Can you adopt a child from Mexico?

In this blog post, we will answer the question “Can you adopt a child from Mexico?” In doing so, we will look into the signatory status of Mexico in the Hague Convetion for Adoption, the process of adoption, the steps involved, and all the things you should be cautious about during the process of adoption. We hope all your questions are answered by the end of the post. 

Can you adopt a child from Mexico?

Yes, you can adopt a child from Mexico. 

This section describes the international adoption process in general. The procedure is distinct because it is governed by the laws of the adopting parent and the country in which the child resides (in the US this means both federal and state law).

 If the child’s country of origin is a signatory to the Hague Adoption Convention, both countries’ Hague procedures must be followed. Prospective adoptive parents should consider all of these factors when deciding what to expect.

Adopt a Mexican child

Before you adopt or obtain legal custody of your child, a consular officer at the US Embassy or Consulate must determine whether your adopted child is eligible for a visa. Wait until the consular officer has issued the Article 5 letter before adopting or taking custody of the child.

The United States and Mexico are both signatories to the Hague Convention on the Protection and Cooperation of Children in International Adoption (Hague Adoption Convention). As a result, all adoptions between Mexico and the United States must comply with the treaty’s requirements as well as the United States laws and regulations implementing the treaty.

Mexico has a complicated adoption system that involves the Mexican Central Authority (MCA) and the Minister of Foreign Affairs.

You must work with adoption service providers who have been approved by both the US and Mexican governments. This is a critical step. 

Failure to ensure that the Mexican government hires the agency with which you want to work may cause the recruitment process to be delayed. Finally, we want the government to issue adoption visas.

Mexican Central Government and the Hague Convention for Adoption 

In Mexico, the Secretariat for External Relations (Secretaria de Relaciones Exteriores (SRE)) is the central authority for adoptions. The SRE is in charge of the policy and issues important documents attesting to The Hague’s compliance, such as an Article 23 certificate stating that the adoption or grant of custody complied with the Convention.

The Hague Convention is implemented by the SRE through the National System for the Full Development of the Family, also known as the Sistema Nacional de Desarollo Integral de la Familia (DIF).

The DIF is a public agency in Mexico that is responsible for the implementation of national policy in all family-related matters, as well as the final legal enforcement of adoptions, as well as the implementation of domestic and international adoptions.

Process of adoption

Since Mexico is a party to the Hague Adoption Convention, adoptions from Mexico must follow a specific process designed to meet the requirements of the Convention. A brief overview of the procedure for the adoption of the Convention is provided below. These steps must be completed in the order below to meet all legal requirements for adoption.

  1. Choose an Authorized Adoption Service Provider 
  2. Apply to know if you are eligible to adopt 
  3. apply for adoption to be matched with children 
  4. adopt a child in Mexico
  5. take the child to their new home

Who is eligible to adopt from Mexico?

  • Couples who have been married for three years or more and are both 25 or older
  • Only single women over the age of 25 are eligible to adopt from Mexico.
  • Parents must be at least 18 years old and no more than 45 years old than the child they wish to adopt.
  • If you live outside the US, your government may impose additional requirements in order for you to apply for an orphan visa.

Choosing between Simple vs. Plenary adoption 

Simple adoptions can be completed relatively quickly in Mexico for Mexican citizens like you. 

Legally, full adoption is more complicated, but it is closer to the standards of the Hague Adoption Convention. Simple adoption is faster, but it frequently fails to take all of the necessary steps to meet these requirements.

To begin with, there is no permanent legal parentage between the child and you in most simple adoptions. Furthermore, termination of parentage is not required for all adoptions in the United States. 

Only children adopted through more complicated and formal adoptions are granted visas by the United States. One language must be included on the final paperwork to demonstrate that you are a dual citizen of Mexico and the United States and that you reside in the United States.

What are the Mexican government’s requirements for international adoption?

If you want to adopt a Mexican child, the Mexican government requires you to live with the child in Mexico for three weeks first. The Mexican government will then begin reviewing your application and adoption request.

Although she only has three weeks to live with her child before the adoption is finalized, the adoption process is lengthy, so she must stay in Mexico for up to three months.

Additionally, specific income requirements must be met in order to adopt a child from Mexico. You must have the financial means to adopt a child and provide for that child’s basic needs. 

A letter confirming your employment and tenure is a good place to start. Paystubs, tax returns, photos of your home, bank statements, and other financial disclosure forms can all be beneficial.

These documents will be submitted to a Mexican court to prove that you have the financial means to add a child to your family. 

It is also beneficial to have at least two witnesses present who can attest to the accuracy of the information you are disclosing and your strong moral character.

Which Mexican children are eligible for adoption?

Children in Mexico must comply with the Hague Convention. In general, before a foreigner can adopt a Mexican child, the child must first be determined to be adoptable by a Mexican family. 

Adoption may proceed if the court determines that adoption by a family outside of Mexico is in the best interests of the child.

Mexican authorities who regulate adoption do everything possible to keep siblings together. As a result, if you are thinking about adopting a child, you should think about whether your siblings are able or willing to adopt as well. 

Even if you are a member of the child’s family, you must go through the same adoption process as everyone else. All of this must be detailed in the documents provided. 

What steps are involved in the Mexican adoption process?

To successfully adopt a child in Mexico, a series of six steps must be taken. If I do not complete the steps in the correct order, your child may be denied an immigrant visa to the United States.

To begin, you and your spouse must select an adoption agency that is accredited and licensed to operate in both the United States and Mexico. A steering committee that ensures that all requirements are met in both

After deciding on an adoption agency, the next step is to apply to the United States Citizenship and Immigration Service to be considered eligible to adopt a Mexican child. Forms should be submitted to this address. 

Once USCIS determines that you are eligible for adoption, the adoption agency with which you are working will approve you. The home study and other information that needs to be gathered will be completed.

The Mexican government determines your eligibility to adopt a child.

Once they are eligible for adoption in the United States, Mexican authorities conduct similar screenings. If you are found to be eligible to adopt a Mexican child, the Mexican government must decide whether you can adopt. 

To adopt a Mexican child, you must first determine that adoption is in the best interests of the child. The child who best matches your profile and is available for adoption will be matched with you.

Gather as much information as possible about your child’s background, medical history, and other factors to help you decide whether or not to adopt your child.

If you believe you will be unable to meet the child’s needs in the long run, you can refer the child for adoption to another family.

After successfully accepting your child, you must apply to the United States Department of Homeland Security for permission to bring your child to the United States. 

You will need to apply for a visa for your child once he or she has been approved for adoption and immigration to the United States. The United States Embassy in Mexico City is in charge of issuing immigrant visas to Mexican children who wish to visit the United States.

Go to court and have the adoption legalized

Once your adoption is approved and your visa is issued, you can move on to the fifth stage of adoption in Mexico: legal adoption. 

All adoption documents are received by the adoption agency you are working with and forwarded to the appropriate Mexican government agency for review and processing. You use a Mexican counterpart who is based in the United States to accept the adoption agency.

Following that, Mexican court proceedings will ensure that you can adopt legally. The Mexican government’s applications are reviewed by judges. Your child will then be given the order to bring you. The entire procedure could take up to 6 months. 

Before the adoption can be finalized, you and your spouse must appear in court at least twice. As stated at the outset of today’s blog post, you must have at least two witnesses appear in court to testify to your moral character and financial means.

The specific documents that must be submitted to the Mexican government, as well as the costs associated with adopting a Mexican child, are available on the US government’s adoption-related website. Choose Mexico as the country about which you want to learn more.

Obtain a visa and return to your home with your new child.

After you’ve completed all of the preceding steps, all you have to do is fill out some paperwork and take your child home.

To begin, you will require a birth certificate in order for your child to accompany you back to the United States. A Mexican judge will issue an order naming you as the child’s new parent. 

This decree can be used to obtain a birth certificate as well as a Mexican passport with international travel privileges.

Your child is not yet a US citizen and requires a Mexican passport. Access to Mexico allows you to travel internationally while your application for US citizenship is being processed. 

At this point, the visa application through the embassy in Mexico City is almost finished. Your child may accompany you to the United States once your immigrant visa is issued.

If you’ve made it this far, you’ve not only survived a nasty dictatorial move, but also welcomed a new family member to Texas.

Is there anything you should be cautious about? 

Children adopted in Mexico through the domestic adoption process are not eligible to travel to the United States right away. The Mexican Central Authority has stated and demonstrated that it will not issue the required Article 23 Hague certificate for domestic adoptions.

The adopted child may be eligible for her IR-2 visa if she completed the adoption within Mexico after April 1, 2008. 

The adoptive parent must have legal and physical custody of the child outside of Mexico for two years prior to joining United.

The state has completed the application for an immigrant visa. This physical coexistence must occur outside the borders of the United States. 

To do so, she must first file an I-130 immigrant visa application with the US Department of Homeland Security (USCIS).