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prmjcm

Sep 8, 2009, 10:52 AM

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adoption

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Hi I am married to a mexican national woman and I am in Mexico on a FM3, she has a 18 year old son who I would like to adopt does anyone have any information on how I would go about this, and if I adopt in Mexico would it be legal in the United States????

Pat Moore

mazbook1

Sep 8, 2009, 3:27 PM

Post #2 of 7 (5412 views)

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Re: [prmjcm] adoption

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First of all you would need to see an attorney who specializes in family law, BUT here are some things I have researched and found out from my attorney here.

There are two types of adoption in México, adopción plena and adopción simple. An adult (as your wife's son is) can only be adopted via the adopción simple procedure, and, according to my attorney, this procedure is NOT available for foreigners. The other procedure, adopción plena, is much more complicated and is available to foreigners who want to adopt Mexican children, but since it requires that the child lose its birth apellidos (the two last names that everyone born in México has), it is only available for adopting children less than 5 years old (no school or other public records to change!).

So, unless you can find an attorney (which I am NOT) to advise you differently, you're out of luck.

Me? Well, since all of my wife's children were over 5 years old, I became a naturalized Mexican citizen so I could adopt them legally!

Georgia

Sep 9, 2009, 7:57 AM

Post #3 of 7 (5336 views)

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Re: [mazbook1] adoption

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For US purposes, a foreign child over 16 years of age can not be adopted and obtain citizenship. The child must be under the age of 16.

gpkgto

Sep 9, 2009, 8:32 AM

Post #4 of 7 (5325 views)

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Re: [Georgia] adoption

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I think you mean: the chld over 16 can be adopted (a matter of state law in the US)--but the US will not automatically grant citizenship to the adopted child (a matter of federal law in the US).

Georgia

Sep 9, 2009, 11:22 AM

Post #5 of 7 (5295 views)

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Re: [gpkisner] adoption

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Same result: a child adopted abroad who is over the age of 16 can not enter the US as the child of the adoptive parent. That child will have to provide his/her own proofs in order to obtain a visa. All the states in the union can't jump you past that hurdle. In order for a child adopted abroad to enter the US you have to take said child to your local consulate for a physical exam, get a visa (not if s/he is over 16), bring child to US with his/her (foreign country) passport and visa, finalize the adoption in the state where you reside, and then apply for naturalization.

I've done it.... four times.

mazbook1

Sep 9, 2009, 7:11 PM

Post #6 of 7 (5258 views)

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Re: [gpkisner] adoption

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Georgia and gpkisner, It's really a moot question, since a foreigner cannot adopt anyone over 5 years old in México anyway.

TlxcalaClaudia

Sep 9, 2009, 7:14 PM

Post #7 of 7 (5256 views)

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Re: [mazbook1] adoption

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The extra details with similar scenarios helps others reading this though.
Claudine