Expert: L. A. G. M. - 11/16/2009

Question
QUESTION: My mother-in-law in Mexico knows a lady who is pregnant with twins. The lady has two children already and is very poor. She claims that she was raped and that this pregnancy is a product of that rape and does not want to keep her twins. She also does not want to give them to DIF. She said she would rather give them to someone she knows will take good care of them and that will give them the best opportunities in life. My suegra mentioned to her that my husband and I have had problems conceiving for six years and have been wanting to adopt but are unable to afford a US or regular international adoption. The lady said she'd be more than willing to relinquish her rights to the twins and give us full custody of the twins. The lady has seen us several times but never knew who we were and we didn't know who she was until now. My question is, is there a way for us to get legal custody of the twins to become their adoptive parents and bring them back to the US? Can she legally relinquish her rights to the twins and give them to us? If so, then how? What has to be done? Or since my suegra is already a mexican citizen can she legally adopt them making the twins my husband's sister and brother and then we file for them to become legal citizens or for a visa for them to come to the US? My father-in-law is legal. My mother-in-law is not but all of their children including my husband are also legal. We travel to Mexico all the time to visit my husbands family and have always wondered how to legally adopt while in Mexico and then bring the baby home to the US. Please help us! We are so confused and lost. Could it be as simple as getting a mexican lawyer to file an order with the mexican courts stating that the mother has abandoned the children and relinquished her rights for us to adopt her twins or become their legal guardians and from there file for the twins' passports and visas?  If it is easier to respond in spanish please feel free to do so. My husband and I both speak spanish.

ANSWER: Before anything else, thanks for writing me at AllExperts.com

Well, for give you a good answer I need several details about she, you, her problems, your problems, your financial status, etc. It's a lot of information.

Anyway, in your case, I suggest you go to Mexican Consulate and request for help and legal information. I suggest go to, no contact by phone or e-mail. Explain your case. I think is possible, but I suggest you ALWAYS get legal adoption under all applicable Law (all adoption process under US Law and Mexican Law) Take care with frauds or other tricks. Is not necessary Court or other similar step; if you have all requirements, no problem.

Only if you have a problem with no help or bad information, yes, you need an Attorney. Consulate must help you for get contact: www.sre.gob.mx/eua

Good luck.

Any doubt or another question, let me know it please.

Thank you very much for visiting me at AllExperts.com

---------- FOLLOW-UP ----------

QUESTION: Thank you very much for answering my question in a timely manner! You mentioned that you need further details regarding the birth mother, me, our problems, and financial status. What kind of information do you need? What might be some of the requirements of the Mexican Consulate? If we are able to adopt the twins, how long might the process take? Is there any other information you can offer regarding this matter? We are very anxious to become parents and do not want to get our hopes up with these twins and later find out that we will not be able to adopt them. We also do not want to be involved in adoption fraud and end up in jail. What are some ways to avoid adoption fraud and other tricks?

Answer
Before anything else, thanks for writing me at AllExperts.com

La información que se necesita es saber si ustedes tienen dinero, bienes suficientes, buen historial crediticio, no tener antecedentes criminales, buenos antecedentes psicológicos, etc.

Esa información ustedes deberán proporcionarla a las autoridades mexicanas para que la adopción pueda realizarse. Si ustedes tienen una situación económica aceptable, no hay problema.

Pero sí es muy importante que TODO lo hagan legalmente, con apoyo de las autoridades mexicanas. Nunca intenten adoptar por otros medios que no sean los que las autoridades mexicanas les indiquen. Nunca confíen en caminos fáciles o permitan que les digan que "otras personas así lo lograron". TODO debe ser bajo la ley. Es mejor saber que no se puede adoptar, que saber que se hizo algo ilegal.

Yo les sugiero que contacten personalmente al Consulado de México para tener más información. Yo no soy analista de adopciones ni les puedo dar mucha información porque sólo las autoridades mexicaas pueden saber y evaluar si ustedes califican o no para adoptar. Son las autoridades mexicanas las que pueden darles la adopción y nadie más. No tomen consejos "fáciles" ni porque "otras personas lo lograron de una manera más simple".

Si ustedes requieren más apoyo que el del Consulado de México, les sugiero, entonces, contactar a su Embajada o Consulado en México: http://Mexico.USembassy.gov

Buena suerte.

Any doubt or another question, let me know it please.

Thank you very much for visiting me at AllExperts.com