SPAIN ADOPTION GUIDE
• The UN Convention on the rights of the child, of the UN OHCHR - Committee on the rights of the
• The the Hague Convention of 29 May 1993. The Conference in the Hague on private law.
• Universal Declaration of human rights. UN - United Nations.
• National law Spanish Constitution.
• The Spanish Civil Code.
A concept of protection and emancipation in the Spanish legislation of adoption.
Spain is a receiving State in the adoption procedure and there is the Middle person
during the administrative part of the adoption.
The Spanish system also features as some of the other systems of European countries, several
institutions to help children in need. These institutions are: the residence of foster, adoptive family
with different modes and, finally, the adoption. In Spain, when a child is without protection, the
competent authority assumes its / their guardianship and decides the best resource for the
child. Only the adoption institution creates links affiliations.
In some cases, when the protection afforded to children adopted in Spain becomes in
impropriated, the Spanish Government took on the assumption of guardianship and
you go in search of a new family.
The full adoption is preceded by a "pre - adoptive reception», which is a pre - adoption
placement in a foster family, the adoptee is placed inside of his / her host pre - adoptive family
for at least one year.
Only the legal authority is limited to the adoption. Article 22.3 of the organic
the legal capacity Act (Bill oranica LED judiciary) establishes the jurisdiction of the
the judges and courts of civil order to constitute the adoption when the adoptive parents or the
adopted they are Spanish nationals or who have their habitual residence in Spain. The judge
will always have to keep in mind about the best interests of the child so that the adoption of
fitness of the parents.
How to protect children on the basis of the mandate of the Hague conventions, Spain has
Entities created partnership for international adoption (ECAI) accredited by the
the services for the protection of minors in each autonomous community within the framework of a
selection process. They are formed by a multidisciplinary team that must take into account
at least, a psychologist, a social welfare officer and a lawyer.
International adoption must be made by a foreign public authority qualified to being
or it is not legal.
The decision of international adoption will take place under the conflicts rules of the
country of the qualified entity. Is necessary that the capacity and seat them
they correspond to the adopted law, allowing the settlements dice more ahead, either facing a
Authority Spain or in front of another qualified foreign authority.
The certificate issued by the authority of foreign adoption ensures that the adoption
observe the conditions of the Convention of the Hague. In this sense, it is necessary to make emphasis on
international adoption to the requirements of the country of origin of the child
have the priority.
Spanish legislation establishes a minimum age different from 14 affirmative votes between the adoptee and adoption,
This just not observed when the original legislation country approve.
Spanish laws are deeply "biologists" and judges wake up, so the biological assent
holder of parental authority is necessary to decide the adoption.
Based on article 149 of the Spanish Constitution text civil matters are the
sole responsibility of the autonomous communities and their own statutory law. Therefore
the transposition of international law governed by the Hague Convention should be
determined in each case by the law conceived by the autonomous communities. However,
It also provides for the principle of the best interests of the child in the Spanish Constitutional
The Spanish law sets major adoption and the emancipated minor. The adoptee can
be higher if a situation of common life with foster parents was started before the
adopted was 14 years of age.
The adoption is irrevocable, however, the 177.2 article of the Civil Code establishes that the
biological parents who were not deprived of parental authority must be in accordance with the adoption
unless they had not had the possibility of doing so during the procedure for adopting a
reason independent of his will. Article 180 of the Civil Code establishes that they can present a
request within two years from the constitutive sentence of adoption in order to ask your
extinction at the Court of first instance of the place of residence of the adopting in
application of Article 779 of the law on legal procedure.
Spanish adoption law is open in the way of the criteria adopted parents. in this
sense more married couples part of the autonomous communities that give priority to the
married couples to couples in fact proving relationship lasts a minimum of 3
years; in fact stable couples, but defined as marriages in fact, such as the one formed by a man
and a woman who live permanently by a similar emotional relationship to the relationship conjugal, and, finally, recognizes the ability of the adoption of a single,divorced or widowed person.
However, the great conquest by the Spanish adoption law is homosexual couples as
prospective adoptive parents; As for homosexual couples, Navarre was the first in
2000, followed in 2003 by the Pays Basque and Aragon 2004 and 2005 by Catalonia, of the
many autonomous communities had legislated in order to allow the adoption by the
homosexuals. Therefore, the Spanish law was modified by the law of June 30, 2005
in connection with the marriage of homosexual persons, granting them the same rights as the
couples in heterosexual married, including adoption. In this sense, it is important
express that in cases of international adoption, the respect of the requirements of the State of origin
they should be given priority to local law. ; in cases where the country of origin of the child require, this means
a married heterosexual couple or not rather than homosexual, whether if the national
Spanish law recognizes equal rights to the homo and hetero, the principle of the best
best interests of the child is applied Therefore, Spanish homosexual couples married or not
not qualified as potential adoptive parents this child.
Each autonomous community establishes the criteria of estimation of future fitness
the adoptive parents; However, there is a hard core which consists of staff
parameters for coordinate criteria provide for evaluation to a homogenization
between the communities.
3 - Conclusions
The Spanish system is more complicated to follow the various executive authorities
taking into account the different autonomous communities. However, it contains protection
they are those listed in the Convention in the Hague which is mandatory for Spain. Either they have different
type of protections of raising children, the country has been voided the adoption simple or
Today the institution - the full adoption is only permitted by national legislation.
As for the emancipation of the system, the greatest conquest achieved by the Spanish
family and adoption laws discussed in 30 June 2005 with respect to the
legislation homosexual persons. Certainly, the recognition of the human right to build a family
became reality with this law on the right to a homosexual couple to adopt a
child. It is not only that a homosexual couple living in cohabitation is able to be prospective
father of an adopted child, so the couple married perhaps as a heterosexual family and adopt a
child in the same way. The right to human to marry and to found a family was recognized
by the Spanish national civil law.
B the right of the child to be adopted and right of parents to the adoption in the
Spanish adoption law
The right of children to be adopted.
In the way of the rights recognized to children to be adopted, it is expected by the
Convention on laws of the girl, which is obligatory for Spain, but also by the Spaniards
Law 54 / 2007 on international adoption, which provides in its article 12, the right of the
of the child to know biological origins, etc therefore the Spanish public authorities to collaborate
with him and to store the information of all family members about his birth, situation, the biological parents,
Contact us, For first free advice, Speak to one of our highly qualified Caseworkers/solicitors/officers/ACCA on +44 (0)141 628 8277
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