How to Register in Mexico a US Adoption of a Mexican National STAFF PICK

Ignacio Pinto-Leon

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International Law Attorney

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Posted almost 5 years ago. 7 helpful votes

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1

Obtain authenticated copies from the adoption documents

Get a copy of the adoption decree certified by the clerk of the court. If you obtained a US birth certificate with the new last names of your adoptive daughter, get a certified copy too. Then obtain an apostille (authentication seal) from the state government where the documents were issued. The apostille is a certification or authentication made by the Office of the Secretary of State of the U.S.' state where the adoption took place.

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Determine if the state of Mexico where the birth of your adoptive child was originally recorded allows for DIRECT RECORDING of the adoption or not

Each state in Mexico has specific rules on the recording of adoptions of Mexicans abroad. Some of them allow for DIRECT RECORDING of the adoption before the office of the Civil Registry in such states. Some other states require the adoption decree to be HOMOLOGATED before recording it, then recorded at the office of the Civil Registry. In either case, all documents not in Spanish will have to be translated into that language by a translator authorized by the highest court of the state in Mexico where the adoption will be recorded.

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DIRECT RECORDING of the adoption in Mexico

In some states, the record of the adoption decree can be done directly before the office of the Civil Registry in Mexico. The documents generally required for the recording are: * Certified, apostilled copy of the adoption decree. * Certified, apostilled copy of the new birth certificate issued by the county where the adoption took place. * Translation from English into Spanish of the apostilled adoption decree AND the new birth certificate issued by the county where the adoption took place, made by an expert authorized by the highest court of the state of Mexico where the recording will take place.

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HOMOLOGATION of the adoption decree before recording it

Homologation is a court proceeding initiated before a Mexican judge where the latter, after analyzing the adoption decree by a foreign government, certifies that it complies with the laws of Mexico. Once the adoption has been homologated, it can be recorded at the office of the Civil Registry. The duration of the proceeding varies depending on the locality. Once the court homologates the adoption decree, it should order the office of Civil Registry to record the adoption.

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Almost done: obtain a certified copy of the new birth certificate of the adopted Mexican national

Once the adoption has been recorded at the office of the Civil Registry -either if it was recorded directly or after a Mexican court ordered it- obtaining a certified copy of the adopted Mexican national should be easy. This new birth certificate should list the adoptive parents as parents of the child, without mention to the adoption. The legal name of the adopted would include the last name of the adoptive parents.

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Finally: Get a Mexican Passport

Once you have a certified copy of the new birth certificate issued by a Mexican authority, obtaining a Mexican passport is no different than cases not involving adoptions. Remember that minors need authorization from their parents to get a passport. This authorization has to be executed at any Mexican consulate or office of the Mexican Ministry of Foreign Affairs. The form (OP-7) is free.

Additional Resources

For an article about this and other topics of Mexican Law:

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