International Adoptions

I graduated as a lawyer in Mexico and later as a lawyer in the United States. Being able to practice as a lawyer in two countries has opened many doors for me to achieve that dream. One of the areas I specialize in is in terms of international adoptions.

Are you eligible?

I help American families who want to adopt a Mexican child and that for this adoption the child obtains American citizenship and that also allows him to emigrate to the United States.

Schedule an appointment

Impact of the International Convention in The Hague

On April 1, 2008, the International Hague Convention on International Adoptions entered into force in the United States. The application of this international treaty in the United States brought an impact on the area of immigration law in the way that children previously migrated to the United States when they were adopted by American citizens. Currently American families who want to adopt a Mexican child must have knowledge of this treaty and everything that implies carrying out an international adoption with Mexico. The entry of this law was for the purpose of avoiding child trafficking, which was a problem worldwide.

Details of the international adoption process

Due to the problems of child trafficking, the authorities of both countries control with great rigor that the procedure adheres to the Convention and the laws of each country to the letter. At no time do they allow any of the requirements to be breached considering the best interests of the minor. Something very important is that the service of an international adoption must be provided by a United States agency that has accreditation by the United States government but also that is accredited by the Mexican government.

Socioeconomic study before authorized agency in the USA (Agency).
File first package with the US Immigration Service (CIS).
CIS awards the application (wait for approval).
Adopting parents (PA) fingerprints are taken.
pa receive approval from CIS.
Agency prepares and sends the dossier to SRE who in turn sends it to the National DIF.
DIF receives the dossier and in committee analyze it.
DIF sends the dossier together with a certificate to the state DIF who evaluates the file.
If the adoption requirements are met, DIF issues a certificate (Adoptability Report) Article 16.
Search is made for the minor (this stage is delayed and give priority to domestic adoptions).
DIF put the PAs on a waiting list.

Information is provided from the minor to the PA.
PA has up to 2 weeks to accept the minor chosen by the DIF.
PAs accept the minor.
PAs file the second package before CIS in the USA.
CIS gives a provisional approval of the second package which is sent to the American Consulate in Juárez.
PA Fill out the Visa application (Form DS-260 online).
PAs obtain the adoption visa at the nearest Mexican consulate in the US.
PAs travel to Mexico and redeem adoption visa for adoption card for adoption purposes (before the Mexican Immigration Institute takes about 2 weeks to obtain).
The PAs travel to live with the minor (varies from state to state the time they will have to be with the minor).

Consulate reviews and issues a certificate (noting that the immigration laws in the USA were complied with) which sends it to the DIF Article 5.
DIF issues another certificate (pointing to make the adoption in the Mexican court) Article 17.

Full adoption process with pa present, the judge issues a sentence and cause an enforcement.
PA obtain new birth certificate (where the adoption was made) and a Mexican passport (in any passport office).
SRE issues a certificate (noting that all the steps of the adoption were completed). ARTICLE 23.
Minor goes to the medical examination and appointment of fingerprints (in the DF).
Interview at the Juárez Consulate.
Issuance of Certificate of Adoption under the Treaty and you are given the visa.
minor travels to the U.S. where upon entering you get American citizenship.

Process and complexities of international adoptions

International adoptions are like a tennis game. The procedure begins in the United States, then continues in Mexico and then returns to the United States and so on until its completion. I have had to see the lack of knowledge of American lawyers specialized in domestic adoptions who ignore this treaty. It has also been very sad to see American families who have not achieved the objective due to the ignorance of this treaty. International adoptions with Mexico are late, complex and expensive. Representing a family with a procedure of these implies extensive legal knowledge of both countries but more than anything as things have to be done in Mexico.

Formalities

The minor must be less than 16 years old before filing the first package with CIS. PA (if you are single) at least be 25 years old. If the minor is not an orphan, biological parents must assign all rights and give permission to emigrate. At least one PA must be a United States citizen and a permanent resident spouse. The PA, which is an American citizen, will have to travel to Mexico to carry out the entire process. There should be no contact between biological fathers, the PAs, and adopted (exception in adoptions between relatives). This procedure is suigeneris and special. It takes a lot of discipline and persistence to be able to achieve the goal. An abandoned, abused or unattended child has the right to live in a loved and educated family by responsible parents and not by the authorities living in a shelter.

Schedule your consultation today

Hemos respondido cientos de preguntas como la tuya. Estas son algunas de las más comunes:

Schedule your query