At Abogados Cabo we know that assuming the upbringing of children who are not biologically conceived is an initiative loaded with a lot of purpose and love. The prospective parents will have to go through a preliminary process that will serve as a mutual preparation, demonstrating the true desire to be parents. The adoption process in Mexico is supported by the detailed articles in the Federal Civil Code.
In addition, all the work of institutions, centers, homes, which make the process possible in the respective administrative and judicial stages. The ultimate goal is to provide a suitable family and get a home for those children who have not had the joy of growing up in the company of their family of origin. At the same time, provide the opportunity to raise children to people who wish to exercise the task of being parents. If you want to know what the adoption process is like and how long it takes, we invite you to read the following article.
How is the adoption process in Mexico?
The adoption process in Mexico is divided into two stages:
- One of administrative order and,
- The judicial or jurisdictional stage.
What does the administrative phase consist of?
In our country there are public institutions in charge of receiving the applications of those who opt to become adoptive parents, which are part of the National System for the Integral Development of the Family (DIF).
In the mentioned institution is where the forms and questionnaires are filled out to begin the study of the economic, social, educational and psychological profiles of the prospective parents, not to mention the interview cycle.
Keep in mind that depending on the city of Mexico where you are, the receiving offices in this phase will have different names, for example:
- The Social Work department of the Centros Nacionales Modelo de Atención, Investigación y Capacitación (CNMAIC) or,
- The Legal Assistance Sub-Directorate.
The important thing is that they are attached to the DIF, which is the area of social assistance.
The interviews will be carried out in the area of social work and these will be the first way to know the person who wishes to adopt (in case he/she is single) or the couple (in case they are married).
Requirements for the administrative phase
In the Subdirección de Asistencia Jurídica the file will be completed with the application and other documentation, within which we can mention:
- Submit copies of identity documents of the applicants (aspiring adoptive parents),
- Explanatory letter where the intention to adopt is expressed,
- Certified copies of birth certificates (both of the potential parents and of the children they already have),
- Marriage certificate,
- Letters of recommendation (minimum two);
- Photo of the optants, (one photo of each),
- Postcard size photos of the home, its inhabitants and other family members (ten),
- Medical certificate (from a public institution),
- Toxicological laboratory tests,
- Proof of employment;
- The intention of completing this file is to study and investigate the applicants in order to evaluate the feasibility of giving you the adoption.
What does the judicial phase consist of?
The adoption process in Mexico also includes the procedure before a family judge who, in addition to hearing your case and the results of the administrative phase, must formalize the process.
In order to guarantee the fulfillment of all the responsibilities and obligations as the father of an adopted child to whom he will give his last name, attention and will enjoy the same rights that a biological child would have.
After the adoption is formalized in writing, the authorities will ensure the fulfillment of his duties and responsibilities as a father.
Visits and interviews are made to follow up the process of adaptation of the child to his new family, the coexistence between all, being reflected in a social report.
How long does the adoption process take in Mexico?
First phase (administrative):
During which, the file is consigned to the Subdirección de Asistencia Jurídica for the study and evaluation as candidates for adoption and the results that come out of there, should not take more than three months.
Remember that the time will depend on how long the public officials take:
lawyers, sociologists and psychologists
In verifying the authenticity of the information provided and that it is part of the economic, social, family, psychological and health profile of the potential parents.
Second phase (Judicial):
Respectively, the legal processing before a judge and the follow-up in the period of adaptation and family cohabitation (bio-psycho-social and legal reports), will be comprised by a lapse of every six months for three years.
For this reason, adoption times may seem different for each case, or even some say that they last three years, since they include the post-adoption process.
The truth of the matter is that the time will vary depending on each particular case and reality, the verification offered or the complete presentation of the requirements by the applicants.
The rest of the time serves to confirm the welfare of the infant who has been adopted.
Requirements of the Law for adopting a child
According to articles 390 and 391 of the Federal Civil Code, the requirements are the following:
- Adults over 25 years of age,
- Persons free of marriages or married,
- That they are in full capacity of their rights,
- To be 17 years older than the person to be adopted,
- To have the economic means to provide: subsistence, education and other care,
- Have aptitude and suitability to adopt.
Types of adoption according to the Federal Civil Code.
In the Civil Code there are three types of adoption according to the circumstances:
- Simple,
- Full and,
- International.
Next, we will explain about them:
Article 402 talks about the simple adoption establishing limitations for the same existing relationship between the parties, since the adopter becomes responsible for the rights and duties, however not in the kinship between them.
On the other hand, article 404 makes it clear that simple adoption may become full adoption if it has the consent of the adoptee, who must be 12 years of age.
Next, full adoption is that where the adoptee is part of the family unit, that is to say, is present in the daily coexistence and is assumed as one’s own child, (article 410 Civil Code).
Finally, international adoption, understood as the one between parents who are not Mexican, but having another nationality decide to undertake the adoption process in Mexico, (literal “E” of the Civil Code).
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At Cabo Lawyers we seek to satisfy the different legal needs of our clients, both in their business and personal matters. Contact us at: (+52)8119384461, where we will gladly advise you.
