Trámites y Requisitos para adoptar un niño en España
For many couples, conception is a dream to realize, however, certain conditions and situations in some cases are an impediment to conception by natural means. Some couples resort to in vitro fertilization and other artificial conception methods to achieve the goal of becoming pregnant.
These methods are not always effective or do not necessarily represent the best way for a couple to have a child; in these and many other cases, adoption is presented as an economy option.
In this article, we present the Procedures and requirements needed to adopt a child in Spain.
The process in many cases will not be easy, but it will certainly be worth it if your desire is to start a family. Don’t despair if you still don’t know the process, here we will help you and make it easier for you!
Requirements for adopting a child
Among the most important requirements for adopting a minor are, being of the necessary age, financial resources to face the responsibility and having the desire to go through the process and be a father!
It is also necessary to take into account certain considerations if you adopt in pairs. They must be 2 years old if it is their first marriage and 3 years old if there was a marriage prior to the current one.
Documents to adopt a child
- Certificate of suitability: This document certifies that the person or couple has the necessary skills to adopt. If adoption occurs, the protection of the child and respect for his fundamental rights must be guaranteed at all times.
- Criminal, medical and income certificates.
- Marriage certificate (if applicable)
Each Autonomous Community varies in the documents you request, so you must be aware of the rules in force in your locality.
Procedures for adopting a child in Spain
The adoption process must be carried out personally by the interested parties, you will not be able to delegate this task! You must first go to the Child Protection Service of your Autonomous Community and request your aptitude certificate.
From this accreditation, a process of interviews and visits begins in which the guardian can supervise and observe the state of the household in which the child will live. This is usually called profile study.
In the course of the interviews, at the same time, those interested should take a course that will train them in the skills that they should develop as future parents.
Once this process is completed, if eligibility is granted, it is placed on a selection list for a minor to be proposed for adoption. Starts at pre-adoptive foster care, which is a period during which the child spends time living with his or her future adoptive parents. If all goes well, the corresponding public agency proposes the adoption, which must be approved by the judge.
Finally, civil registration is made to register the adoption and the surnames are given to the boy or girl in question.
Who can adopt in Spain?
To be able to process an adoption, you must be at least 25 years old (this is an essential requirement). If you plan to adopt with your partner, at least one must be this age. In addition, the adopter must always be at least 14 years older than the person they wish to adopt.
Other requirements that you must take into account are:
- Not having an age difference of more than 40 years with him.
- Gather the necessary psychological and economic characteristics.
- If you are a couple, you have lived together for at least 2 years.
In some Autonomous Communities, it is necessary to reside in the region where adoption is requested.
What if I want to adopt from abroad?
To start the process of adopting a foreign child, it is necessary to contact the competent body or institution of our Autonomous Community that can administer the adoption processes, and request the application. In order for the child to be adopted, the country of origin must issue a resolution, usually of a judicial nature, approving the adoption.
After completing this process, you should go to the Spanish Consulate in the child’s country of origin to apply for registration in the Civil Consular Register.
Who can be adopted?
It can be adopted as a general rule for unmanaged minors. By this, we mean those who have not been judicially declared free from their parents’ parental authority.
There is only one exception, it may happen that a person of legal age or emancipated minor may be adopted when shortly before emancipation or adulthood there was an uninterrupted orphanage or cohabitation situation, which would have started before the one who is going to be adopted he would have 14 years. In these cases, you can also proceed with the adoption.
Adoption cost in Spain
The adoption process costs have to do with processing costs. In national adoptions the costs depend on the Autonomous Community in which you live, but can vary from 0 to 10 euros.
If you want to adopt a child from another country, the expenses are usually higher, ranging between 1,000 and 30,000 euros depending on the country of origin.
Can they adopt gay couples?
In Spain, adoption with homosexual couples is permitted, provided they are married. On the other hand, couples in a stable relationship who wish to adopt, can only do so if they are heterosexual.
In fact, when it comes to adoption as a couple, attention is paid to the type of couple people make. According to the civil code, the law stipulates or mentions «adoption by both spouses» in relation to the couple. At first, one might think that only married people have access to this type of procedure, but it is also allowed for couples in a stable relationship. What actually happens in practice is that these couples face more administrative complications to complete the adoption.
What is an adoption?
It is a Legal act, that is, regulated by law, according to which the minor becomes the child of parents (or only one of them), who are not their biological parents. Adoption is an act that cannot be undone, that is, we cannot adopt a child and then regret and cancel the adoption.
For all legal purposes, the adopted child is exactly the same as the biological child, and his parents have the same duties to him. The adopted child will also have the same obligations to his adoptive parents as he would to his biological parents.
The duties of parents in relation to minor children are as follows:
Take care of them, have them in your company, feed them, educate them and give them complete training.
Represent them and manage their assets.
Meanwhile, the children’s duties are as follows:
Obey parents while they are under your authority and always respect them.
Contribute with equity, according to your possibilities, to the family’s burdens when living with them.
Consequently, when the adoptive mother or father has practiced any conduct that by law leads to the loss of parental authority over the children, she will also lose it in the case of adopted children.
In the vast majority of cases, children tend to be raised with parents or close relatives who care for their health and well-being. Unfortunately, there are multiple cases in which the conditions of pregnancy or the time of parenting make it impossible for parents to take responsibility for their children or simply their interests are not in parenting.
Adoption exists to resolve those situations in which a child cannot be brought up in the family, usually due to a lack of financial resources to provide the necessary. There are also other circumstances that may force a child to be presented for adoption, for example, in certain countries where it is prohibited to have more than one child, and if you have more, you should be referred for adoption.
The truth is that, faced with the helplessness of children and the desire to be parents, people who wish to adopt open their arms to form their own family.
International Adoption Agencies
Collaborating Entities in International Adoption or also called international adoption agencies, are non-profit entities that protect minors, facilitating their adoption abroad. They are administered and monitored by the Autonomous Communities and the countries of origin of the minors to be adopted.
We present some of them:
- AAIM (Association to Help the Children of the World)
- AASF (Association for Adoption Without Borders)
- ABRA (Association for Adoption of Minors in Brazil)
- ACI (Association for Child Care)
- ADAI (Spanish Association for International Adoption)
- ADECOP (Collaborating Entity for International Adoption)
- ADIB (Association for International Adoption of the Balearic Islands)
- ADOIN (Association for International Adoption)
- ADOPTS ADOS (Community Health Guidance Association)
- AIPAME (International Association for the Protection and Assistance of Minors in the East)
- AJUDA’M (Aid and Promotion of International Adoption of Minors)
- AKUNA INTERNATIONAL
- NEPAL FRIENDS
- AMOFREM (Motivation, Family and Marriage Resources Association)
- ANDAI (National Association for Child Welfare)
- ANDENI (National Association for the Defense of Children)
- ASEFA (Spanish Association for Care and Support for Family and Adoption)
- ASHRAM (Humanitarian Association for the International Adoption of Minors)
- AYA (Association for Adoption Assistance)
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