I graduated as a lawyer in Mexico and later as a lawyer in the United States. Being able to practice law in two countries has opened many doors for me to achieve that dream. One of the areas I specialize in is international adoptions.
I help American families who wish to adopt a Mexican child and through that adoption the child obtains American citizenship and also allows him or her to immigrate to the United States.
On April 1st, 2008, the Hague Convention on International Adoption came into effect in the United States. The implementation of this international treaty in the United States had an impact on the area of immigration law in the way children previously emigrated to the United States when they were adopted by American citizens. Currently, American families who wish to adopt a Mexican child must be aware of this treaty and everything that is involved in carrying out an international adoption with Mexico. The entry of this law was with the purpose of preventing child trafficking, which was a worldwide problem.
Due to the problems of child trafficking, the authorities of both countries strictly control that the process is carried out in accordance with 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 is accredited by the United States government but also accredited by the Mexican government.
International adoptions are like a tennis match. The process begins in the United States, then continues in Mexico, then returns to the United States, and so on until it is completed. I have seen the ignorance 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 their objective due to ignorance of this treaty. International adoptions with Mexico are slow, complex, and expensive. Representing a family with a process like this requires extensive legal knowledge of both countries, but more than anything, how things have to be done in Mexico.
Minor must be under 16 before filing first packet with CIS. PA (if single) must be at least 25 years old. If minor is not an orphan, biological parents must give up ALL rights and give permission to immigrate. At least one PA must be a US citizen and a Permanent Resident spouse. The PA who is an American citizen will have to travel to Mexico to complete the entire process. There must be no contact between biological parents, PAs, and adopted child (exception in adoptions between relatives). This process is unique and special. It requires a lot of discipline and persistence to be able to achieve the goal. An abandoned, abused or neglected child has the right to live in a loving family and raised by responsible parents and not by the authorities living in a shelter.
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