Factsheet
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DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.
Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.
GENERAL: Mexico allows U.S. citizens and other non-Mexicans to adopt Mexican children. U.S. citizens who wish to adopt a Mexican child must adopt the child in Mexico in accordance with Mexican law. To qualify for adoption, the child must be an orphan. This means the child must be orphaned, abandoned, or have one surviving parent who releases the child for adoption. Under Mexican law, foreigners may need permission from the Secretary of the Interior (Secretaria de Gobernacion) to adopt in some states.
AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:
FY-1996: IR-3 Immigrant Visas issued to Mexican orphans adopted abroad - 94
IR-4 Immigrant Visas issued to Mexican Orphans adopted in the U.S. - 0
FY-1997: IR-3 visas - 157, IR-4 visas - 3
FY-1998: IR-3 visas - 167, IR-4 visas - 1
FY-1999: IR-3 visas - 134, IR-4 visas - 3
FY-2000: IR-3 visas - 104, IR-4 visas - 2
MEXICAN ADOPTION AUTHORITY: The State System for the Full Development of the Family (Desarrollo Integral de la Familia, or DIF) is a government institution in each Mexican state dealing with family matters. It acts as the legal representative for abandoned children and provides foster care for abused or orphaned minors. Children who are abandoned or orphaned can be given up for adoption by the DIF. In cases of abandoned children, the local office of the Ministerio Publico (the investigatory arm of the courts) will be contacted regarding the circumstances of the child’s abandonment The Ministerio Publico will initiate the appropriate investigation to determine the identity of the child. If there are no leads, an adoption of the child may be processed.
There is no central office (i.e. Mexican federal government) for adoptions. Every state has its own Procuraduria de la Defensa del Minor, which is a branch of the DIF.
The DIF is assigned responsibility to study each child''s eligibility for adoption and arrange adoptions. The DIF determines whether a family would be suitable for a particular child by ensuring that a home study has been done. The DIF makes every effort to place children with relatives or Mexican citizens.
Credits: U.S. Department of State
