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− | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/mx-lgflag.gif|410x579px|thumb|'''The official flag of Mexico.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/mx-lgflag.gif|410x579px|thumb|'''The official flag.'''<BR/>Source: cia.gov.}} |
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− | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/mx-map.gif|410x579px|thumb|'''Map of Mexico.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/mx-map.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}} |
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− | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/noa/mx_large_locator.gif|410x579px|thumb|'''Map of Mexico.'''<BR/>Source: cia.gov.}} | + | {{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/noa/mx_large_locator.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}} |
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− | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/6/63/Catedral_Metropolitana_de_la_ciudad_de_M%C3%A9xico_1.JPG/800px-Catedral_Metropolitana_de_la_ciudad_de_M%C3%A9xico_1.JPG|410x579px|thumb|'''Mexico City Cathedral.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/6/63/Catedral_Metropolitana_de_la_ciudad_de_M%C3%A9xico_1.JPG/800px-Catedral_Metropolitana_de_la_ciudad_de_M%C3%A9xico_1.JPG|410x579px|thumb|'''[[Mexico]] City Cathedral.'''<BR/>Source: Wikipedia.org.}} |
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− | {{#eimage:https://farm4.staticflickr.com/3224/2605672790_2ee83af1ca.jpg|410x579px|thumb|'''Puebla, Mexico.'''<BR/>Source: flickr.com.}} | + | {{#eimage:https://farm4.staticflickr.com/3224/2605672790_2ee83af1ca.jpg|410x579px|thumb|'''Puebla.'''<BR/>Source: flickr.com.}} |
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− | {{#eimage:https://farm6.staticflickr.com/5517/11456621234_970b766fc4.jpg|410x579px|thumb|'''Maya children, Chiapas, Mexico.'''<BR/>Source: flickr.com.}} | + | {{#eimage:https://farm6.staticflickr.com/5517/11456621234_970b766fc4.jpg|410x579px|thumb|'''Maya children, Chiapas.'''<BR/>Source: flickr.com.}} |
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− | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/4/4d/El_Castillo_Stitch_2008_Edit_2.jpg/800px-El_Castillo_Stitch_2008_Edit_2.jpg|410x579px|thumb|'''Chichen Itza, Mexico.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/4/4d/El_Castillo_Stitch_2008_Edit_2.jpg/800px-El_Castillo_Stitch_2008_Edit_2.jpg|410x579px|thumb|'''Chichen Itza.'''<BR/>Source: Wikipedia.org.}} |
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− | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/e/e8/Cd._de_M%C3%A9xico_Collagek2.jpg/301px-Cd._de_M%C3%A9xico_Collagek2.jpg|410x579px|thumb|'''Collage of Mexico City.'''<BR/>Source: Wikipedia.org.}}
| + | {{#eimage:https://farm5.staticflickr.com/4030/4541328296_61b3607124.jpg|410x579px|thumb|''''''<BR/>Source: flickr.com.}} |
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− | {{#eimage:https://farm5.staticflickr.com/4030/4541328296_61b3607124.jpg|410x579px|thumb|'''Children in Mexico.'''<BR/>Source: flickr.com.}} | + | |
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| {{#eimage:https://farm5.staticflickr.com/4105/5062573765_52212c9d2b.jpg|410x579px|thumb|'''A young Mexican boy.'''<BR/>Source: flickr.com.}} | | {{#eimage:https://farm5.staticflickr.com/4105/5062573765_52212c9d2b.jpg|410x579px|thumb|'''A young Mexican boy.'''<BR/>Source: flickr.com.}} |
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− | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/f/f5/Baja_California_Desert.jpg/750px-Baja_California_Desert.jpg|410x579px|thumb|'''Baja [[California]] Dessert in Mexico.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/f/f5/Baja_California_Desert.jpg/750px-Baja_California_Desert.jpg|410x579px|thumb|'''Baja [[California]] Desert.'''<BR/>Source: Wikipedia.org.}} |
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− | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/9/91/Tarahumara.jpg/794px-Tarahumara.jpg|410x579px|thumb|'''Tarahumara women near Lake Arareco, Mexico.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/9/91/Tarahumara.jpg/794px-Tarahumara.jpg|410x579px|thumb|'''Tarahumara women near Lake Arareco.'''<BR/>Source: Wikipedia.org.}} |
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− | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/7d/Puerto_Vallarta_cathedral_1.jpg/427px-Puerto_Vallarta_cathedral_1.jpg|410x579px|thumb|'''Puerto Vallarta cathedral in Puerto Vallarta, Mexico.'''<BR/>Source: Wikipedia.org.}} | + | {{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/7d/Puerto_Vallarta_cathedral_1.jpg/427px-Puerto_Vallarta_cathedral_1.jpg|410x579px|thumb|'''Puerto Vallarta cathedral in Puerto Vallarta.'''<BR/>Source: Wikipedia.org.}} |
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− | {{#eimage:https://farm7.staticflickr.com/6068/6160817604_96dbcaa8e1.jpg|410x579px|thumb|'''A traditional Mexican folkdancer in Mexico.'''<BR/>Source: flickr.com.}} | + | {{#eimage:https://farm7.staticflickr.com/6068/6160817604_96dbcaa8e1.jpg|410x579px|thumb|'''A traditional Mexican folkdancer.'''<BR/>Source: flickr.com.}} |
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− | =Mexico Adoption Alert=
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− | <span style="color:red">'''Notice: Updated information on U.S.-based Hague Accredited [[Adoption]] Service Providers authorized by Mexican Central Authority (September 17, 2013)'''.
| + | '''Notice: As of July 14, 2014, all individuals and agencies facilitating [[international]] adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].''' |
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− | The Mexican Central Authority recently provided the U.S. Central Authority with official notification that, in August 2013, it granted authorization to provide [[adoption]] services in Mexico to six additional U.S. based Convention accredited [[adoption]] service providers. This action brings the total number of U.S. [[adoption]] service providers authorized in Mexico to twelve: | + | The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors. |
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− | # Carolina [[Adoption]] Services, Inc
| + | =About Mexico= |
− | # International Child Foundation
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− | # Across the World Adoptions
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− | # All God’s Children International
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− | # [[Adoption]] Related Services, Inc.
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− | # MLJ Adoptions, Inc.
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− | # International [[Adoption]] Net (August 2013)
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− | # The Open Door [[Adoption Agency]] (August 2013)
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− | # The Catholic Charities of the Archdiocese of Chicago (August 2013)
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− | # Hands Across the Water (August 2013)
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− | # Children’s House [[International Adoptions]] (August 2013)
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− | # CASI Foundation for Children (August 2013)
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| + | The site of several advanced Amerindian civilizations - including the Olmec, Toltec, Teotihuacan, Zapotec, Maya, and Aztec - [[Mexico]] was conquered and colonized by [[Spain]] in the early 16th century. Administered as the Viceroyalty of New [[Spain]] for three centuries, it achieved its independence early in the 19th century. To learn more please read [[About Mexico]]. |
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− | It is essential that U.S. citizens wishing to [[adopt]] in Mexico work with an [[Adoption Service Provider|adoption service provider]] that has current U.S. Hague accreditation or approval and is currently authorized by the Mexican Central Authority. Because Mexico periodically updates its list of authorized providers, we encourage prospective [[Adoptive Parents|adoptive parents]] to verify their [[Adoption Service Provider|adoption service provider]]’s authorization status with the Mexican Central Authority before initiating an [[adoption]]. The Mexican Central Authority publishes a list of [[adoption]] service providers authorized to provide [[adoption]] services in Mexico. In addition, our Mexico [[adoption]] information flyer includes contact information for the Mexican Central Authority along with information on the Mexican intercountry [[adoption]] process.
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| + | =Mexico Adoption Alert= |
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− | We publish updated information related to intercountry adoptions from Mexico as we receive it. If you have any further questions please write to us at adoptionUSCA@state.gov or call us at 1-888-407-4747.
| + | There have been multiple [[adoption]] alerts for [[Mexico]] over the years. To learn more please read the [[Mexico Adoption Alert]] page. |
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− | <span style="color:red">'''Notice: Updated information from the Mexican Central Authority regarding adoptions completed without first fulfilling all intercountry [[adoption]] processing steps. (August 26, 2013)'''
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− | The Mexican Central Authority (MCA) recently informed the Office of Children's Issues that it is unable to issue the required Convention Article 23 [[certification]] for any out-of-order adoptions, and that prospective [[Adoptive Parents|adoptive parents]] will need to redo such adoptions in accordance with Mexican law. The "How to [[Adopt]]" section of our Mexico [[adoption]] flyer, which will be updated soon, summarizes the process for adopting a child from Mexico.
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− | The MCA emphasized that ALL Convention [[adoption]] cases from Mexico must meet the following requirements:
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− | ::1. All prospective [[Adoptive Parents|adoptive parents]] must work with a U.S. accredited or approved [[Adoption Service Provider|adoption service provider]] (ASP) that is also authorized in Mexico. For up to date information on U.S. agencies authorized to provide [[adoption]] services in Mexico, prospective [[Adoptive Parents|adoptive parents]] may refer to the website of the national Desarollo Integral de la Familia (DIF).
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− | ::2. Before commencing [[adoption]] processing at the state level (and prior to [[matching]]), the authorized ASP acting on behalf of the prospective [[Adoptive Parents|adoptive parents]] must first file the [[adoption]] application (also known as [[dossier]]) with the Secretaria de Relaciones Exteriores (SRE). The SRE forwards the [[adoption]] application to the national and state offices of the DIF. The application must include an approved I-800A.
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− | ::3. Prospective [[Adoptive Parents|adoptive parents]] and the children who are to be [[adopted]] must meet the Mexican intercountry [[adoption]] eligibility requirements. These requirements, as provided by the MCA, are summarized on our Mexico [[adoption]] flyer under the "Who can be [[Adopted]]" and "Who can [[Adopt]]."
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− | The MCA advised that that if a family already completed an [[adoption]] without following all Convention steps in order, then the family may go to a Mexican federal court and petition the court for an amparo ordering the lower/state court that issued the [[Adoption Decree|adoption decree]] to open, or vacate, the [[adoption]].. Once the family has been granted a federal amparo ordering the lower/state court to vacate the previous [[adoption]], the family would redo the entire [[adoption]] in compliance with Mexico's Convention intercountry [[adoption]] process.
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− | Mexico's stated policy means that an I-800 petition based on an [[adoption]] completed out of order in Mexico must be denied pursuant to 8 CFR 204.309(b)(1). For some out-of-order Convention adoptions, the cited regulation allows for provisional approval of an I-800 if the petitioner can demonstrate that the [[adoption]] cannot be voided, vacated or annulled. With this announcement, provisional approval for out of order Mexican intercountry adoptions is unavailable because the MCA indicated that adoptions can be vacated, voided, or annulled in Mexico through a federal amparo process. Furthermore, the MCA has stated that it will not issue the required Convention Article 23 [[certification]] for cases that do not follow the Mexico's Convention process. Without the MCA's [[certification]], the U.S. Embassy cannot issue a Convention immigrant visa.
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− | We will publish additional updated information related to intercountry [[adoption]] in Mexico as we receive it. If you have any further questions please write to us at adoptionUSCA@state.gov or call us at 1-888-407-4747.
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| =Hague Convention Information= | | =Hague Convention Information= |
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− | '''WARNING:''' Mexico is party to the Hague [[Adoption]] Convention. Do not [[adopt]] or obtain [[Legal Custody|legal custody]] of a child in Mexico before a U.S. consular officer issues an “Article 5 Letter.” See the “How to [[Adopt]]” section for more information. | + | '''WARNING:''' [[Mexico]] is party to the Hague [[Adoption]] Convention. Do not [[adopt]] or obtain [[Legal Custody|legal custody]] of a child in [[Mexico]] before a U.S. consular officer issues an “Article 5 Letter.” See the “How to [[Adopt]]” section for more information. |
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− | Mexico is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]). Therefore, all adoptions between Mexico and the United States must meet the requirements of The Hague [[Adoption]] Convention and U.S. law and regulations implementing the Convention.
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− | The Mexican Central Authority is comprised of multiple entities including two federal authorities as well as an [[adoption]] authority in each of the 31 states. The two federal authorities are the Secretary of Exterior Relations, or Secretaria de Relaciones Exteriores (SRE), which issues key Hague [[Adoption]] Convention documentation including the Article 23 Certificate, and the National [[System]] for the Full Development of the Family, or Sistema Nacional para el Desarollo Integral de la Familia (DIF), which coordinates national policy for child and family welfare, including processing of domestic and intercountry [[adoption]] cases. Both of these entities are federal and are based in Mexico City.
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− | In addition to the two federal authorities named above, adoptions also involve one of the 31 state DIF offices, one in each Mexican state. The state DIF offices issue the Article 16 and Article 17 letters, important Hague [[Adoption]] Convention documentation. The civil code in each state may vary, so prospective [[Adoptive Parents|adoptive parents]] need to be aware of and abide by the applicable laws of the state from which they plan to [[adopt]]. Though state and regional DIF offices play an important role in intercountry [[adoption]] cases, all intercountry adoptions must be processed in coordination with the federal DIF office and the SRE, which are the entities with the authority to certify Hague Convention compliance for intercountry adoptions.
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− | Propective [[Adoptive Parents|adoptive parents]] must submit their [[adoption]] application to the SRE through a U.S. based [[Adoption Service Provider|adoption service provider]] (ASP) that is both Hague Accredited in the U.S. AND approved to provide services in Mexico by the Mexican Central Authority. Mexico recently implemented a national authorization process for [[adoption]] service providers. Mexican state DIF offices may choose to accept national authorization of an ASP or may choose to implement their own authorization process for ASPs. However, working with an [[Adoption Service Provider|adoption service provider]] that has received only state authorization (and not national authorization) may cause the case to go through an end of process verification at the federal level. This could delay the [[adoption]] and possibly result in the Mexican Central [[Adoption]]'s refusal to issue Hague certifications that are required for visa issuance. Prospective [[Adoptive Parents|adoptive parents]] should take care to ensure that the ASP they choose to work with is both on the U.S. list of Hague accredited ASPs, as well as being authorized to provide services by both state and federal [[adoption]] authorities in Mexico.
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| + | [[Mexico]] is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]). To learn more please read about [[Mexico and the Hague Convention]]. |
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− | Prospective [[Adoptive Parents|adoptive parents]] who are dual Mexican and U.S. nationals are cautioned that only plenary or plena adoptions are considered valid for intercountry [[adoption]]. The Mexican legal framework provides for two [[adoption]] processes: simple (simple) [[adoption]] and plenary (plena) [[adoption]]. Under Mexican law, Mexican nationals and permanent residents of Mexico may complete a simple [[adoption]], which involves a faster and simpler legal process than the longer and sometimes more difficult plena process. However, simple adoptions do not meet the requirements of the Hague [[Adoption]] Convention. It is only possible to issue a U.S. Hague [[adoption]] visa to children [[adopted]] via a plena [[adoption]]. '''The plena [[Adoption Decree|adoption decree]] must mention that the dual national parents reside in the United States, and must clearly indicate that the [[adoption]] is an intercountry [[adoption]].'''
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| =Who Can Adopt= | | =Who Can Adopt= |
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− | [[Adoption]] between the United States and Mexico is governed by the Hague [[Adoption]] Convention. Therefore, to [[adopt]] from Mexico, you must first be found eligible to [[adopt]] by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more. | + | [[Adoption]] between the United States and [[Mexico]] is governed by the Hague [[Adoption]] Convention. Therefore, to [[adopt]] from [[Mexico]], you must first be found eligible to [[adopt]] by the U.S. Government. To learn more please read about [[Who Can Adopt from Mexico]]. |
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− | In addition to these U.S. requirements for prospective [[Adoptive Parents|adoptive parents]], Mexico also has the following eligibility requirements for prospective [[Adoptive Parents|adoptive parents]]:
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− | ==Residency==
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− | Mexican [[adoption]] procedures include a one to three week pre-[[adoption]] trial period, during which the child lives with the prospective [[Adoptive Parent|adoptive parent]](s) in Mexico. Because of the large amount of paperwork in both the Mexican and American processes, the DIF suggests that [[Adoptive Parents|adoptive parents]] be prepared to spend at least three months in Mexico including the pre-[[adoption]] trial period.
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− | ==Age of Adopting Parents==
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− | Prospective [[Adoptive Parents|adoptive parents]] must be over 25 years of age and at least 17 years older than the child. If married, only one parent must meet the age requirement.
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− | ==Marriage==
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− | Prospective [[Adoptive Parents|adoptive parents]] may be married or single, male or female.
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− | ==Income==
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− | Prospective [[Adoptive Parents|adoptive parents]] must demonstrate the means to support the physical and educational needs of the child.
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− | ==Other==
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− | 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.
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| =Who Can Be Adopted= | | =Who Can Be Adopted= |
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− | Because Mexico is party to the Hague [[Adoption]] Convention, children from Mexico must meet the requirements of the Convention in order to be eligible for [[adoption]]. For example, the Convention requires that Mexico attempt to place a child with a family in-country before determining that a child is eligible for intercountry [[adoption]]. In addition to Mexico's requirements, a child must meet the definition of a Convention [[adoptee]] in order to enter the United States to reside. | + | Because [[Mexico]] is party to the Hague [[Adoption]] Convention, children from [[Mexico]] must meet the requirements of the Convention in order to be eligible for [[adoption]]. To learn more please read about [[Who Can Be Adopted from Mexico]]. |
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− | The Mexican Central Authority has informed the U.S. Department of State that Mexican children who meet any of the following conditions are eligible for placement through The Hague Convention Intercountry [[Adoption]] process:
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− | # Children five years and older
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− | # Children with a physical or mental disability
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− | # Children who suffer from a disease that is costly to treat
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− | # Sibling groups. (Children under 5 years of age may be [[adopted]] if siblings older than five are also being [[adopted]].)
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− | The process for legally adopting a child in the Republic of Mexico is long, involves multiple entities, and may be characterized by uncertainty and delay. Prospective [[Adoptive Parents|adoptive parents]] are cautioned that uninformed or unscrupulous agents sometimes approach couples to complete an [[adoption]] outside of the legal framework described here. However, the Hague process must be followed precisely and in the correct order for an [[adopted]] child to be issued a Hague Convention [[Adoption]] Visa. Adoptive children who enter the United States without an immigrant visa may later encounter problems with obtaining legal residence and U.S. citizenship, enrollment in school and social security, etc., and also risk being deported to Mexico after reaching their 18th birthday, even if they have legal U.S.citizen parents under Mexican law.
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| =How to Adopt= | | =How to Adopt= |
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| '''Mexican Central Authority''' | | '''Mexican Central Authority''' |
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− | The Mexican Central Authority for Adoptions is the Secretary for Exterior Relations, or the Secretaria de Relaciones Exteriores (SRE). The SRE is responsible for policy and issues key documentation certifying Hague compliance, including the Article 23 Certificate that the [[adoption]] or grant of [[custody]] occurred in compliance with the Convention. The SRE implements the Hague Convention through the National [[System]] for the Full Development of the Family, or the Sistema Nacional de Desarollo Integral de la Familia (DIF). The DIF is a public institution in Mexico in charge of implementing national [[policies]] on all matters pertaining to the family, and the implementation of domestic and intercountry adoptions resides in their purview, along with final execution of adoptions through the legal [[system]]. | + | The Mexican Central Authority for Adoptions is the Secretary for Exterior Relations, or the Secretaria de Relaciones Exteriores (SRE). The SRE is responsible for policy and issues key documentation certifying Hague compliance, including the Article 23 Certificate that the [[adoption]] or grant of [[custody]] occurred in compliance with the Convention. The SRE implements the Hague Convention through the National [[System]] for the Full Development of the Family, or the Sistema Nacional de Desarollo Integral de la Familia (DIF). The DIF is a public institution in [[Mexico]] in charge of implementing national [[policies]] on all matters pertaining to the family, and the implementation of [[domestic]] and intercountry adoptions resides in their purview, along with final execution of adoptions through the legal [[system]]. |
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| ==The Process== | | ==The Process== |
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− | Because Mexico is party to the Hague [[Adoption]] Convention, adopting from Mexico must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention [[adoption]] process is given below. You must complete these steps in the following order to meet all necessary legal requirements for [[adoption]]. | + | Because [[Mexico]] is party to the Hague [[Adoption]] Convention, adopting from [[Mexico]] must follow a specific process designed to meet the Convention's requirements. A brief summary of the Convention [[adoption]] process is given below. You must complete these steps in the following order to meet all necessary legal requirements for [[adoption]]. |
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− | NOTE: If you filed your [[I-600A]] with Mexico before April 1, 2008, the Hague [[Adoption]] Convention may not apply to your [[adoption]]; it could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. | + | NOTE: If you filed your [[I-600A]] with [[Mexico]] before April 1, 2008, the Hague [[Adoption]] Convention may not apply to your [[adoption]]; it could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. |
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| # Be Matched with a Child | | # Be Matched with a Child |
| # Apply for the Child to be Found Eligible for [[Adoption]] | | # Apply for the Child to be Found Eligible for [[Adoption]] |
− | # [[Adopt]] the Child in Mexico | + | # [[Adopt]] the Child in [[Mexico]] |
| # Bring your Child Home | | # Bring your Child Home |
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| + | To learn more about this process please read [[How to Adopt from Mexico]]. |
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− | '''1. Choose an Accredited [[Adoption Service Provider]]:'''
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− | The first step in adopting a child from Mexico is to select an [http://adoption.state.gov/adoption_process/how_to_adopt/agencies.php accredited or approved [[Adoption Service Provider|adoption service provider]]] in the United States. Only these agencies and attorneys can provide [[adoption]] services between the United States and Mexico.
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− | In addition, the [[Adoption Service Provider|adoption service provider]] MUST ALSO is approved by the Mexican Central Authority. The Mexican Central Authority evaluates [[adoption]] service providers for approval to provide services in Mexico. In order to obtain up to date information regarding which U.S. [[adoption]] service providers are authorized by the Mexican Central Authority to provide services in Mexico, prospective [[Adoptive Parents|adoptive parents]] should consult with the national DIF in Mexico City (Sistema Nacional Para El Desarrollo Integral de la Familia (DIF). In addition, prospective [[Adoptive Parents|adoptive parents]] may also wish to consult with the DIF in the state where the [[adoption]] will take place because procedures can vary by state.
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− | '''2. Apply to be Found Eligible to [[Adopt]]:'''
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− | After you choose an accredited [[Adoption Service Provider|adoption service provider]], the next step is to apply to be found eligible to [[adopt]] (Form I-800A) by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Read more about [http://adoption.state.gov/adoption_process/who_can_adopt/eligibility.php Eligibility Requirements].
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− | Once the U.S. Government determines that you are “eligible” and “suitable” to [[adopt]], your [[Adoption Service Provider|adoption service provider]] will forward your information to the Central Authority in Mexico. The DIF's Technical Council on Adoptions will convene to review your application and determine whether you are also eligible to [[adopt]] under Mexican law. If approved, your name will be added to a waiting list of prospective [[Adoptive Parents|adoptive parents]] maintained by DIF.
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− | '''3. Be Matched with a Child:'''
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− | If both the United States and Mexico determine that you are eligible to [[adopt]], and a child is available for intercountry [[adoption]], the DIF may provide you with a referral for a child. DIF is the legal representative for abandoned children and provider of [[Foster Care|foster care]] for abused or orphaned minors. Though the regional or state DIF will likely play a role in the [[matching]] process, the referral must be approved by the national DIF office. Please note that the DIF matches eligible prospective [[Adoptive Parents|adoptive parents]] with children who are on its list of children who are legally available for [[adoption]], in accordance with relevant Mexican child welfare laws. Prospective [[Adoptive Parents|adoptive parents]] decide at this point whether or not they will be able to meet the needs of the child referred to them by the DIF, and whether they will provide a permanent family placement for the referred child.
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− | When you receive a referral from DIF, it will arrive in the form of a letter directly to you or to your [[Adoption Service Provider|adoption service provider]], informing you that the application for [[adoption]] has been approved. The DIF will provide prospective [[Adoptive Parents|adoptive parents]] the social and medical background on the child at this time. If you agree to [[adopt]] the child, send a letter to DIF instructing them to continue with the [[adoption]] process. At this point, DIF will coordinate a meeting to introduce the child to the prospective [[Adoptive Parent|adoptive parent]](s).
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− | '''4. Apply for the Child to be Found Eligible for [[Adoption]]:'''
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− | After you accept a match with a child, you will apply to the USCIS for provisional approval of a petition to immigrate a child through [[adoption]] (Form I-800). Form I-800, like Form I-800A, must be submitted in the United States. However, USCIS regional offices in Mexico handle cases in particular states: USCIS Tijuana handles the Mexican states of Baja [[California]], Sinaloa and Sonora. USCIS Ciudad Juárez andes Chihuahua and Durango. USCIS Monterrey andes Coahuila, Nuevo León, Tamaulipas, San Luis Potosí, Zacatecas and Aguascalientes. The rest of Mexico is handled by USCIS Mexico City. After the I-800 is provisionally approved by USCIS, the entire case file is transferred to the U.S. Embassy via the U.S. Department of State's National Visa Center, which immediately forwards the case file to the U.S. Embassy. Upon receipt of the file the Embassy makes contact with your [[Adoption Service Provider|adoption service provider]] to arrange for submission of a visa application. The Embassy will ask for an immigrant visa application form known as the DS 260 Parts I and II, an original or certified birth certificate for the child, photos of the child and, if practicable, a medical exam conducted by a panel physician, Once the Consular Officer receives the visa application, the officer reviews the child's information and evaluates the case and the application for compliance with the Hague Convention and for possible visa ineligibilities. If the Consular Officer determines that the child appears eligible to immigrate to the United States, he or she will notify the SRE and DIF of this initial determination in a letter known as the Article 5 letter. When the State DIF office receives the Article 5 letter from the Embassy, it will issue a letter known as the Article 17 letter to the prospective [[Adoptive Parent|adoptive parent]](s) and the [[Adoption Service Provider]]. The Article 17 letter notifies the prospective [[Adoptive Parents|adoptive parents]] that they may proceed with the [[adoption]]. For Convention country adoptions, prospective [[Adoptive Parent|adoptive parent]](s) may not proceed with the [[adoption]] or obtain [[custody]] for the purpose of [[adoption]] until both the Article 5 and Article 17 letters have been issued. Initiating the [[adoption]] process prior to issuance of the Article 5 and Article 17 letters will jeopardize the Hague [[adoption]] process.
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− | '''''REMEMBER: The Consular Officer will make a final decision about the immigrant visa later in the [[adoption]] process.'''''
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− | Prior to the [[adoption]] proceeding any further, the prospective [[Adoptive Parent|adoptive parent]](s) will be required to reside in Mexico with the child for a one to three week pre-[[adoption]] trial period. The DIF suggests that [[Adoptive Parents|adoptive parents]] be prepared to spend at least three months in Mexico to complete an [[adoption]], including this pre-[[adoption]] trial period.
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− | '''5. [[Adopt]] the Child (or Gain [[Legal Custody]]) in Mexico:'''
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− | '''''REMEMBER: Before you [[adopt]] (or gain [[Legal Custody|legal custody]] of) a child in Mexico, you must have completed the above four steps. Only after completing these steps can you proceed to finalize the [[adoption]], or grant of [[custody]] for the purposes of [[adoption]], in Mexico.'''''
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− | The process for finalizing the [[adoption]] (or gaining [[Legal Custody|legal custody]]) in Mexico generally includes the following:
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− | *'''ROLE OF THE CENTRAL AUTHORITY:''' The SRE is the competent authority that certifies that an [[adoption]] or grant of [[custody]] has occurred in accordance with the Convention by issuing an Article 23 certificate or equivalent grant of [[custody]]. The SRE implements the Hague Convention through the DIF. The DIF is a Mexican government institution with branches in each Mexican state to handle family matters. The DIF acts as the legal representative for abandoned children and provides [[Foster Care|foster care]] for abused or orphaned minors. Children who are abandoned or orphaned can be given up for [[adoption]] by the DIF. The DIF is assigned the 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|home study]] has been done. Prospective [[Adoptive Parents|adoptive parents]] interested in adopting in Mexico should note that the DIF makes every effort to place children with relatives or Mexican citizens living in Mexico before making intercountry placements.
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− | *'''ROLE OF THE COURT:''' Judicial proceedings occur in Mexico depending on the laws of the state.
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− | *'''ROLE OF [[Adoption Agencies|ADOPTION AGENCIES]]:''' Because Mexico is a Convention country, [[adoption]] services must be provided by a Hague-accredited agency, approved person, supervised provider, or exempted provider. [http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=mexico_4 Learn more] [[Adoption]] service providers must also be authorized to provide [[adoption]] services by [http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=mexico_4 Mexican authorities].
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− | *'''TIME FRAME:''' The general time frame for processing a Mexico [[adoption]] after the Article 5 letter has been issued by the U.S. Embassy and issued to the Mexican Central Authority signaling that the Hague [[adoption]] may proceed ranges from three to eight months, but varies from state to state. Again, prospective [[Adoptive Parents|adoptive parents]] should check with the state where the [[adoption]] will take place.
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− | *'''[[Adoption|ADOPTION]] APPLICATION:''' The application should be filed with the SRE by the [[Adoption Service Provider|adoption service provider]]. Prospective [[Adoptive Parents|adoptive parents]] who are dual Mexican and U.S. nationals are cautioned that only plenary or plena adoptions are considered valid for intercountry adoptions. Simple adoptions do not meet the requirements of the Hague Convention on Intercountry [[Adoption]] and it is not possible to issue a U.S. Hague [[adoption]] visa in cases for which simple [[adoption]] has been issued.
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− | *'''[[Adoption|ADOPTION]] FEES:''' The DIF charges approximately $250 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 the fee. Using an attorney for DIF adoptions is optional for the prospective [[Adoptive Parent|adoptive parent]](s). These expenses should have been itemized in the fees and estimated expenses section of your [[adoption]] services contract.
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− | *'''DOCUMENTS REQUIRED:''' Mexican authorities have informed us families must provide the following documents in order to [[adopt]] in Mexico:
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− | ::::1. Certified copy of prospective [[Adoptive Parent|adoptive parent]]'s birth certificate or a U.S. passport as proof of U.S. citizenship;
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− | ::::2. Certified copy of marriage certificate, if applicable;
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− | ::::3. 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;
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− | ::::4. Copy of the most recent bank statement or other evidence of financial holdings as proof of financial solvency;
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− | ::::5. Two letters of recommendation from people who can attest to the character of the [[Adoptive Parents|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;
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− | ::::6. Certificate from the state police from the prospective [[Adoptive Parent|adoptive parent]]'s state of residence in the U.S. verifying that the [[Adoptive Parents|adoptive parents]] have no police record. The FBI fingerprint check for the I-800A fulfills this requirement;
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− | ::::7. 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 [[Adoption Service Provider|adoption service provider]] authorized by that state to conduct such a study, and or by an appropriate public or private [[Adoption Service Provider|adoption service provider]] accredited or approved in the United States. The [[Home Study|home study]] conducted for the I-800A fulfills this requirement;
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− | ::::8. One 3x3-inch color photograph of each prospective [[Adoptive Parent|adoptive parent]]; and
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− | ::::9. Two 3x5-inch photographs of the prospective [[Adoptive Parent|adoptive parent]](s) in the 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 Parent|adoptive parent]]'s(s') 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.
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− | '''NOTE:''' Additional documents may be requested. You may be asked to provide proof that a document from the United States is authentic, read more on Traveling Abroad to learn about [http://travel.state.gov/content/passports/english/go/checklist.html Authenticating U.S. Documents].
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− | '''6. Bring Your Child Home'''
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− | Now that your [[adoption]] is complete (or you have obtained [[Legal Custody|legal custody]] of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents for your child before he or she can travel to the United States:
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− | ::1. Birth Certificate
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− | You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate. At the same time, the child should be registered under his or her new name with the Mexican authorities.
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− | ::2. Mexican Passport
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− | Your child is not yet a U.S. citizen, so he or she will need a travel document or passport from Mexico to enter the United States. 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|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 this [http://www.sre.gob.mx/en website].
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− | ::3. U.S. Immigrant Visa
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− | After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the Department of State for your child. After the [[adoption]] (or [[custody]] for purpose of [[adoption]]) is granted, visit the U.S. Embassy in Mexico City for final review and approval of the child's I-800 petition and to obtain an immigrant visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the Panel Physician's medical report on the child if it was not provided during the provisional approval stage. Read more about [http://adoption.state.gov/adoption_process/how_to_adopt/health.php Health Consideration].
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− | Immigrant visas for [[adopted]] children are processed at the U.S. Embassy in Mexico City. Issuance of the immigrant visa normally takes at least one full day from the visa interview. Prospective [[Adoptive Parents|adoptive parents]] will be notified of the time and date of their visa interview via correspondence from the Department of State's National Visa Center. Learn more about what to bring to the [http://mexico.usembassy.gov/visas/immigrant-visas.html immigrant visa interview].
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− | '''NOTE:''' Visa issuance after the final interview generally takes at least 24 hours. It will not normally be possible to provide the visa to [[Adoptive Parents|adoptive parents]] on the day of the interview. [[Adoptive Parents|Adoptive parents]] should verify current processing times at the U.S. Embassy in Mexico City before making final travel arrangements.
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− | '''CAUTION: DOMESTIC OR “NATIONAL” MEXICAN ADOPTIONS AND DUAL NATIONALS AND LONG TERM RESIDENTS OF MEXICO'''
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− | Some U.S. citizens who meet eligibility requirements under Mexican law may be permitted by Mexican authorities to proceed with a domestic or “national” [[adoption]], which is different from a Hague Convention intercountry [[adoption]]. Dual national families may be under the impression that a [[Domestic Adoption|domestic adoption]] process may be a faster option for [[adoption]].
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− | U.S. Citizens wishing to immigrate their [[adopted]] child to the U.S. upon completion of the [[adoption]] should NOT [[adopt]] according to a [[Domestic Adoption|domestic adoption]] process. U.S. Citizens who are dual nationals should take care to make clear in all aspects of their [[adoption]] application to Mexican authorities of their intention to immigrate their Mexican [[adopted]] child to their home/address in the U.S. after the [[adoption]] is completed so that Mexican authorities process the [[adoption]] as an intercountry [[adoption]] and NOT as a [[Domestic Adoption|domestic adoption]]. The [[adoption]] application and all related documents must clearly indicate that the [[adoption]] is an intercountry [[adoption]].
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− | '''A child [[adopted]] under a domestic Mexican [[adoption]] process is not immediately eligible to travel to the U.S. The Mexican Central Authority has both stated and demonstrated that it will not issue the required Article 23 Hague [[certification]] for adoptions completed as domestic adoptions. If you have already completed a domestic Mexican [[adoption]] after April 1, 2008, your [[adopted]] child may qualify for an IR-2 visa, which requires that the [[Adoptive Parents|adoptive parents]] fulfill two years of legal and physical [[custody]] of the child outside of the United States before filing the immigrant visa petition. This physical cohabitation must occur outside of the United States. To pursue this avenue, you must first file an I-130 immigrant visa petition with the Department of Homeland Security, [http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents USCIS].'''
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− | If your [[adoption]] in Mexico is already finalized, but you did not start the process with an [[I-600A]] filed before April 1, 2008, which has been extended and is still valid, you have not met the requirements necessary to obtain an [[adoption]] visa under either pre-Hague [[adoption]] visa processing or Hague Convention [[adoption]] visa processing. However, the IR-2 visa remains a path to bring your [[adopted]] child to the United States.
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− | Please visit the Department of State's [http://travel.state.gov/visa/immigrants/types/types_1310.html website] for more information regarding IR-2 visas.
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− | '''Child Citizenship Act'''
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− | '''''For adoptions finalized abroad:''''' The Child Citizenship Act of 2000 allows your child to acquire American citizenship when he or she enters the United States as lawful permanent residents.
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− | '''''For adoptions to be finalized in the United States:''''' The Child Citizenship Act of 2000 allows your child to typically acquire American citizenship when the U.S. state court issues the final [[Adoption Decree|adoption decree]]. We urge your family to finalize the [[adoption]] in a U.S. State court as quickly as possible.
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− | '''''Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.'''''
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− | Read more about the [http://adoption.state.gov/adoption_process/faqs/child_citizenship_act_of_2000.php Child Citizenship Act of 2000].
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| =Traveling Abroad= | | =Traveling Abroad= |
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| '''Applying for Your U.S. Passport''' | | '''Applying for Your U.S. Passport''' |
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− | A valid U.S. passport is required to enter and leave Mexico. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The [https://pptform.state.gov/ Passport Application Wizard] will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print-all in one place. | + | A valid U.S. passport is required to enter and leave [[Mexico]]. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. To learn more please read about [[Traveling Abroad in Mexico]]. |
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− | '''Obtaining Your Visa'''
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− | In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Mexico, see the Department of State's [http://travel.state.gov/content/passports/english/country.html Country Specific Information].
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− | '''Staying Safe on Your Trip'''
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− | Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start. The Department of State provides [http://travel.state.gov/content/passports/english/country.html Country Specific Information] for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
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− | '''Staying in Touch on Your Trip'''
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− | When traveling during the [[adoption]] process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in Mexico, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.
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| =After Adoption= | | =After Adoption= |
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− | '''What does Mexico require of the [[Adoptive Parents|adoptive parents]] after the [[adoption]]?''' | + | '''What does [[Mexico]] require of the [[Adoptive Parents|adoptive parents]] after the [[adoption]]?''' |
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− | We strongly urge you to comply with the wishes of Mexico and complete all post-[[adoption]] requirements in a timely manner. Your [[Adoption Agency|adoption agency]] may be able to help you with this process. Your cooperation will contribute to Mexico's history of positive experiences with American parents. | + | We strongly urge you to comply with the wishes of [[Mexico]] and complete all post-[[adoption]] requirements in a timely manner. Your [[Adoption Agency|adoption agency]] may be able to help you with this process. Your cooperation will contribute to [[Mexico]]'s history of positive experiences with American parents. |
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− | ==Contact Information==
| + | =Contact Information= |
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− | '''U.S. Embassy in Mexico''' | + | '''U.S. Embassy in [[Mexico]]''' |
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| Paseo de la Reforma 305 | | Paseo de la Reforma 305 |
| Colonia Cuauhtémoc | | Colonia Cuauhtémoc |
− | 06500 Mexico, D.F. | + | 06500 [[Mexico]], D.F. |
| Tel: 011-52-55-50-80-2000. | | Tel: 011-52-55-50-80-2000. |
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| '''Sistema Nacional Para El Desarrollo Integral de la Familia (DIF)''' | | '''Sistema Nacional Para El Desarrollo Integral de la Familia (DIF)''' |
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− | Website: [http://dif.sip.gob.mx DIF]
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− | '''Embassy of Mexico''' | + | '''Embassy of [[Mexico]]''' |
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| Consular Section | | Consular Section |
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− | '''NOTE:''' 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. | + | '''NOTE:''' [[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. |
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| ==SOURCE== | | ==SOURCE== |
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− | '''Intercountry [[Adoption]], Bureau of Consular Affairs. U.S. Department of State Country Information'''[http://adoption.state.gov/country_information/country_specific_info.php?country-select=mexico] | + | '''Intercountry [[Adoption]], Bureau of Consular Affairs. U.S. Department of State Country Information''' adoption.state.gov/country_information/country_specific_info.php?country-select=mexico |
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| [[Category: International Adoption]] | | [[Category: International Adoption]] |
The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.
The site of several advanced Amerindian civilizations - including the Olmec, Toltec, Teotihuacan, Zapotec, Maya, and Aztec - Mexico was conquered and colonized by Spain in the early 16th century. Administered as the Viceroyalty of New Spain for three centuries, it achieved its independence early in the 19th century. To learn more please read About Mexico.
The Mexican Central Authority for Adoptions is the Secretary for Exterior Relations, or the Secretaria de Relaciones Exteriores (SRE). The SRE is responsible for policy and issues key documentation certifying Hague compliance, including the Article 23 Certificate that the adoption or grant of custody occurred in compliance with the Convention. The SRE implements the Hague Convention through the National System for the Full Development of the Family, or the Sistema Nacional de Desarollo Integral de la Familia (DIF). The DIF is a public institution in Mexico in charge of implementing national policies on all matters pertaining to the family, and the implementation of domestic and intercountry adoptions resides in their purview, along with final execution of adoptions through the legal system.
Secretaria de Relaciones Exteriores (SRE)
Dirección de Derecho de la Familia
Website: Mexican Central Authority
For questions about immigration procedures, contact the National Customer Service Center (NCSC) at
1-800-375-5283 (TTY 1-800-767-1833).