International adoption is a complex process that allows a person to adopt his or her partner’s children, or the children of a relative. Only in certain cases and under certain conditions. In this week’s article we analyse the requirements, conditions and documentation that is necessary to carry out an international adoption in Spain.
Legal requirements for International Adoption.
In order to initiate the process of international adoption in Spain, it is essential to comply with the requirements established in article 175 and following articles of the Spanish Civil Code.
On the one hand, the adopters must be over 25 years of age and must have full legal capacity. In addition, the age difference between the adopter and the adoptee must not be more than 45 years old, nor less than 16 years old.
Another important requirement is the consent of the adopters. In the case of children under 12 years of age, their consent is also necessary. This means that both the adopters and the child must give their consent before a judge. Ensuring that the adoption is carried out in an informed and voluntary manner.
It is also crucial that the parents of the minor non emancipated give their consent, except in specific cases. For instance, if they are deprived of parental authority by a firm judgement or are under a legal cause for such deprivation.
Declaration of suitability by the Public Entity.
In order to initiate the adoption file, a prior proposal by the Public Entity is necessary, in which is declared that the adoptive parents are suitable for the exercise of parental authority. In other words, that the adoptive parents have the necessary qualities to care for and educate the minor as their own children.
However, this is not required when adopting their partner’s children. Nor if the adoptees are orphans and relatives of the adopter to the third degree by blood or affinity. Etc.
Applicable law, territorial jurisdiction and court procedure.
The legal process of international adoption in Spain is mainly governed by the following rules. Law 54/2007, of 28 December, on International Adoption. Civil Code. And Law 15/2015, of 2 July, on Voluntary Jurisdiction.
The procedure is initiated by submitting the application to the Court of First Instance of the adopter’s/adoptee’s domicile. The judge, accompanied by the Public Prosecutor, will assess the suitability of the adopters and the situation of the adopted minor. And the adoption will be decided after all the parties are heard.
Documentation required for international adoption in Spain.
The following documentation must be included with the application:
– The birth certificate of the adopters and adoptees.
– Marriage certificate (if the couple’s children are adopted).
– The death certificate of the deceased parent (as the case may be).
– Etc.
It is also recommended to provide documentation proving the adopter’s means of support, indicating his or her capacity to assume parental responsibilities. All documents issued outside Spain will need the apostille/legalization and a translation.
Conclusions.
International adoption in Spain is a legally rigorous but rewarding process, which often makes possible to provide a stable home for children in need of one. If you are considering this process, please do not hesitate to contact us. At White-Baos Lawyers we have extensive experience in Family Law.
The information provided in this article is not intended to be legal advice but rather to convey information related to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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