19 years, We would love to adopt a girl. I am a US citizen and my husband is citizen of Mexico and US resident. Would the laws and process be a little eaiser since My husband is citizen of Mexico?