ADOPTION LAW SPAIN
The adoption of a person is an irrevocable process once when the person is adopted and the adopted individual becomes descendant of the adopter.
The adoption is made after taking into consideration of the interest of the individual to be adopted.
Upon adoption all the birth parental obligations between the natural parents and the child are terminated.
- Any Spanish resident who wish to adopt an individual may file a petition for adoption before the Spanish courts.
- The petitioner is eligible to file the petition if:
- He/she is in full possession of civil rights (to be legally capable).
- One of the adoptive parents must be over 25 years of age and,
- The age difference between at least one of the adoptive parents must be, at least 14 years older than the adopted person.
- However, a person is not eligible to adopt:
- The father and mother who have been deprived of the custody of their children, or the persons who have been removed from a custody or guardian charge.
- The tutor in respect of his or her pupil, until the final account of the tutelage has been approved.
- Only minor non-emancipated persons may be adopted.
- It may be possible to adopt an emancipated minor individual provided that such person has cohabited ceaselessly with the person who is willing to adopt, from before the adopted has turned 14 years of age or if this person has been in a situation of pre-adoptive asylum.
- Any of the following circumstances must be complied with to adopt an individual:
- If the biological parents of the adopting child have been deprived of custody by the judge authorities
- If the biological parents of the adopting child give their consent for the adoption. For newborn child, the natural parents shall give their consent, at least, 30 days after the date of birth.
- If the minor individual has been abandoned and his/her parents' identity is unknown. If the child was abandoned at the moment of birth, the minor may be adopted after 30 days, provided that the mother did not attend the child within that period.
- Individuals who are prohibited from being adopted:
- Descendants, e.g. A grandfather may not adopt his grandsons
Relatives in the second degree of the collateral line of consanguinity or affinity
PROCEDURE OF SPAIN ADOPTION
- The first step to adopt an individual is to file a proposal for adoption at the competent Spanish institution (Servicio de Protección de Menores) from the Spanish Autonomous Community.
- Certain documents such as the birth certificate of the persons who are willing to adopt, their criminal record, their income declarations etc, should be attached to the said proposal.
- The institution will revise the suitability of the person or persons who are willing to adopt and issue a certificate estimating the competence of the applicants to adopt a minor individual.
- The institution will issue the previous proposal of adoption, which shall contain the reasoned suitability of the person or persons who are willing to adopt, together with their personal, social, familiar and economic conditions, as well as their last address known.
- This proposal will be sent to the Spanish judge, who shall determine whether or not the individual is declared to be the child of the petitioner.
- One must not have to file a previous proposal if you file your petition directly to the judge in the following cases:
- Adoption of orphans and relatives of the adopting party in the third degree of consanguinity or affinity.
- Adoption of the child of the spouse.
- When the minor individual is under the tutelage of the adopter or in a situation of legal asylum for a period that exceeds 1 year.
- When the adopted is an emancipated minor individual or a major person.
- If the adopting party is 12 years of age or older, the judge will hear his opinion with respect to the petition for his/her adoption.
- Although adoption is irrevocable, however, the judicial authority may establish, in the interest of the adopted person, the termination of the adoption, supposing that the biological father or mother could not take part in the adoption proceedings, due to a cause not imputable to them.
They are entitled to revoke the adoption within 2 years after it was determined.
INTERNATIONAL ADOPTIONS LAW SPAIN
- The agency (Servicio de Protección de Menores) from each Spanish Autonomous Community will facilitate and follow those petitions for adoption of individuals located abroad.
- If the person wishing to adopt a non-Spanish minor, keep in mind that you will have to move to the minor's country of origin to pick him up.
- The Adoption Agencies are the official organisations and they are entitled to intervene in an adoption procedure through a mediation function.
- These supply information to the adopter parents and intervene in adoption procedures before the Spanish and foreign authorities.
- These must be non-profit making organisations, legally set up.