International Child Foundation is approved to provide adoption services for all states in Mexico by the National DIF. We can help families wishing to adopt non-related children and those adopting relatives. Mexico and the US are both Hague Convention member countries and all adoptions are subject to the same regulations. International Child Foundation is one of only three agencies that can help throughout Mexico. Contact us for more information!
MEXICO ADOPTION Overview
International Child Foundation (ICF) began the Mexico adoption and aid program when we were introduced to Lic. Ricardo Gallego. Lic. Gallego is an experienced adoption attorney with expertise in Hague Convention procedures. In Mexico, adoption is conducted through the state DIF, under the supervision of the national DIF, which operates under the SRE (Secretaria de Relaciones Exteriores), in accordance with the Hague Convention on Adoption. All referrals of children to adoptive families are made through the DIF.
For the most part, it is older children, over age three, four or five and older who are in the greatest need of adoptive families. Infant adoption of an unrelated child from Mexico by foreign parents is very rare, as infants are most often placed with Mexican families. Some children may be part of a sibling group. Adoptive parents may request a particular age range and sex and the number of children they are open to adopt in their home studies. We recommend in accordance with Mexico priorities, that families request boys or girls age 5 or older unless they are willing to adopt a sibling group. Special needs children also need families and may be of any age.
Family Eligibility to Adopt
Families entering into a Mexico adoption must have an approved home study and approval from USCIS to adopt from Mexico. Married couples or single women may adopt. Parents must be at least 25 year old and at least 17 years older than the child.
Children referred for Adoption
US families can expect to be referred older children or sibling groups or may request children with special needs. Adoptive families who wish to adopt a toddler will be placed on the DIF waiting list. There is no way to estimate at this time how long the wait will be.
Timeframe and steps to the process…
Adopting from Mexico will generally take a minimum of one year. The first steps include the application to the agency, pre-adoption education, completion of the home study, USCIS application, preparation of dossier documents for submission to Mexico’s Central Authority.
The dossier travels first to Mexico City, to the SRE and the National DIF, and then is sent on to the state DIF. Some states, including Sonora, require criminal clearances and lab tests provided within the state. Other states allow families to submit clearances and lab test from their US state of residence. If adopting from Sonora an initial visit must be made to comply with this requirement.
After the state DIF reviews the family’s dossier, children available for adoption are considered by the DIF for matching. The time the DIF takes to offer a referral varies, depending upon the request of the adoptive family and whether children that suit the request are legally free for adoption.
After the family receives a referral and they travel to Mexico to spend time with the child. The time requirement varies with the age of the child. Generally families will need to plan on 3+ weeks. The visitation requirement may be broken into more than one trip with the permission of the DIF. At the conclusion of the visit or visits, the orphanage director, family (and child, if age appropriate) agree to move forward with the placement.
After the family is in agreement about accepting a referral, the DIF issues the formal referral, the “Article 16” report, with the child’s legal, social and medical history. The referral documents are translated and submitted to USCIS with the family’s I-800 form and other required documents. USCIS replies within two weeks.
After the I-800 is provisionally approved by USCIS, the file is transferred to the US Embassy in Mexico City. The US Embassy initiates the visa application process with a Consular Officer, which requires additional documents from the family, including the DS 230 Parts 1 and 2. If the Consular Officer determines the child appears eligible to immigrate to the US, the SRE/National DIF will be notified, and this notification is called the “Article 5” letter. Prospective adoptive parents CANNOT move forward in the adoption process until the Article 5 letter is issued.
At this juncture the judicial process begins. This may take one to six months. The Court issues the adoption decree, which provides for the child to receive a new birth certificate, which allows the child to apply for a passport.
The final steps include… court documents and approval from the state DIF are sent with the new birth certificate and other documents as may be requested to the US Embassy and the SRE in Mexico City. The US Consular Officer reviews and sends documents to the SRE which in turn reviews them and, when approved, the SRE issues the “Article 23” certificate of Hague adoption. The family and child are then eligible to travel to Mexico City to meet with the US Embassy and, pending a medical exam and lab reports for the child, will be issued a visa for the child to enter the US. This will require at least one week in Mexico City. When the child’s visa is issued the case is completed. The family may return to the US with their child.
Note: 1) Documents in English for presentation in Mexico must be translated to Spanish and all documents in Spanish re the child and adoption must be translated to English. This adds expense and time to the adoption process. 2) Families are obligated to provide post adoption reports per the requirements of the DIF and/or their state or agency. A minimum of three reports is required by ICF at 6 months, 12 months and 24 months. These are legal obligations and a pre-payment or deposit is required.
Mexico Adoption Fees & Estimated Expenses
Application $300
Home Study ICF Home Study Fee for Hague Convention countries or as set by your home study provider.
Review Fee If the home study was prepared by another agency, a $350 review fee will apply—unless the family’s I800A has already received USCIS approval.
USCIS Fees I-800A and biometric fees as set by USCIS; approx. $800
Agency Fees to adopt a non-related child
Total $6,500; this is broken into two payments. The first is the ICF Administration fee of $3,500, which is paid with the Adoption Agreement. The second is the ICF Case Management fee of $3,000, paid at the start of the dossier.
Agency Fees are reduced to adopt a related child
The agency fee is reduced to $5,000 ($1,500 less than a non-relative adoption). This is broken into two payments. The first is the Agency Administration fee, $3,500, which is paid with the Adoption Agreement. The second is the Agency Case Management fee, $1,500, which is paid at the start of the dossier paperwork.
Foreign Fees
Total $7,500; this includes foreign oversight, legal coordination & representation, liaison with state and national DIF and with the US Embassy in Mexico City. The fee is broken into three payments: first, $1,500 is paid with the Adoption Agreement; second, $3,000 at time of dossier submission; the balance of $3,000 is paid at time of final adoption decree (after Article 5 letter is issued by the US Embassy in Mexico City); DIF fees of approx. $250 are included in the foreign fees.
Estimated Expenses for Translation and initial required Third-Party costs
Translation of dossier English to Spanish $850; Translation of child’s referral documents Spanish to English $350; Translation of adoption documents Spanish to English $650 These are approximate and depend on the number of pages and are paid on notification.
Mexican Lab report for adoptive parents ($150 each) $300
Mexican Criminal report for adoptive parents ($25 each) $50
Travel Estimates
Travel to Sonora 1st trip for 3-4 days $1000
Travel to Sonora 2nd trip for 2-3 week bonding visit $3000 (the bonding trip may be waived by DIF when family is adopting a relative)
Travel to Mexico City for final trip, to bring child home $2,000
Donation
Donation to Refugios de Dios $500
Additional Third-Party costs
Procuring child’s new birth certificate and Mexican passport $150
US visa and required medical exam and lab reports $650
Summary of fees and estimated costs (excluding home study and I-800A application):
Application Fee $300
Agency Fee $6,500 ($5,000 for families adopting related children)
Foreign Fees $7,500
Third-party expenses (translation, digitalization, visa, etc) $3,000
Humanitarian Donation $500
Subtotal: $17,800
Travel Estimate $ 6,000
Total: $23,800
Adoptions take many months. Fees are subject to change.
We invite you to contribute to the mission of Refugios de Dios para Ninos
From the US Dept of State re Mexico Adoption
The Mexican Central Authority is comprised of two entities: the Secretary of Exterior Relations, or Secretaria de Relaciones Exteriores (SRE), which issues key Hague Adoption Convention documentation including the Article 16 report and 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 implements 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.
In addition to federal authorities, Mexico adoptions also involve regional authorities and law. The civil code in each state may vary, so prospective adoptive parents need to be aware of and abide by the applicable laws of the state from which they plan to adopt. Adoptions may also involve one of the 31 state DIF offices, one in each Mexican state, and a regional DIFoffice. Though state and regional DIF offices play an important role in intercountry adoption cases, all processing of intercountry adoptions must be done 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.
Prospective 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 Convention on Intercountry Adoption. It is only possible to issue a U.S. Hague adoption visa to children adopted via a plena adoption.
NOTE : Special transition provisions apply to adoptions initiated before April 1, 2008.
For more information, visit http://adoption.state.gov/country_information/country_specific_info.php?country-select=mexico
