UPDATED NOTICE - MEXICO- 25 JANUARY 2012

Ireland ratified the 1993 Hague Convention through the enactment of the Adoption Act on 1 November 2010. The Hague Convention sets out a robust framework for regulating intercountry adoption on a global basis. Recent events in Mexico underline the importance of the Convention in providing a framework to regulate intercountry adoption.

In relation to Mexico, the Authority has posted seven advisories on its website since October 2010; it has worked with the Irish Embassy in Mexico and with the Mexican authorities. A delegation from the Authority undertook a formal visit to the Mexican National Central Authority in Mexico on 9^th December 2011 and the Authority is in regular contact with that Authority. The Adoption Authority of Ireland awaits further information from the Mexican National Central Authority on the investigations that it is conducting.

With regard to intercountry adoptions from Mexico already registered, the Authority has no evidence to date that these registrations are affected by recent developments. It is not appropriate for the Adoption Authority to comment on individual cases.

Finally, it is important to reiterate that adoption is a service for children.

Responses to potential queries regarding adoption in Mexico

16 January 2012

Background: Mexico has become increasingly popular as a country to be considered for intercountry adoption in recent years.  It ratified the Hague Convention in 1995.  However, the former Adoption Board and the AAI have had occasion to raise a number of concerns with diplomatic and official Mexican authorities, and has urged caution on a number of occasions over the last 15 months: previous circulars published on the www.aai.gov.ie website (and it’s forerunner, www.adoptionboard.ie ) on the following dates refer:

13 October  2010; 29 April 2011; 15 June 2011; 26 September 2011; 19 December 2011; 5 January 2012 and 12 January 2012.

News reportage: The AAI is, of course, aware of the recent and ongoing news reports relating to arrests in Mexico.  The AAI does not comment on individual cases. The AAI has been in contact with the Embassy, which is providing consular assistance to the Irish citizens involved and will maintain contact, assisting the Embassy in relation to enquiries if required to do so.

Queries arising from news reports: The AAI is conscious that a number of persons may make enquiries in respect of their individual circumstances, depending on what stage of the process they may be at.  The following are the general responses to those anticipated queries:

1. Prospective applicants currently being assessed for eligibility & suitability by the HSE:

assessment can proceed; National Central Authority (SRE) in Mexico has indicated willingness to accept dossiers from the AAI; likely age of children available for intercountry adoption will be 5+ (our advisory of 12/01/12 refers).  You may wish to discuss this with your Social Worker.

2. a)Assessment complete, application with AAI for consideration for granting of Declaration or b) Declaration granted, applicants currently compiling ‘pack’:

Decision on Declaration is a matter for the Board; there is no impediment to changing country of choice, either prior or subsequent to the potential granting of the Declaration by the Board; you may wish to discuss with your Social Worker; if SW considers that you should request the return of your application to seek a change of country prior to consideration of your application or subsequent to the granting of a Declaration by the Board, the AAI will facilitate this: such requests should be emailed to ‘ This e-mail address is being protected from spambots. You need JavaScript enabled to view it ’ by your SW.

3. a) ‘Pack’ currently in Mexico, having been sent individually by applicant:

Applicants should seek independent legal advice in the first instance; applicants must not proceed with independent private adoptions;

b)‘pack’ sent to Regional DIF in Mexico at request of applicants:

AAI awaits referral of Article 16; applicants in this category are reminded that they must not accept a proposed placement without the issue of an Article 17 by the AAI

c)’’pack’ sent to Central Authority (SRE) in Mexico at request of applicants:
AAI awaits referral of Article 16.

4. Referral received by applicants:
Applicants are reminded that they must not accept a proposed placement without the issue of an Article 17 by the AAI;  they should verify with the body from whom the referral has been received that the Article 16 has been sent to the AAI

5. Adoption effected but not registered yet:
Applicants are reminded of the statutory obligation to advise HSE and AAI that they have brought a child into the State within 3 months (Section 82 of the Adoption Act 2010 refers); the Board will consider the matter on receipt of an application for registration in the Register of Intercountry Adoptions.

6. Applications for registration currently on hand:
At the request of the Mexican authorities, the AAI has provided details to those authorities and awaits their response; it is open to those applicants to contact their agent in Mexico to discuss the matter also.

7. Entries already made in the Register of Intercountry Adoptions:
Entries made in the Register stand.  However, if information of impropriety were to come to light, the AAI reserves the right to re-examine entries in the Register in view of our statutory obligation to protect the best interests and welfare of the child.

UPDATED NOTICE - MEXICO- 12 JANUARY 2012

A delegation from the AAI met with their counterparts in the Mexican National Central Authority in Mexico City on 9th December 2011.

Items discussed included

-the adoption process in Mexico

-the accreditation process in Mexico for accredited bodies

-Mexico and Ireland working together within the Hague Convention

The Mexican authorities sought details of applications for entry in the Register of Intercountry Adoptions relating to Mexico currently on hands with the AAI.

The Mexican authorities stated that

1. All documentation for intercountry adoption must be sent by the Adoption Authority of Ireland, or a body accredited by the AAI, to the Federal Central Authority (as per Mexican notice on the Hague Convention website, see our notice of 5^th January 2012 below).
2. There is only one system of intercountry adoption within Mexico, a public and statutorily regulated system.
3. The preliminary ‘matching’ process is conducted by a specialist department within the Public system known as DIF working under the Mexican National Central Authority (SRE)
4. Visa applicants must clearly state the actual purpose of their visit to Mexico and Prospective Adoptive Parents (PAPs) should obtain an adoption visa.
5. While some individual States within the Federal United States of Mexico may allow for private domestic adoptions outside public entities, there is no provision for private adoptions in the context of intercountry adoption.
6. No children under five years of age should be proposed for Intercountry adoption, the only exceptions being children with special needs or sibling groups.

On the basis of the foregoing, PAPs should not enter into any private arrangements with private individuals or private agencies in order to effect an adoption in Mexico.

NOTICE - MEXICO - 05 JANUARY 2012

From the Hague Convention website (www.hcch.net)...

Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption

Declaration by MEXICO

Articles: 6,17,21,22,28,34

I. In connection with Article 6, paragraph 2, and Article 22, paragraph 2, the Systems for Integral Family Development in each of the following federal units shall act as the sole Central Authorities for the purposes of this Convention, having exclusive jurisdiction within the territory to which they pertain: (see "Authorities")

The National System for Integral Family Development shall have exclusive jurisdiction within the Federal District and subsidiary jurisdiction with the aforementioned 31 federal units of the Republic.

The Legal Department of the Ministry of Foreign Affairs shall act as the Central Authority for the receipt of documents from other countries.

II. In connection with Articles 17, 21 and 28, the Government of Mexico declares that only such children as have previously been adopted through Mexican family courts may be transferred outside Mexico.

III. In connection with Article 23, paragraph 2, the Government of Mexico declares that the Legal Department of the Ministry of Foreign Affairs shall be the competent authority for the certification of adoptions negotiated in accordance with the Convention.

IV. In connection with Article 34, the Government of Mexico declares that all documents sent to Mexico in pursuance of the Convention must be accompanied by an official translation into Spanish.

NOTICE - MEXICO - 19 DECEMBER 2011

A delegation from the AAI met with their counterparts in the Mexican National Central Authority in Mexico City on 9 December 2011.

Items discussed included

• -the adoption process in Mexico
• -the accreditation process in Mexico for accredited bodies
• -Mexico and Ireland working together within the Hague Convention

The Mexican authorities stated that all documentation for intercountry adoption must be sent by the Adoption Authority of Ireland, or a body accredited by the AAI, to the Central Authority (as per Mexican notice on the Hague Convention website); that there was only one system of intercountry adoption within Mexico (i.e. a public and statutorily regulated system); that the ‘matching’ process is conducted by a Technical Group at DIF level; that some Mexican States allowed for adoptions outside of public entities but that these adoptions were domestic simple adoptions only and that visa applicants must clearly state the actual purpose of their journey to Mexico.

The Mexican authorities sought details of applications for entry in the Register of Intercountry Adoptions relating to Mexico currently on hands with the AAI.

HAGUE COUNTRIES – MEXICO – 26th SEPTEMBER 2011

The Adoption Authority of Ireland’s advisory of 15 June, 2011 noted the active consideration of intercountry adoption from the United States of Mexico, and engagement between the Adoption Authority of Ireland and the Mexican Central Authority on the issue. Further to this and other inquiries made, the AAI wishes to advise all prospective adoptive parents as follows:

The Authority has been in correspondence with the Mexican Central Authority and the Embassy of Mexico in Ireland regarding intercountry adoption between our two countries. Following these exchanges the Mexican Central Authority is proposing a new process for Mexican adoptions. The Authority is currently pursuing these discussions and hopes to conclude them quickly.

In the meantime, prospective adoptive parents should note the following:

1.    It is the Authority’s recommendation that prospective adoptive parents who propose to adopt from Mexico should not enter into any arrangements with adoption agencies, individual agents or individual birth families until further clarification has been provided by the Authority. Prospective adoptive parents who proceed after the posting of this notice will not have an application for an Article 17 considered until the Authority has clarified the matter further.

2.    An Article 17 certificate determines that the State of Origin may entrust a child to prospective adoptive parents (Article 17 of the Hague Convention, as referenced in Schedule 1 of the Adoption Act, 2010 refers) and is a requirement to proceed to effect an adoption in accordance the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

3.    Prospective adoptive parents who have recently been issued with Section 40 Declarations of Eligibility and Suitability in respect of Mexico and who now wish to change their choice of country should contact the HSE or PACT(if they completed your assessment) in the first instance to seek an addendum report.

4.    The Authority is committed to bringing further clarification to the situation for prospective adoptive parents as quickly as is possible. Further notices will be published on the Authority’s website.

Adoption Authority notice re: Mexico – 15 June, 2011

The Authority has recently been advised of some difficulties in respect of intercountry adoptions being effected in Mexico.

Further inquires are currently underway. In the interim, the Authority wishes to advise all prospective adoptive parents that they should take particular care in proceeding to adopt in Mexico. Prospective adoptive parents are advised to take all necessary steps to ensure that the adoption proceedings comply with the Adoption Act, 2010 and Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993.

You should also note that under Irish law, as regards the issue of consents, final consent to adoption by a birth mother is only valid if it is given six weeks after the birth of the child. In Ireland, no child can be placed with prospective adoptive parents until such time as this period of time has passed. It is the Authority’s view that such placements abroad in respect of Irish applicants should not take place prior to this time.

In any event, no placement should take place until the approval required under Article 17 has been provided by the Authority.

You should take legal advices on any aspect of the law on which you are unclear. Applicants should be familiar with the requirements for all Hague Countries in terms of procedures.

Please see separate advisory on All Hague Countries on the website www.aai.gov.ie which sets out some key aspects of the process for all countries.