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Adoption/Guardian between immediate family.

Mableton, GA |

What is required for legal adoption or Guardian for immediate family. My sister-in-law just turned 17, lives in Mexico, but does not wish to keep her baby. The baby is expected to be born within less than 2 months.
Can my husband and I keep the baby legally and bring the baby to the US?
To better address my question, is the process for immediate family adoption/guardianship quicker than the normal adoption process or is it the same?
I just want to know if its a possibility and give this child an opportunity for better living.
My husband and I are almost 21.

Attorney Answers 4

Posted

There are MANY hitches and complications. You need to see a lawyer experienced in international adoptions. In addition to the immigration issues, you must comply with the laws of Mexico. Additionally your age may be a barrier. You also have to get the consent of the father or properly terminate his rights.

Mexico is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore, all adoptions between Mexico and the United States must meet the requirements of The Hague Adoption Convention and U.S. law and regulations implementing the Convention.

The Mexican Central Authority is comprised of multiple entities including two federal authorities as well as an adoption authority in each of the 31 states. The two federal authorities are the Secretary of Exterior Relations, or Secretaria de Relaciones Exteriores (SRE), which issues key Hague Adoption Convention documentation including 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 coordinates 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 the two federal authorities named above, adoptions also involve one of the 31 state DIF offices, one in each Mexican state. The state DIF offices issue the Article 16 and Article 17 letters, important Hague Adoption Convention documentation. 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. Though state and regional DIF offices play an important role in intercountry adoption cases, all intercountry adoptions must be processed 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.

Propective adoptive parents must submit their adoption application to the SRE through a U.S. based adoption service provider (ASP) that is both Hague Accredited in the U.S. AND approved to provide services in Mexico by the Mexican Central Authority. Mexico recently implemented a national authorization process for adoption service providers. Mexican state DIF offices may choose to accept national authorization of an ASP or may choose to implement their own authorization process for ASPs. However, working with an adoption service provider that has received only state authorization (and not national authorization) may cause the case to go through an end of process verification at the federal level. This could delay the adoption and possibly result in the Mexican Central Adoption's refusal to issue Hague certifications that are required for visa issuance.

ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

You need to consult with a family law specialist because your case/question is complicated.

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Posted

Your matter is not a simple legal adoption or guardianship case. You should consult with an immigration lawyer or one who specializes in international adoptions.

While the adoption process in Georgia can be pretty straight forward, especially with the consent of the birth parents, your situation involves international immigration law that adds layers of complication. Is your sister-in-law married to a United States citizen? Will the child have dual citizenship?

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Posted

I recommend calling Heather Hale. She specializes in just this kind of thing. Www.heatherhalelaw.com, 404-219-3457. I know her personally and can recommend her without any reservations. Good luck!!

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