INTERNATIONAL ADOPTION

MEXICO

June 2001

DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

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 licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: Mexico allows U.S. citizens and other non-Mexicans to adopt Mexican children. U.S. citizens who wish to adopt a Mexican child must adopt the child in Mexico in accordance with Mexican law. To qualify for adoption, the child must be an orphan. This means the child must be orphaned, abandoned, or have one surviving parent who releases the child for adoption. Under Mexican law, foreigners may need permission from the Secretary of the Interior (Secretaria de Gobernacion) to adopt in some states.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 Immigrant Visas issued to Mexican orphans adopted abroad - 94
IR-4 Immigrant Visas issued to Mexican Orphans adopted in the U.S. - 0
FY-1997: IR-3 visas - 157, IR-4 visas - 3
FY-1998: IR-3 visas - 167, IR-4 visas - 1
FY-1999: IR-3 visas - 134, IR-4 visas - 3
FY-2000: IR-3 visas - 104, IR-4 visas - 2

MEXICAN ADOPTION AUTHORITY: 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 dealing with family matters. It 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. In cases of abandoned children, the local office of the Ministerio Publico (the investigatory arm of the courts) will be contacted regarding the circumstances of the child’s abandonment The Ministerio Publico will initiate the appropriate investigation to determine the identity of the child. If there are no leads, an adoption of the child may be processed.

There is no central office (i.e. Mexican federal government) for adoptions. Every state has its own Procuraduria de la Defensa del Minor, which is a branch of the DIF.

The DIF is assigned responsibility to study each child's eligibility for 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.

AGE AND CIVIL STATUS: Prospective adoptive parents may either 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 adoptive parents must be seventeen years older than the child. If the 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.

ADOPTION AGENCIES AND ATTORNEYS: Adoption in Mexico is governed by the civil codes of each of the 31 Mexican states. While there are general similarities among the states’ laws, actual practice may vary considerably from state to state and even from municipality to municipality.

DOCTORS: The Embassy and Consulates maintain lists of doctors and sources for medicine, should you or your child experience health problems while in Mexico

MEXICAN DOCUMENTARY REQUIREMENTS: Prospective adoptive parents should have the following:

• Certified copy of 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 parent who is the primary supporter of the family. It must indicate the position, years of service with the employer, and salary. It is also recommended to include a certified copy of the most recent income-tax form.
• Copy of the most recent bank statement or other evidence of financial holdings as proof of financial solvency.
• Two letters of recommendation from two 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 parents’ home state (state of residence) in the U.S. verifying that the adoptive parents have no police record.
• A copy of a social, economic, and psychological study of the parents' 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 adoptive parents should consult the office of the U.S. Health and Human Services Administration nearest their residence for referral to the competent body for this study.
• One 3x3-inch color photograph of each parent.
• Two 3x5-inch photographs of the parents in their home or in a family outing.

All documentation listed above must be notarized by a notary public at the place of origin of the document, translated into Spanish by an official translator of the Mexican Consulate nearest to the parents' place of residence in the United States, and certified by that Mexican Consulate. 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 Secretaria de Relaciones Exteriores (the Mexican Foreign Ministry or 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.

RESIDENCE REQUIREMENTS: Mexican adoption procedure includes a six-month trial period during which the child lives with the adoptive parents to assure mutual benefit. The adoption is not final until after this time, and the child cannot leave Mexico before it is complete. However, in the case of a foreign adoption, the trial period may be waived at the judge's discretion. If the judge does not approve a waiver, the adoptive parents must live in Mexico for six months to care for the child. In the event of a waiver, the entire adoption process is shortened to approximately one year. Because of the large amount of paperwork, the adoptive parents should be prepared to spend at least ten working days in Mexico.

U.S. IMMIGRATION REQUIREMENTS

A Mexican child, even if adopted by an American citizen, must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child . Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16¹ and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Consulate General at Ciudad Juarez. American citizens who believe this category may apply to their adopted child should contact the U.S. Consulate General at Ciudad Juarez. for more information.

• The adoptive or prospective adoptive parent must be an American citizen;
• The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf;
• If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
• If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
• The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to determine if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.uscis.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the American Consulate General in Ciudad Juarez.²

II. The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation ( Form I-604 Report on Overseas Orphan Investigation ) is performed by a consular officer at the time of the child’s immigrant visa interview.

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Mexico should request, at the time they file these forms, that BCIS notify the U.S. Consulate General in Ciudad Juarez as soon as the form is approved. Upon receipt of such notification, the Consulate General will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the U.S.

American citizens interested in adopting children from abroad may obtain further information from the Bureau of Consular Affairs home page at http://travel.state.gov.

U.S. CONSULAR ASSISTANCE: Upon arrival in Mexico to try to arrange an adoption, U.S. citizens should register at the U.S. Embassy, Consular Section, American Citizens Services Division (or at the nearest U.S. Consulate or Consulate General). The Embassy will be able to provide updated information about safety/security information as well as other information about Mexico, including lists of physicians, attorneys, interpreters and translators. The American Embassy is located at Paseo de la Reforma 305, Colonia Cuauhtemoc, 06500 Mexico, D.F., and tel. 011-52-5-209-9100. The American Consulate General, Ciudad Juarez, where all immigrant visas are issued, is located at Avenida Lopez Mateos 924 N, Ciudad Juarez, Mexico, tel. 011-52-16-113-000.

*Before attempting to adopt a child from any overseas location, U.S. citizens should ensure that they understand the legal requirements for the admission of adopted children into the United States. We suggest that you contact the nearest office of the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security for further information and that you also review our information circular entitled International Adoptions .*

MEXICAN EMBASSY (and Consulates) IN THE U.S.

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

Mexico also has Consulates General in Los Angeles, San Diego, San Francisco, Denver, Miami, Atlanta, Chicago, New Orleans, New York, Hato Rey, Puerto Rico, Dallas, El Paso, Houston, and San Antonio. In addition, there are numerous Mexican consulates and honorary consuls located throughout the United States.

PITFALLS: Potential adoptive parents are advised to follow legal adoption procedures carefully. The process for legally adopting a child 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 the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security, schools, Social Security, etc.

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children , as well as the Department of State publication, International Adoptions .

QUESTIONS: Specific questions regarding adoptions in Mexico may be addressed to the Consular Section of the U.S. Embassy or Consulate. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, telephone 1-888-407-4747 with specific adoption questions. Information is also available 24 hours a day from several sources.

Telephone

Office of Children’s Issues - recorded information regarding changes in adoption procedures and general information, 1-888-407-4747 .

State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225 .

Bureau of Citizenship and Immigration Services in the Department of Homeland Security - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet

The Consular Affairs web site at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

BCIS web site- http://www.uscis.gov

Other Information

Consular Information Sheets - Published by the State Department and available for every country in the world, providing information such as the location of the U.S. embassy, health conditions, political situations, and crime reports.