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Hi All,
My wife and I are trying to adopt our niece from her mother in Tijuana. The mother recently suffered the death of her oldest son, and it is a priority for everybody in the family to get her remaining 3 children into capable hands. The current dilemna we face is how to best carry out this process. The mother of the children is willing to sign custody of the daughter over to us. Do we adopt in Mx or in the US? Do we need a tourist visa for the little girl? She has not yet been registered with the state, so there is no birth certificate on file. My wife is a resident-alien from Mx, I am a US-born citizen. We're trying to find the quickest way possible to legally get the child here in the states so we can begin the healing process. We are currently waiting on an email from an atty we are contacting in Mx, but we're hoping for any other information we can gleam in the meantime. Anybody have any experience/familiarity with the laws in this arena?
[list]
[*]Mother is willing to sign over custody
[*]Adopting father is US citizen
[*]Adopting mother is mexican citizen, us resident alien
[*] Child has not been registered with the state yet
[/list]
Hola:
I am Mexican my husband American and Irish citizen. I am looking for the same information . If I find something I let you know. My father is a Lawyer in Guadalajara, Mexico and he is looking for and advice as I am looking to adopt from a birthmother and need to know procedures. Let me know if the attorney you working with did the job, as I am looking for one as well.
Thank you very much
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I would first go to the Civil Registry of the region where they live. In some states in Mexico they use to allow relatives to adopt a baby of a relative by having the mother sign the papers at the civil registry and then registering the birth in your name. Recently in the last few years that is changing, so it may not be true anymore, but I would have your wife ask or all of you including the birth mother go there and ask. Otherwise, you will have to get an attorney.
I have been trying to navigate this for some time as we are considering adopting a niece and newphew from Mexico.
US INS requirements are here: [url]http://uscis.gov/graphics/howdoi/fororphan.htm[/url]
From my understanding, the US side seems straightforward:
1. Get Homestudy (+-2mo/$1-3K)
2. Apply for 600A (time=??/$525)
3. Once child meets the INA's definition of "orphan," you must file USCIS Form I-600
4. Once everthing is approved, I think the child must enter through Juarez where, in most cases, they become US citizens at that time or soon thereafter.
While you are doing the above for the US government, you need to be be working on the legal adoption with the Mexican government. This is more complicated since adoptions are handled by DIF, which operate at the state level (process may change from state to state).
I have read that it can be quite difficult to adopt in Mexico because of various laws and requirements. For example, you need to live with the child for 2 years (in Mexico). They may be waived by the DIF in some occasions...perhaps being related can help.
Also, in some states (or perhaps all) the DIF has two kinds of adoption: "Plena" and "Simple." With the Plena, the adoption is final and irrevocable; with the Simple, there are possibilities in that the child and parent(s) can be reunited in the future. The Plena is only possible with children under 5 years old.
My dilemia is trying to understand if a "Simple" adoption would be doomed to conflict with the INS requirement at that the parent "has, in writing, irrevocably released the child for emigration and adoption."
In any case, I don't believe there is a quick way to do this. This is a process that will take months and perhaps even a year or more to complete.
Your first step is to calm yourself. The process you will need to follow is that of a civil adoption of the child involved. If the father is dead and the mother remains living and is willing to give up her parental rights, then adoption should not be that cumbersome. Remember you do have some grandmother and grandfather issues and or consents to also deal with, but generally they do not pose problems. The first step is to hire "good" lawyer in Mexico (remember the saying "as rare as hen's teeth"!).
Your then begin the administrative process of getting the blessing of the local state DIF (Mex. Welfare). The DIF is comprised of a state level department of child welfare agency and administration nexus. The DIF will review your standard adoption criteria (social and economic fitness, etc.) and provide both pre and post adoptive overview of the process. The attorney will handle the legal process of adoption (Mexican Adoptions are CLOSED procedures!!). Since your wife is a Mexican national she will enjoy preference in her adoption motives and needs. If handle properly (note keyword "properly") the process should be feasible and the results obtainable within 8-12 months.
Also both Simple and Plena adoptions are permanent and yes the residency requirement can and is almost always waived. As to supervision, normally the lenght will be between 6 months and one year with a report being required as followup. These can be done locally, in your state, by a private of public child welfare agency, with the prior approval of the pertinent DIF (and of course in translated form).
Good luck your motives are noble.
Samuelcv
Executive Associates
After reading more on this, wouldn't it be easier to have
1)the child come to the US (preferably on a tourist visa)
2)live with the potential adoptive parents for a while,
3) Adopt the child in the US courts (before age 16).
4) after living with the adoptive parents for 2 years, apply for change of status
Is this a viable alternative?
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It sounds and looks good on paper, but is a direct circumvention of the mexican national adoption laws. The child remains a mexican citizen and as such would not be subject to the jurisdiction both as being a minor and secondly since the appropraite governmental agencies have not provided prior approval. Additionally, US immigration may not be so keen on what is the improper use of both the tourist visa (could be fraudulent to apply for tourist visa with other intentions) and an endrun around the standard adoption proceeding and may in fact find the child ineligble due to the fact that the proper releases from the appropriate governmental agencies and the certificate of adoption from the DIF has not been obtained. This manner is not reccomendable. Better to build upon a proper foundation and not be in violation of Mexican law (trafficking in minors) and BCIS provisions (fraudlent use of a benefit etc...).
First of all, it is very hard to get a tourist visa, so that would be almost impossible.
But, on the other hand I know of cases in the US of children who are here illegally with their parents and are taken away because of one of the parents being abusive and are given in adoption. At this time, when an adoption is done in the US, questions are not asked if the child is a citizen or not. The lawyer that I asked about this said that the issue has not had a legal answer yet and most lawyers and judges don't bring this issue up. If an adoption is made I don't think that later when something comes up about it that they would reverse the adoption, unless one of the parents was not here or not informed of the adoption.
I'm not saying that you should get a tourist visa and do it, because I think it would be almost impossible for them to get a tourist visa.
I have responded to many posts regards very similar situations. The queries are fraught with emotional connotation and the desperation is easily seen. However the answers are always the same. The ONLY legal method for the adoption of Mexican children is through the DIF. Either in a DIF placement or through a private adoption with the DIF's concession and or permission to that adoption. Any effort at bringing in a child on a tourist visa is likely to be denied, is illegal for the underlying fraud in the rational and use of the tourist visa and the child will still be un-adoptable in a internationally legal sense (meaning the local judge might rule on the petition, however it is void ab inicio, or from it's inception). The proper method is a DIF sanctioned adoption, either "simple" or "plena", an approved I-600, the requisite home study and other related studies and once all is approved and the child enters a re-adoption in your home state. There is no other method and anyone who tells you otherwise should study law, both Mexican and US and should be very careful not to engage in a conspiracy to commit the act of illegal trafficking in minors. Mexico is very serious in their efforts to prosecute and extradite anyone who circumvents the process. In short do it right the first time and you avoid the heartache and penalties associated with the shortcuts other forums writers suggest.
Remember that the heart is a lousy compass as it guides with compassion in matters that should be driven by the law and common sense. I am sorry for being somewhat harsh, but it is the mis-handling of Mexican adoptions that gives rise to the horror stories and makes our firms job all the more difficult. Imagine every time we go into a DIF office for information and or assistance they always start with the horror stories of ғillegal or ԓinappropriate ex-patriation of Mexican national children. This is a hard stance to rebut when the information floating around out there is so misguided. Good luck and god bless you all who seek to help our nationals for as they say those who help the innocent are the most blessed of all.
Samuelcv
PS: Cases in where the DIF or ԓothers transfer ԓcustody by assignment of the birth certificate are committing illegal acts. That it is done, yes it is. But I doubt any of our readers have the ԓpalanca or clout to do it and get away with it for this is generally an old time practice or only occurs within the ranks of MexicoԒs elite.