I am an adoption and immigration attorney. Most of my cases involve adoptions of foreign born children in the U.S. or abroad.
International adoption can be very complicated as it involves the law of the child's country of origin, U.S. immigration law and the law of the state where you reside. In addition, the adoption of your niece would have to meet the additional requirements of the Hague Convention and U .S. law regarding the Hague Convention that applies to the adoption of children who reside in Hague Countries, such as Mexico, by U.S. citizens. The U.S. process includes amongst other things that you use a Hague accredited agency and If the child has two living birth parents, you must provide evidence to show that her parents are unable to provide proper care for her based on the standard of living in Mexico. In addition to being eligible to adopt under Mexican law, Mexico also requires that you use an adoption agency that is not only Hague accredited but is also one of the few agencies authorized to handle adoptions of children from Mexico. This is not is not an easy process so that it is important that you consult with an attorney experienced in immigration issues and international adoption before you proceed so that a thorough evaluation can be performed.
To provide you with additional background about the process, a fairly good description is available at the Department of State website at http://adoption.state.gov. You can look under Country information for Mexico.
*The other option is to proceed under the adopted child provision. Under this provision you would have to adopt in Mexico and be able to spend two years in Mexico or another country living with the child before you could bring your niece to the U.S.
C.J. Lyford, Esq.
632 Germantown Ave.
Lafayette Hill, PA 19444
610-260-4055
[email protected]
610-828-8777
lyfordlaw.com
Please note that my comments are not legal advice and should not be relied upon as legal advice.