[tc1964]

My husband and I have been supporting 3 children in a small village in the state of Durango Mexico for a few years. We heard about these children from a friend who is originally from there.The mother of the kids died during the infancy of the youngest... the older girl is 15, boy is 10 and youngest 6.The DIF has been called by the residents of the village because the dad is just incapable of caring for these kids. The father would allow me to adopt the children, so they could have an opportunity at a new life.Has anyone adopted this way? I do not need matched with a child nor do I need an agency, just info to get started in a legal and ethical way.I contacted an attorney in Mexico City and he could not understand that I am not related to these children...any advice would be greatly appreciated.

[cpolmom]

From what I have learned so far you have to go throught the local govering agency in Mexico that handles family matters. Because both the US and Mexico are now Hauge countries you need to find an accrediated agency or lawyer to work with. There is no way around this. There are many agencies now starting Mexico programs so you may want to call them and ask them questions. You can just do a search on the web. Another good site to go to is Country Specific Information for mexico.htm
this is the US goverment site specific to Mexico.
Cathie

[sak9645]

Both the U.S. and Mexico have ratified Hague Convention #33 on intercountry adoption, an international treaty designed to ensure that the rights of children, their birthparents, and adoptive families are respected.

Because the incidence of irregularities in private adoptions has been high, the Hague Convention prohibits such adoptions. All adoptions in which the sending and receiving countries have ratified the Convention must be conducted through Hague-accredited agencies and attorneys, and must comply with a fairly complex set of regulations.

Please go to the website of the U.S. State Department, which is the "Central Authority" for the U.S., under the Hague Convention, and view the list of accredited agencies and attorneys. Here is the web address: Accredited Agencies. These are the only organizations and individuals that Americans can use for adoptions from Hague countries.

Not all of the agencies and attorneys will work with Mexico, or will do "identified" adoptions, where the adoptive family already knows the child or children to be adopted. Identified adoptions are always problematic, because the foreign country may not consider the children adoptable, because the children may not qualify for admission to the U.S., and because there can be a suspicion that the prospective parents are paying money to the birth family to "buy" children, especially if they are currently a source of financial support to the birth family.

Still, if you find an agency or attorney that works in the Mexican state where the children reside, you "may" be able to complete an adoption. Be prepared, however, for extensive paperwork. Also be aware that some Mexican states may require you to live in the country for up to three months, prior to the finalization of an adoption.

The State Department website is also a good place to read about Hague requirements for Americans adopting from Mexico. Again, here is the web address: Country Specific Information for mexico.htm. This is the best place to learn about how to adopt from Mexico.

Sharon

[tc1964]

Thanks so much for all of the info...I have learned alot in the last few hours concerning this.I must clarify that I have never met these children, I happen to live in South Texas, so everytime someone is heading to the village I send clothes, toys, toiletries etc.I sometimes wire money to an aunt of my housekeeper for their school uniforms, supplies etc.This started because I felt so sorry for them.I have never paid the father anything, met him, nor spoken with him. He made a comment to someone that he wished the "American Lady" would take the children to live in her home.I just thought this was something I needed to do, it looks as if it might not be possible.Would it be possible to adopt them in Mexico?
Reside for awhile and then apply for citizenships?My concern is that they will just fall through the cracks and be lost forever, it would be a terrible waste.

Thanks so much.
Terri

[cpolmom]

I don't know if living in Mexico then adopting will work. According to the US laws you have to live there 2 years after the children are adopted. But if they are both Hauge countries I do not know if you can do anything different than work with an accrediated agency and the local Mexico agency. Even if you lived there you would have to go throught the local agency.
It is a complicated situation in Mexico.
Cathie

[DianeS]

Originally Posted by tc1964

Would it be possible to adopt them in Mexico?
Reside for awhile and then apply for citizenships?

Everything sak said still applies, as she was describing how to adopt the children in Mexico. There is definately no way to adopt them in the USA as long as they are Mexican citizens - the adoption would happen in the children's home country, and likely in their home state.

It used to be the case that if there were a child you could legally adopt according to the child's country's laws, but the child could not emmigrate to the USA because he didn't qualify as an orphan, you could live with the child in the child's country for 2 years, and then the child would qualify to emmigrate to the USA in spite of not having been an orphan before the adoption. But with the Hague regulations, I don't know if that is still an option or not.

But even if it is, it does not change the fact you would still need to follow the things sak said. The adoption would have to still follow all those rules, it's only immigration that might be affected, if that still works that way. (And that's two FULL years - 24 months - not some shorter or more reasonable time frame, of actually living in the child's country, with the child, acting as fulltime parent.)

[tc1964]

Thanks for all of the good information, I could have possibly found myself in a bad situation.I honestly thought it would be viewed more as a humanitarian situation.Unfortunately I know how this will end, the older girl will try to cross the border, and if successful, the other two will be basically all alone.I found out this morning that they have been thrown out of there home.We will continue to do what we have been doing and try to keep them in school and let the future work itself out...hopefully for the best.Many thanks, Terri

[iccsd]

I saw on the Gladney website that they will assist in adoptions in Mexico where the children are already identified. You may want to call them and see if they could be of assistance.

Good luck!!

[sak9645]

There is no reason why you can't try to adopt these children. Call some of the Hague accredited agencies and attorneys, explain the situation, and see whether they felt they could help you.

But do not expect the process to be quick. You would first need a homestudy in your state of residence, which could take 2-3 months. You would also need to seek USCIS approval, using the I-800A form, to bring an orphan to the U.S. That can take anywhere from a couple of weeks to a few months from the time that you send the USCIS a completed, approved homestudy report.

You would then have to submit the homestudy report, the USCIS clearance, and other paperwork -- known as a dossier -- to the Mexican authorities and get approval, and the state and federal authorities in Mexico don't work very quickly. You would then have to both complete the adoption in Mexico and get US approval for the immigration of the child to the U.S. In general, it would take at least a year to get the kids home.

With older children and sibling groups, and especially with older children in a difficult situation, some adoption agencies will reduce their adoption fees. However, you will still need to pay fees for your homestudy, your USCIS approval, any documents you need and the process of authentication required for submitting them to a foreign government, any in-Mexico fees, travel costs (and you may need multiple trips or a long trip), and U.S. Embassy/Consulate fees.

One thing you might do is to arrange for the children to go into foster care in Mexico, so they are not out on the streets. Then, you can either end your involvement and let someone else adopt them, or take the time to try to adopt them using the Hague process outlined previously. But you might want to check with a Hague-accredited agency whether doing so would jeopardize your ability to adopt the children.

Sharon

[tc1964]

The more info I gather the less hopeful it looks. My husband is an Army Colonel who was severley wounded in Iraq, what are our chances of passing the home study? He has a spinal cord injury and nerve damage.
Have others with medical issues been able to get through? We are retired and could dedicate full attention to the children, do any of those factors come into the decision making? As you can tell I am still trying to figure out a way.... thanks, terri

[devildogwife]

Originally Posted by tc1964

The more info I gather the less hopeful it looks. My husband is an Army Colonel who was severley wounded in Iraq, what are our chances of passing the home study? He has a spinal cord injury and nerve damage.
Have others with medical issues been able to get through? We are retired and could dedicate full attention to the children, do any of those factors come into the decision making? As you can tell I am still trying to figure out a way.... thanks, terri

Is your husband able to function despite his injuries? Health-wise with home studies, we had to have a physical and a doctor's note stating that we had a normal life expectancy. I had minor medical issues and was approved just fine for domestic. My mom was approved with nerve damage for Ukraine. I don't know the specifics of Mexico, but I think it's worth checking into.