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Originally Posted By Linda Lach
Question: We would like to adopt a 17 year old Mexican boy (illegal alien). We are his legal gaurdians and we have begun the paper work for adoption but have gotten the idea that both his age and his residency status could be a problem. We live in Colorado.
1. Is his age a problem? 2. If we do adopt him will his legal status change? 3. Is there a legal alternative to adoption that would allow us to include
him on our health insurance and would allow him to stay in Colorado and attend college after high school? One person mentioned Long Term Legal Gaurdianship but I haven't been able to find anything out about this process.
Answer: Adopting the young man will not change his immigration status. Some courts will not even allow an adoption to take place at all, if it becomes clear that he is illegal. As his birth certificate will have to be provided to the court, it will be clear that he was born in Mexico. The court can then ask for proof of his legal residency, which you can't provide. You may end up with having him deported because of your attempt to adopt him.
His age is an issue in the sense that even if he were in Mexico, you could not adopt him and bring him into the country under the usual adoption provision, as that stops at 16. (And, he would have to be an orphan as that term is defined by the INS.) But, he will soon be an adult, and adult adoptions don't require the consent of birth parents, generally. So his age may be a benefit, in that sense.
You said that you are his legal guardians - is that not sufficient for your health insutrance company?
I suggest you contact an immigration lawyer where you are, and if he or she suggests it, then an adoption attorney. But at this point, I think immigration is more of an issue than adoption. Adoption will not solve his residency problem, and may cause more harm than good, by bringing him to the attention of the authorities.