[craven01]

Does anyone know whether you can adopt at child who has turned 18? I'm interested in adoption of a young girl who has a disability of needing dialysis. She's also recently had a baby who is now an american citizen she is Mexican. Any information would be appreciated.

[Max'smom]

Hi,
I don't know whether Mexican law allows you to adopt an adult. However even if they did, the US side would not allow you to bring an adopted child of this age into the country.You need to file such paperwork with USCIS before an adopted child reaches the age of 18.
MM

[sak9645]

First off, remember that any international adoption involves two separate issues -- adoption and immigration.

When an American seeks to adopt from another country, the adoption laws of the foreign country must be followed. Most countries have laws that indicate whether international adoption is permitted, and under what circumstances. Many countries set a maximum age for the child to be considered adoptable. As an example, China does not allow international adoption of a child after he/she has reached his/her 14th birthday, because of a belief that teenagers will have a hard time adjusting to adoption by foreign parents.

My familiarity with Mexican adoption law is very limited. As I understand it, one or both of the foreign prospective parents must be at least 17 years older than the child to be adopted, and any child over age 14 must give consent to the adoption. I do not know whether Mexico allows adoption once a person attains his/her majority, and is no longer considered a child.

You can find out Mexico's requirements by contacting the Desarrollo Integral de la Familia (DIF) in the Mexican state where the child you wish to adopt resides.

From the standpoint of immigration, however, you should know that the U.S. Immigration and Nationality Act does NOT allow an adoption visa (IR-3 or IR-4) to be issued to anyone who has reached his/her 16th birthday at the time the petition for a visa is filed. The only exception is made when a person is seeking to immigrate a child whose biological sibling he/she has already adopted and immigrated; in that case, a visa may be granted if the child has not yet reached his/her 18th birthday at the time the petition for a visa is filed.

In addition, you should also know that the Immigration and Nationality Act does not allow an adoption visa to be granted to any child who has been living with two parents. The Act allows giving adoption visas only to children who are considered "eligible orphans", and who have:

1. Been living with a single parent who cannot support them at a level considered normal in the foreign country.

2. Lost both parents to death.

3. Been abandoned, with unknown birthparents.

4. Been permanently removed from their birthparents by action of a legitimate court, for reasons such as abuse or neglect.

5. Been legally relinquished by their birthparents, who have not maintained contact with them for a significant period of time.

If you adopt a child overseas and that child does not qualify for an adoption visa to enter the U.S., there is only one other way to obtain an immigrant visa for him/her. Basically, it involves living overseas for two years with the child, and then seeking a regular dependent visa for him/her. This would create a problem in your case, since your purpose in adopting the young person is, I presume, to get medical care she cannot get in Mexico.

Since the young woman may not qualify for adoption and will almost certainly not qualify for an adoption visa, I would suggest that you explore other ways of getting her medical needs addressed.

As an example, you may be able to bring the young woman to the U.S. on a medical visa. You would have to show that her needs could not be met in her home country, and that you would be able to pay all costs associated with her stay in the U.S., including the costs of her medical care. Remember that, since she would not be your legal child, your insurance would most likely not pay for her care. She would probably be ineligible for public assistance, as well.

Another problem you will face is that a medical visa is NOT an immigrant visa; it would specify how long the young woman could stay in the U.S. At the end of her stay, she would have to return to Mexico. Since dialysis is usually a lifelong issue, unless a successful transplant occurs, I understand that this may not be an optimal solution.

My recommendation is that you consult a highly reputable American adoption/immigration attorney. He/she can confirm what I have said about the possibility of adoption. He/she can also help you explore other ways of bringing the young woman to the U.S., including, but not limited to the option of a medical visa.

Sharon