INTERCOUNTRY ADOPTION


MEXICO



April 2008


Disclaimer:   The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption. 

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found at www.travel.state.gov on the Children and Family pages on intercounry adoption (insert link to the Hague Convention page).

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding.  It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only.  Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time.  This flyer reflects our current understanding of the law as of this date and is not legally authoritative.  Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.


THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Mexico is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and with which the Convention is in force for the United States .  


TRANSITION CASES:   Under U.S. law, an adoption case involving a Convention country already in process on April 1, 2008 when the Convention entered into force with respect to the U.S. did not/not change into a Hague case on that date. These transition cases will continue to be processed in accordance with the immigration regulations for orphan adoptions which were in effect at the time the case was filed, explained in the State Department Flyer “How Can Adopted Children Come to the United States”.

If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case.  The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee.  The filing date is stamped on the application or petition to show the time and date of actual receipt.   For further information on transition cases, please see the FAQs: Transition Cases and the Hague Adoption Convention.


PLEASE NOTE:  Prospective adoptive parents are advised to follow legal adoption procedures carefully.  The process for legally adopting a child in the Republic of Mexico is long and sometimes difficult.  Unscrupulous agents who obtain children outside the legal network sometimes approach couples.  Adoptive children who enter the U.S. without an immigrant visa may later encounter problems with U.S. citizenship, schools, Social Security, etc., and risk being deported back to the Republic of Mexico even if they have legal U.S. parents under Mexican law.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S. : Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to country’s orphans:

Fiscal Year

Number of Immigrant Visas Issued

FY 2007

               89

FY 2006

               70

FY 2005

               88

FY 2004

               89

FY 2003

               61

 

ADOPTION AUTHORITY IN MEXICO :  The State System for the Full Development of the Family (Desarrollo Integral de la Familia, or DIF) is a government institution in each Mexican state that handles family matters.  The DIF 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.  The DIF and the Mexican Foreign Relations are assigned responsibility to study each child’s eligibility for international 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 living in Mexico before placing children for inter-country adoption. 

A list of DIF offices and their contact information can be at: http://www.dif.gob.mx/directorio.htm.  Inquiries must be made in the Spanish language.  If written inquiries are in English they must be accompanied by a translation. 

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: Prospective adoptive parents may 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 prospective adoptive parents must be at least seventeen years older than the child.  If the prospective adoptive 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.

Note: While similar, each Mexican state does have its own civil code governing adoptions.  Therefore, it is important to check with each state, as the laws among states will vary. 


RESIDENCY REQUIREMENTS:  Mexican adoption procedures include a one to three week pre-adoption trial period during which the child lives with the prospective adoptive parents in Mexico .  The adoption is not final until this time, and the child cannot leave Mexico before it is complete.  Because of the large amount of paperwork in both the Mexican and U.S. processes, DIF suggests that the adoptive parents be prepared to spend at least three months in Mexico including the pre-adoption trial period.  


TIME FRAME:  The general time frame for adoptions in Mexico is from three to eight months, but varies from state to state.  Again, prospective adoptive parents should check with the state where the adoption will take place.


ADOPTION AGENCIES AND ATTORNEYS:  Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov .

Because Mexico is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website Brochure for Prospective Adoptive Parent(s) .  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department maintains a current list of accredited adoption service providers .  The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at www.hcch.net.


ADOPTION FEES IN MEXICO : DIF charges approximately $250.00 USD for adoption services but costs vary state-by-state.  Generally, the fees include all applicable taxes.  The DIF office also has its own lawyers and their services are also included in that same fee.  Using an attorney/agency for DIF adoptions is optional for the prospective adoptive parents. 

The U.S. Embassy in Mexico discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Mexico at risk.


ADOPTION PROCEDURES IN MEXICO:  Prospective adoptive parents should contact DIF in the state where the adoption will take place because procedures can vary by state.  The U.S. Embassy has provided the following as general information regarding adoptions procedures through DIF:

  • The prospective adoptive parents or the adoption agency sends the required documents to DIF. 
  • DIF reviews the documents.
  • DIF’s Technical Councils on Adoptions meets.
  • The prospective adoptive parents’ names are added to a waiting list.
  • DIF authorities meet to assign the minor to the prospective adoptive parents.
  • DIF sends a letter to the prospective adoptive parents or to the adoption agency, informing them that the application for adoption has been approved.  All possible information on the child is mailed to the prospective adoptive parents and, if the prospective adoptive parents agree with the child assigned, they send a letter to DIF instructing them to continue with the adoption process.
  • The prospective adoptive parents and DIF coordinate a meeting to introduce the child and the prospective adoptive parents.  Mexican adoption procedures include a one to three week pre-adoption trial period during which the child lives with the prospective adoptive parents in Mexico . 
  • Judicial proceedings occur in Mexico depending on the laws of the state.
  • The child is registered. 
  • The adoptive parents request a Mexican passport for the child.  Information about obtaining a Mexican passport is available at www.sre.gob/passports.

 

DOCUMENTS REQUIRED FOR ADOPTION IN MEXICO :  Prospective adoptive parents should have the following:

  • Certified copy of prospective adoptive parent’s 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 prospective parent who is the primary supporter of the family.  This statement must indicate the position, years of service with the employer, and salary;
  • Copy of the most recent bank statement or other evidence of financial holdings as proof of financial solvency;
  • Two letters of recommendation from 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 prospective adoptive parent’s state of residence in the U.S. verifying that the adoptive parents have no police record; The FBI fingerprint check for the I-600A fulfills this requirement.
  • A copy of a social, economic, and psychological study of the parent’s 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 home study conducted for the I-600A fulfills this requirement. 
  • One 3x3-inch color photograph of each prospective adoptive parent.
  • Two 3x5-inch photographs of the prospective adoptive parents in their home or on a family outing.

All documentation listed above must be apostilled by the Secretary of State of the U.S. state of origin of the document, translated into Spanish by an official translator of the Mexican Consulate nearest to the prospective adoptive parents’ place of residence in the United States .  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 Mexican Foreign Ministry, the Secretaría de Relaciones Exteriores (SRE), 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. In order to obtain information on how to obtain the child’s new passport, please visit the following web site www.sre.gob/passports.


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.


MEXICAN EMBASSY AND CONSULATES IN THE US   :

Embassy of Mexico
Consular Section
2827 16th Street, NW
 Washington, D.C. 20009-4260
Tel: (202) 736-1000

Mexico also has Consulates General in Atlanta, Chicago, Dallas, Denver, El Paso, Houston, Los Angeles, Miami, New Orleans, New York, San Antonio, San Diego, San Francisco, and Hato Rey, Puerto Rico.  Additional information about Mexican consulates in the United States is available at: www.sre.gob.mex.

 

U.S. IMMIGRATION REQUIREMENTS:  As of April 1, 2008, U.S. citizens wishing to adopt in a Convention country must begin the process by filing with the U.S. Citizenship and Immigration Services (USCIS) a form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country.  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, USCIS website to download forms and filing instructions

Parents who do not have an approved I-600A must file their Form I-600 (Petition to Classify Orphan as an Immediate Relative) with the USCIS office having jurisdiction over their place of residence in the United States . In general, a parent who has an approved I-600A may file Form I-600 either in the U.S. or at a USCIS office in the country where the immigrant visa will be issued.   If there is no USCIS office in that country, the I-600 may be filed with the consular section of the U.S. Embassy or Consulate where the adoption case is being processed.

U.S. Embassy/Consulates in mexico : Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

The American Embassy in Mexico City is located at:
Paseo de la Reforma 305
Colonia Cuauhtemoc
06500 Mexico , D.F.
Telephone:  011-52-55-50-80-2000.

The American Consulate General, Ciudad Juarez , where all immigrant visas for Mexican citizens are issued, is located at:

Avenida Lopez Mateos 924 N
Ciudad Juarez, Mexico
Telephone: 011-52-65-66-11-3000

 

APPLYING FOR A VISA FOR AN ADOPTED MEXICAN CHILD:  Prospective adoptive parents must file the form I-600 with the United States Citizenship and Immigration Services (USCIS) office in Mexico that has jurisdiction over the place where the adoption took place.  USCIS Tijuana handles the Mexican states of Baja California, Sinaloa and Sonora .  USCIS Ciudad Juarez handles Chihuahua and Durango .  USCIS Monterrey handles Coahuila, Nuevo León, Tamaulipas, San Luis Potosí, Zacatecas and Aguascalientes .  The rest of Mexico is handled by USCIS Mexico City.

All immigrant visas, including visas for adopted children, are processed at the U.S. Consulate General in Ciudad Juarez (just across the boarder from El Paso, Texas ). According to the 8 CFR (INA), all adoptions must be full and complete adoptions.  The full and complete adoption breaks the relationship between the biological parents and the child, and the child is registered with the last names of the adoptive parents. 

The Immigrant Visa is issued on the same day if the adoptive parents arrive at Consulate General Ciudad Juarez before 11:00 a.m.  Prospective adoptive parents do not need an appointment.

NOTE: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.  Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.


ACQUIRING U.S. CITIZENSHIP: Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.


ADDITIONAL INFORMATION:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov.
  • Country Specific Information - The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at travel.state.gov or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours.
  • USCIS web site